CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

CMNT_TITLE

Remuneration gap. The Committee notes that, according to the statistics in the situation report on the public service (“Facts and figures 2009–10”), the net average monthly wage gap between men and women in the private sector was 23.2 per cent in 2007 (and 23.1 per cent in 2006). According to Eurostat statistics, the gender wage gap (difference between average gross hourly earnings) was 16.9 per cent in 2007 and 17.9 per cent in 2008. In its previous comments the Committee noted the adoption of the Equal Pay Act of 23 March 2006, which provides for the definition and programming of measures enabling the gender wage gap to be eliminated through negotiation by 31 December 2010. The Committee asks the Government to supply information on the implementation of the Equal Pay Act of 23 March 2006 and, in particular, on the conclusions of the planned mid-term progress report. In addition, noting the information supplied by the Government on the conditions for awarding the “equality label” to enterprises which promote equality in employment and occupation, the Committee asks the Government to supply information on its implementation in practice and its impact on equal remuneration for men and women, and indicating whether enterprises have been rewarded for actions specifically aimed at reducing and eliminating the gender wage gap.

Articles 2 and 3 of the Convention. Application of the principle of the Convention by means of sectoral and enterprise agreements. The Committee notes the Government’s indication that 2008 was marked by the acceleration of negotiations on the subject of equality in employment and occupation between men and women and particularly on equal pay; 19 specific agreements on equality were signed and 34 other agreements make reference to equality between men and women. However, the Committee notes that most agreements merely reiterate the provisions of the Act of 23 March 2006 and refer to the principle of “equal pay for equal work”. The Committee encourages the Government to take measures to raise awareness among the social partners in order to ensure that the principle of equal remuneration for men and women for work of equal value is taken into account in collective bargaining and ensure that the content of sectoral and enterprise agreements provides for specific measures to achieve it, and asks the Government to supply information on any measures taken to this end. The Committee asks the Government to supply information on the following points:

(i)    the action taken to follow up on the conclusions of the dialogue preparatory report submitted on 8 July 2009 on differences of treatment between women and men regarding access to employment and developments in employment, as regards the reduction of the wage gap and efforts to eliminate occupational segregation in the labour market;

(ii)   all collaboration with the social partners on the subject of equal remuneration, and on any agreed action in this context;

(iii)  the effective implementation of specific measures and actions planned with a view to eliminating the wage gap in certain sectoral and enterprise agreements to which the Government refers in its report, and the results achieved; and

(iv)  the provisions and measures adopted with regard to enterprises and sectors which have not met their obligation to negotiate the elimination of the gender wage gap by 31 December 2010.

Equal remuneration in the public service. The Committee notes that, according to the data in the annual situation reports on the public service (“Facts and figures 2008–09 and 2009–10”), the net monthly wage gap between men and women in the three branches of the public service was 18.5 per cent on average in 2006 (with a 27 per cent wage gap in the hospital public service) and that there was no change in 2007. The Committee notes the Government’s statement that the table of indices for the public service is a factor in establishing uniformity in pay for men and women and that existing examples of the wage gap stem mainly from disparities in terms of career progression and the policy on allowances. According to the Government, the implementation of the framework mechanism for the function and performance bonus (PFR), adopted in 2008 and aimed at revamping the policy on allowances in the public service, involves the drawing up of a typology of jobs in each ministry and assigning a rating to them, and this transparent classification is such as to prevent disparities between male and female employees. The Committee asks the Government to take the necessary steps to ensure that the principle of equal remuneration for men and women for work of equal value is fully taken into account in the evaluation of jobs undertaken in the context of the establishment of the PFR mechanism and requests it to supply information in this respect. Furthermore, in view of the persistence of the gender remuneration gap in the three branches of the public service, the Committee trusts that the issue of equal remuneration for men and women for work of equal value will be raised in the context of the study on equality in employment and occupation between men and women in the public service which has been ongoing since October 2010 and that specific follow-up measures will be adopted in order to eliminate wage inequalities.

Objective evaluation of jobs in the private sector. The Committee notes the existence since August 2008 of an online guide providing assistance with preparation of the report on the comparative situation of men and women, the production of which is compulsory in enterprises which have more than 50 employees and which aims to identify inequalities and establish action to be taken. According to the Government, the guide contains substantial information on the necessary indicators for identifying any gender remuneration gap. The Committee asks the Government to provide information on the impact of comparative situation reports on the implementation of objective job evaluations within enterprises, and on the gender wage gap, indicating the impact of these analyses of the situation regarding equal pay for men and women on the re‑evaluation of jobs predominantly performed by women and on reducing the wage gap.

Part-time employment. Noting the information supplied by the Government on discussions in progress concerning involuntary part-time work, the Committee hopes that the issue of equal remuneration for men and women will be raised in the context of the dialogue planned with representatives of the sectors which make the most use of part-time work, and requests the Government to supply information on the results of this dialogue and on any follow-up measure adopted or contemplated in relation to implementation of the principle of the Convention.

Application in practice. Developments in case law. The Committee welcomes the Order handed down on 6 July 2010 by the Court of Cassation which, contrary to its previous case law according to which different duties could not have an equal value, now recognizes the possibility of comparing the wages of persons performing different duties with a view to determining the existence of any wage discrimination. The Committee asks the Government to supply information on any court decision relating to equal remuneration for men and women for work of equal value.

Labour inspection. The Committee notes the Government’s indication in its report that the different sections of the labour inspectorate have been conducting an inspection campaign since September 2008 focusing on obligations relating to equality in employment and occupation and that this campaign was due to be stepped up in 2009 “with the application of administrative sanctions which will come into force from 2010”. The Committee asks the Government to supply detailed information on the measures taken to reinforce the training of labour inspectors with regard to equal remuneration and also on cases of gender wage discrimination identified by labour inspectors and on the follow-up action taken, particularly the penalties imposed, including in the French overseas departments.

CMNT_TITLE

1. Wage differentials. The Committee notes from the Government’s report that there is still a sizeable difference between the average monthly wages of women and of men and that there has been little improvement in women’s share in “male” occupations. It also notes that, according to the Government’s report, women account for 80 per cent of persons earning less than the growth-linked guaranteed minimum wage (SMIC). The Committee notes the steps taken by the Government to remedy this situation, and particularly the adoption of the Equal Pay Act of 23 March 2006. The Act provides for a series of measures in collaboration with the social partners to reduce the wage differentials between men and women and to promote equality in occupation. The Committee further notes that the “equality label” has been adapted for enterprises with fewer than 50 workers with the aim of rewarding and encouraging all enterprises undertaking to promote equality in occupation. Furthermore, the employment centres (maisons de l’emploi) have been entrusted with organizing advocacy and information campaigns about occupational equality and reducing wage differentials. The Committee asks the Government to provide information on the activities the employment centres carry out to further understanding of the Convention’s principles and improving its application, and on the conditions for awarding the equality label and the follow-up of the measures taken by enterprises receiving this award. It also asks the Government to provide information on the impact of the Equal Pay Act in reducing wage differentials between men and women and gender segregation in the labour market.

2. Articles 2 and 3 of the Convention. Application of the principle of the Convention by means of sectoral and enterprise agreements. The Committee notes the progress made at sectoral negotiation level in terms of specific measures to achieve equal pay between men and women. It notes in particular that in 2006 an agreement was concluded on occupational equality between men and women in the banking sector. Under the agreement, inequalities in pay between men and women are to be reduced by means of wage upgrading measures and by setting an intermediate objective of a 40 per cent increase in women’s participation in management jobs as a whole. The Committee notes, however, that at enterprise level only 2 per cent of the agreements signed address the subject of equality and that the Government is aware that much remains to be done in this area. The Committee also notes that the agreements concluded in 2005 in the telecommunication and pharmaceutical distribution sectors set out the principle of “equal pay for equal work”. The Committee emphasizes that this principle does not entirely reflect the scope of the principle of “equal pay for work of equal value” enshrined in the Convention and also set forth in section L-140-2 of the Labour Code. The Committee, therefore, draws the Government’s attention to its general observation of 2006.

3. The Committee notes that measures have been taken by the Director-General of Labour, the Monitoring Committee for Sectoral Wage Negotiations and the chairpersons of the joint committee, inter alia, to monitor and assist with collective bargaining on equal remuneration. The Committee further notes that penalties are to be applied against sectors and enterprises that fail to meet their obligation to negotiate. The Government acknowledges, however, that the penalties against enterprises impose few constraints and indicates that the law therefore envisages the possibility of a wage-based financial contribution for enterprises that fail to negotiate, should the first report on the application of the Act to be produced in 2008 so warrant. The Committee asks the Government to see that the authorities involved in the monitoring of collective bargaining ensure that the principle of “equal pay for work of equal value” is applied in full in sectoral agreements and enterprise agreements, and asks the Government to keep it informed in this respect. In particular, it asks the Government to continue to provide information on the following: (a) the manner in which the social partners apply the principle of equal pay for work of equal value in sectoral and enterprise agreements; (b) the number and the outcome of penalties applied against enterprises and sectors for non-fulfilment of their obligations to negotiate on equality in occupation and on the application of more restrictive penalties as envisaged by the Equal Pay Act.

4. Equality of remuneration in the public service. The Committee notes that in the public service, the average wage of women is 13.8 per cent lower than that of men. It also notes that women’s civil service pensions are 19 per cent lower for women than those of men in the three public services and that in certain branches (administrative, medical, social, etc.) and certain occupations in the public service there is some degree of feminization. In these circumstances, the Committee draws the Government’s attention to its general observation of 2006 and reminds it that with an objective evaluation of public service jobs, it would be possible to identify and remedy instances of inequality in the remuneration of men and women when they carry out work of equal value. The Committee notes from the Government’s report that in order to promote equality between men and women, an active policy has been applied in the public sector. The Committee asks the Government to send information on the manner in which this policy incorporates the issue of equal remuneration for work of equal value and on the impact of this policy on reducing wage differentials. The Committee again asks the Government for information on the measures taken or envisaged to carry out an objective evaluation of jobs in the public sector.

5. Objective evaluation of jobs in the private sector. The Committee recalls that in its previous report, the Government stated that it was planning to develop indicators to measure wage inequalities and inequalities between men and women in access to training and promotion. The Committee notes that with a view to identifying and remedying inequalities in pay between men and women, Circular SDFE/DGT/DGEFP to implement the Act of 23 March 2006 proposes to the social partners by way of indication, examples of indicators of wage differentials: the average wage differential by gender, and women’s share in each type of job. The Committee notes that among the measures that may be implemented to eliminate any differentials, the circular proposes remedying the under-evaluation that often characterizes jobs that are typically female and remunerating them at their proper value. The Committee asks the Government to send information on the measures taken to promote the application of these indicators by the social partners and to facilitate objective job evaluation methods.

6. Part-time employment. The Committee notes from the Government’s report that women account for 82 per cent of part-time workers. It notes that in the state civil service, 78 per cent of part-time jobs were occupied by women. It notes the Government’s information that the incidence of part-time employment may be reflected in hourly wage rates and hence in the wage differential between men and women. The Committee also notes that in the public service, certain criteria for career advancement in the various bodies of the civil service penalize women who have taken leave or worked in part-time employment. The Committee notes that the Equal Pay Act requires enterprises to negotiate the working and employment conditions of part-time workers. The Committee asks the Government to send information on the measures taken in the context of the collective negotiation provided for in the Equal Pay Act to ensure that the principle of equal pay for work of equal value is applied to men and women part-time workers and to ensure that the exercise of a part-time activity does not become an obstacle to access better paid jobs in the public and private sectors.

7. Part V of the report form. The Committee asks the Government to continue to send statistical information disaggregated by sex and job category in the public and private sectors. It also asks the Government to send information on any administrative or judicial decisions concerning equal remuneration for men and women.

CMNT_TITLE

The Committee notes with interest the adoption of the Act of 23 March 2006 on equal pay for men and women, which lays down the objective of eliminating wage differentials between men and women by 30 December 2010. The Committee further notes that the Act requires occupational sectors and enterprises to undertake negotiations every year to define and schedule measures to eliminate wage differentials between men and women. It also contains provisions aimed at reconciling professional and family life in order to tackle the structural difficulties that stand in the way of equality between men and women in employment and occupation. It also provides for a mid-term evaluation with close participation by the High Council on Occupational Gender Equality. The Committee welcomes this initiative and asks the Government to send information on the impact of the Equal Pay Act in reducing inequalities in the remuneration of men and women and to send a copy of the mid-term evaluation.

The Committee is raising other matters in a request addressed directly to the Government.

CMNT_TITLE

1. Remuneration gap. The Committee notes the Government’s acknowledgement that, despite a significant reduction in the wage gap between men and women from 1950 to 1995, recent progress on reducing this gap has been stagnant. In addition, it notes the Government’s statement that, since the adoption in 2001 of the law on occupational equality (No. 2001-397), the application of the principle of equal pay has not been effective. It notes from the statistics provided by the Government that in 2003 the differential between men’s and women’s wages in the private sector was 24.8 per cent while in the public sector the gap between male and female workers stood at 14.2 per cent (2002). Taking structural factors into account, the Government states that there still remains a wage gap of 5 per cent which cannot be accounted for.

2. Equal remuneration in the public sector. With respect to the wage gap in the public sector mentioned above, the Committee notes that this gap was especially pronounced among executives (18.1 per cent), although it was lower among trades people (13.6 per cent) and employees (6.5 per cent). The Committee asks the Government to provide information on any measures taken or envisaged to carry out objective job appraisals in the public sector to determine whether the work performed by men and women in different jobs is nonetheless of equal value. Please also indicate what other initiatives the Government is pursuing to promote the principle of equal remuneration for work of equal value in the public sector.

Article 2 of the Convention. Promoting the principle of equal remuneration

3. Article 2(2)(a). National laws or regulations. Further to the above, the Committee welcomes the Government’s high-level commitment to addressing the injustice perpetuated by the pay gap. In this regard, it notes with interest the draft legislation on equal remuneration between men and women (Senate No. 139, 12 July 2005). It notes that among its proposed modifications to the Labour Code, the new legislation sets a five-year target date (31 December 2010) for eliminating the remuneration gap (sections 3 and 4). It also notes that the Bill reinforces the current obligation of employers to conduct negotiations on occupational equality by introducing measures that would, for example, authorize the Labour Minister to intervene and trigger negotiations where these have not taken place (section 3), as well as make such negotiations a requirement before a collective agreement becomes enforceable (section 4). The Committee notes that the Bill further mandates the High Council for Occupational Equality to prepare a mid-term report evaluating the application of these new provisions. The Committee asks the Government to provide information in its next report on any developments with respect to this draft legislation and, should it be adopted into law, on the impact of its equal pay provisions towards eliminating the remaining wage gap between men and women. Please also include information about the ongoing work of the High Council, particularly with respect to its role in the implementation and evaluation of the foregoing equal pay amendments to the Labour Code.

4. Article 2(2)(c). Collective agreements. The Committee notes that, since 2004, branch-level collective agreements dealing specifically with occupational equality and incorporating the elements of the National Inter-Occupational Agreement have been negotiated in the electricity and gas industry along with the pharmaceutical industry. The Committee notes the Government’s statement, however, that negotiations with regard to occupational equality are less common at the enterprise level than at the industrial level. The Committee notes that, according to the IFOP survey identified in the Government’s report, 72 per cent of enterprises questioned indicated that they had never undertaken negotiations on occupational equality despite the obligation for certain employers to do so under section L132-27 of the Labour Code. The Committee asks the Government, therefore, to provide information on its efforts to ensure that all employers fulfil their obligations with regard to equality negotiations, particularly in light of sections 3 and 4 of the draft legislation noted above. Please also indicate any other current or planned initiatives to promote the principle of equal remuneration within the private sector.

5. Other measures. In addition to the measures above, the Committee notes the adoption in 2004 of a National Charter for Equality between Men and Women and the commitment on the part of the Government and social partners to take action on some 300 items to fulfil the Charter’s vision. Noting that 15 per cent of these actions were completed in 2004 and another 37 per cent are in progress, the Committee asks the Government to provide more details on those measures specific to promoting and ensuring equal remuneration and to provide information on their practical effect in eliminating the wage gap between men and women.

6. Article 4. Cooperation with workers’ and employers’ organizations. The Committee notes with interest the recently negotiated National Inter-Occupational Agreement of 1 March 2004 on diversity and professional equality between men and women (the "Agreement"). It notes that the Agreement reaffirms the commitment of the social partners to the effective application of the principle of equal pay for men and women for work of equal value (section 11). It also notes that the Agreement commits employers to undertake concrete action to improve pay equality between men and women by making the reduction of existing wage gaps a priority and by taking temporary progressive measures to assist women in closing this gap (section 13(1)). To attain this objective in the industrial sectors, the Committee notes that the Agreement anticipates the preparation of a sectoral analysis every five years to identify and remedy job evaluation criteria that are likely to lead to discrimination between men and women (section 13(2)). Noting that the Agreement contains no numerical targets or sanctions, but rather provides a framework for future negotiations within industrial sectors or enterprises, the Committee asks the Government to indicate how, in practice, the objectives of the Agreement with respect to equal pay are incorporated into subsequent collective agreements at the branch and enterprise levels. It also asks the Government to provide information on what practical measures employers are adopting in light of this Agreement and whether such measures are proving successful at further reducing the pay gap between men and women.

7. Part V of the report form. Statistics. The Committee recalls the Government’s statement from its previous report that it was proposing to develop indicators for measuring wage inequalities, as well as inequalities in men’s and women’s access to training and promotion. Noting that the Government’s current report contains no new information in this regard, the Committee again asks the Government to provide information on the progress made in developing indicators to measure wage, training and promotion inequalities between men and women. Please also continue to provide up-to-date statistics disaggregated by sex on the earnings of men and women in both the private and public sectors.

CMNT_TITLE

1. The Committee notes the Government’s report and the attached documentation. It notes that the Government’s report is confined to information on the measures taken or envisaged to improve equality between men and women workers in employment and occupation, which the Committee is examining under Convention No. 111. The Committee also notes the statement that the Women’s Rights and Equality Service (Service du droit des femmes et de l’égalité) has provided a report in response to its previous comments on the application of Convention No. 100. However, the Committee notes that this report has not been received by the Office and it hopes that the report will be provided in the near future.

2. The wage gap. The Committee notes from the information in the Government’s report that the principle of equal remuneration for men and women workers for work of equal value is still not fully applied and that the wage gap still persists between men and women. It notes the numerous initiatives undertaken to address the issue of unequal pay, particularly the statement that employers will be encouraged to examine and better understand the reasons for the persistent wage gap. It notes the Government’s statement that one major reason for unequal remuneration between men and women is the fact that women workers do not pursue a career in the same manner as men for a variety of reasons, including maternity, the unwillingness of women to be flexible in terms of mobility or to make themselves available to work overtime hours and the tendency of women to opt for part-time work and the stereotype female professions. It notes the Government’s statement that these issues should be taken into account when addressing the problem of unequal remuneration. The Committee also notes the Government’s statement that it is proposing to develop indicators to measure wage inequalities, as well as inequalities in men and women’s access to training and promotion. The Committee asks the Government to provide information with its next report on the manner in which the different approach of women to their careers does not result in an undervaluing of their work in comparison to the work of men. The Committee also asks the Government to continue providing information on the progress made in developing an indicator to measure wage inequalities and on the promotional measures adopted or envisaged to promote women’s access to training and promotion.

3. Article 2 of the Convention. Collective agreements. The Committee notes from the information in the Government’s report that several collective agreements now contain a definition of equal remuneration for work of equal value, but that this trend needs to be further developed at the branch level in order to implement fully the principle of the Convention. It welcomes these inclusions in the agreements and asks the Government to provide information with its next report on the manner in which the social partners address the issue of equal remuneration for men and women workers for work of equal value, particularly in negotiations at the branch level and the methodology that they apply to establish "work of equal value".

4. Public sector. The Committee notes the information provided by the Government concerning the principle of non-discrimination applicable to workers in the public sector. It asks the Government to provide information with its next report on any measures taken or envisaged to undertake objective job appraisals with a view to ascertaining whether the work carried out by men and women workers in different jobs is in effect of equal value, as well as information on the measures taken or envisaged to take into account the differences between men’s and women’s career structures.

5. Statistical information. The Committee asks the Government to provide with its next report statistical information, disaggregated by sex and by job categories, for both the public and private sectors, in order to enable the Committee to assess in full the application of the principle of equal remuneration for men and women workers for work of equal value.

CMNT_TITLE

The Committee notes with interest the Government’s report and the attached information.

1. The Committee notes the numerous initiatives that the Government is continuing to take to promote occupational equality between men and women and, in this respect, it refers to its comments under Convention No. 111. It would be grateful if the Government would provide detailed information in its next report on the impact of the various different measures adopted to improve the implementation in practice of the principle of equal remuneration for men and women for work of equal value.

2. The Committee notes that section 4 of Act No. 2001-1066 to Combat Discrimination of 16 November 2001 amends several sections of the Labour Code, including section L.136-2, under which employers are obliged to follow up each year the implementation of collective agreements on the principle of equal remuneration for work of equal value and to analyse the causes of inequalities. The Committee asks the Government to provide detailed information with its next report on the findings of these follow-up activities and analyses. In its earlier comments, the Committee asked the Government to draw the attention of the social partners to the fact that the wording "equal wages for equal work" in the collective agreements does not cover the whole scope of the principle of "equal remuneration for work of equal value", which is also set forth in section L.140-2 of the Labour Code. It is therefore bound to reiterate this request and ask the Government to provide information with its next report on the action taken in this respect.

3. The Committee notes the Government’s statement that, in accordance with the National Action Plan for Employment, 2000, the reduction of the wage gap between men and women workers is a priority goal for the Government and that one of the objectives is to develop a methodology for the analysis of the principle of "work of equal value". The Committee also notes that the Higher Council for Occupational Equality is pursuing its activities to promote occupational equality between men and women workers and that a new working group was set up in 2000 to develop an analytical model and to examine the concept of "equal remuneration for work of equal value". The Committee requests the Government to provide a copy of the conclusions of this working group with its next report and provide information on the methodology used comparing work of equal value.

4. The Committee further notes the copy of the study provided by the Government on the differences in professional careers as from the first job, which states that the wage gap between men and women workers is greater for the new generation than for the previous generation. It notes the explanation that this is caused by women workers tending to choose part-time work in order to combine work with their family responsibilities. In view of this finding, the Committee requests the Government to provide information with its next report on the impact of the measures adopted or envisaged to facilitate the reconciliation of work and family responsibilities, as referred to under Convention No. 156, on the remuneration levels of men and women.

5. The Committee notes the Government’s statement that an agreement was reached on 6 February 2002 between the Ministry of Equipment, Housing, National Education and Women’s Rights and the French Federation of Builders to carry out a study on the wage differences between men and women workers in the building sector. The Committee requests the Government to provide information with its next report on the results of this study and also to provide information on other measures taken or envisaged to reduce the wage gap between men and women workers in this sector.

6. While acknowledging the information provided by the Government in its report, the Committee is bound to point out that the report does not contain answers to earlier comments concerning the impact on equality issues of the various measures taken by the Government and the social partners to promote the principle of equal remuneration for men and women workers for work of equal value. The Committee therefore reiterates its request to the Government to provide with its next report a copy of the study undertaken by Mrs. Jacqueline Victor at the request of the Minister of Employment and Solidarity analysing the contribution of the 35-hour week to decreasing inequalities between men and women. The Committee also reiterates its earlier request for the Government to provide with its next report a copy of the guide "equal remuneration for women and men for negotiators" and of the study carried out by the Higher Council for Occupational Equality comparing the value of work and the appraisal of jobs with a view to wage equality between men and women. The Committee is also bound to reiterate its earlier request to the Government to provide information with its next report on the operation in practice of job evaluation and classification systems and their impact in terms of reducing or eliminating the wage gap between men and women workers in both the public and private sectors, and on the improvement of the classification of jobs by the National Institute of Statistics and Economic Studies (INSEE).

CMNT_TITLE

1. The Committee notes the numerous initiatives that the Government is continuing to take to promote equality between men and women, including the adoption of new legislation. The Committee notes with interest the amendments to the Labour Code adopted on 16 November 2001 by Act No. 2001-1066 to Combat Discrimination, and in particular section 6, amending section L.140-8 of the Labour Code, respecting the burden of proof in equal remuneration cases. The Committee notes that when a worker presents facts from which it may be presumed that discrimination has occurred, it shall be for the defendant to prove that there has been no breach of the principle of equal remuneration for men and women workers for work of equal value. The Committee also notes that new sections L.122-45 and L.122-45-2 of the Labour Code introduce the possibility for trade unions to submit equal remuneration complaints on behalf of alleged victims.

2. The Committee notes with interest the adoption on 9 May 2001 of Act No. 2001-397 on Occupational Equality between Men and Women, in particular, section 1 amending section L.432-3-1 of the Labour Code respecting the annual report which shall enable a comparison to be carried out of the general working conditions and training of men and women in an enterprise. It further notes that under the terms of Decree No. 2000-832 of 12 September 2000 the annual report shall include the following statistical information disaggregated by sex with respect to equal remuneration: the wage range; the average monthly wage; and the number of women workers in the ten highest wage grades. It also notes that the information contained in the report must include indicators permitting an analysis to be carried out of the situation with regard to equal remuneration for men and women workers for work of equal value and that it must show the progress achieved in redressing the wage gap. The Committee asks the Government to provide information on these reports and, if possible, copies and informationon the impact of these new measures on reducing the remuneration gap between men and women workers.

The Committee is raising other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes the Government’s detailed reports, and the attached documentation.

1.  The Committee notes with interest the numerous initiatives undertaken by the Government to promote occupational equality between men and women in France, and particularly the report by Mrs. B. Majnoni d’Intignano, of the Council of Economic Analysis, on the economic aspects of differences between the sexes, prepared at the Government’s request. It notes the causes of the persistence of wage differences between men and women, which were identified in the report as having their origin, on the one hand, in discrimination on the labour market which makes it difficult for women to gain access to "good" jobs, and, on the other hand, individual choices related to reconciling professional life with family life, where the distribution of domestic tasks remains very unequal. The report reveals the economic potential of increasing the occupational activity rate of women and proposes a series of measures intended to lighten the constraints upon women, as well as reflection at the European level on demography, occupational equality between women and men and the improvement of the quality of life. The Committee also awaits with interest completion of the mission of analysing the contribution of the 35-hour week to decreasing inequalities between men and women, which has been entrusted by the Minister of Employment and Solidarity to Mrs. Jacqueline Victor, and it asks the Government to provide it with a copy of the study with its next report.

2.  The Committee also notes with interest that the Higher Council of Occupational Equality is pursuing its activities to promote occupational equality, with two new working groups set up in 1998 and three groups established in 1999. It hopes that the Government will provide copies of the conclusions of these reports on working time arrangements, the access of women to further training and the impact on their careers, the follow-up to Mrs. Génisson’s report, the place of women in social dialogue and, finally, the combination of social and working time. The Committee also notes with interest that, at the request of the Higher Council of Occupational Equality, a guide has been prepared on "equal remuneration for women and men" for negotiators, as well as a study on "comparing the value of work and the evaluation of employment with a view to wage equality between men and women: feasibility study", and it would be very interested to be provided with copies. At the same time, the Committee repeats its request, which it made in its previous direct request, for information on the practical measures which have been taken or are envisaged to ensure: (a) the development and application of evaluation and job classification systems which reduce or eliminate the wage gap in the public and private sectors; and (b) the improvement of the nomenclature of jobs by the National Institute of Statistics and Economic Studies (INSEE).

3.  The Committee notes the annual assessments of collective bargaining for 1998 and 1999, which show a continued trend in 1999 for the suppression of specific measures for women which have the effect of preventing their access to certain jobs, and the concern of the social partners to improve the reconciliation of work and family life. The Committee notes with interest that the trend observed is to eliminate traditional benefits reserved for mothers, to make such benefits applicable to persons of both sexes or to establish new rights without distinction for fathers and mothers. However, the Committee notes that the expression "equal wages for equal work" used in the collective agreements referred to does not cover the whole scope of the principle set forth in the Convention. It asks the Government to draw the attention of the social partners to the broader concept of "work of equal value", which is also set forth in section L.140-2 of the Labour Code.

4.  The Committee notes with interest the adoption of Act No. 99-585 of 12 July 1999 establishing parliamentary delegations for women’s rights and equality of opportunity between men and women. The Committee notes that these parliamentary delegations are entrusted with monitoring the implications for women’s rights and equality of opportunity for men and women in parliamentary assemblies and it welcomes this measure taken by the Government, which consists of integrating equality of opportunity into all aspects of its economic and social policies. It asks the Government to keep it informed of the future activities of these delegations relevant to the application of the Convention.

5.  Finally, the Committee notes with interest the adoption at its first reading by the National Assembly on 7 March 2000 of the Bill respecting occupational equality between men and women, which establishes the specific obligation to negotiate at the enterprise level on issues of equality between men and women, subject to penal sanctions, as well as the "balanced representation" of men and women in selection bodies in the public service. The Committee asks the Government to keep it informed of the progress made and the final adoption of the Bill.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes with interest the information supplied by the Government in its report and the annexes attached to it, in particular regarding the improvement in the average wage gap between the sexes, which diminished from 27 per cent to 22.2 per cent in the period 1992 to 1996. It notes that, for all socio-occupational categories, the lowest remuneration is paid in the clothing, leather and footwear sector, while the highest is paid in the sectors of research and development, advice and assistance, inflammables and motor fuels, naval, aeronautic and railway construction, editing and printing trades, chemicals, finance and insurance. It also notes that the more feminized the socio-occupational category is, the lower is the wage differential between the sexes: thus, at the level of managers or qualified tradespeople where men predominate, men earn, respectively, 24 per cent and 21 per cent more than their female colleagues, whereas at the level of technician the gap is 10.8 per cent and especially at the level of employees -- the most feminized category, it is 6.8 per cent.

2. In this respect, the Committee recalls that the Council for Occupational Equality between Men and Women established a working group on the "comparative situation of men and women with regard to remuneration" which made a number of proposals to improve occupational equality -- in particular with regard to remuneration -- and that the Government had set about implementing certain of them. As regards progress achieved in this area, the Committee observes that, so as to improve the quality of information supplied by enterprises and the public administration, an information package for the public on equality in remuneration and in occupation has now been prepared (please send a further copy of this document, which was stated to be attached to the Government's report, but which was not received). It also notes that preparation is well under way for the "guide for negotiators", as it has been the subject of several seminars in which the social partners, among others, took part; they agreed on the list of issues for negotiation and, in principle, the guide should be finalized by the end of 1997. The Committee notes the Government's statement that the study on comparability of the value of work between two sectors which, a priori, appear to have few common characteristics, is listed for the research programme of 1998. It looks forward to receiving information on the guide and the study.

3. Noting that the working group had been particularly sensitive to transparency and the systematic re-examination of the methods used in occupational classification and evaluation of posts, a key element in the fight against wage discrimination, the Committee hopes that the Government's next report will supply information on the concrete measures taken or envisaged to monitor: (a) development of evaluation and job classification systems which reduce or eliminate the continuing gap between the average wage of men and that of women, both in the private sector and the public service; and (b) the widening of occupational terminology, in particular by the National Institute of Statistics and Economic Studies (INSEE) so that it is more precise when it comes to occupations which are highly feminized.

4. The Committee notes with interest that, on 30 December 1996, the Ministry of Labour addressed to regional and departmental prefects, regional and departmental labour directors and the labour inspection services, Circular No. 96/12 relating to the application of the principle of occupational equality between men and women in collective agreements, which recalls that the law lays down the principle that discriminatory clauses in such agreements are null and void and that the principle of equal opportunity permits the social partners to negotiate catch-up measures in favour of women alone so as to establish genuine equality of opportunity between men and women. It takes note of the annual report on collective bargaining for 1995 which shows that negotiation mainly paid attention to the elimination of discriminatory clauses and the reaffirmation of the general principle of occupational equality between men and women, including the specific area of equal remuneration. Noting however that the collective agreements mentioned contain clauses on the implementation of the principle "equal pay for equal work", the Committee wishes to recall that, under Article 1(b) of the Convention, equal remuneration goes beyond the simple reference to "same" or "similar" work. It therefore requests the Government to indicate the measures taken or envisaged to draw the attention of the social partners to the wider scope of the principle laid down in the Convention.

CMNT_TITLE

1. The Committee notes with interest the information supplied by the Government in its report and the annexes attached to it, in particular regarding the improvement in the average wage gap between the sexes, which diminished from 27 per cent to 22.2 per cent in the period 1992 to 1996. It notes that, for all socio-occupational categories, the lowest remuneration is paid in the clothing, leather and footwear sector, while the highest is paid in the sectors of research and development, advice and assistance, inflammables and motor fuels, naval, aeronautic and railway construction, editing and printing trades, chemicals, finance and insurance. It also notes that the more feminized the socio-occupational category is, the lower is the wage differential between the sexes: thus, at the level of managers or qualified tradespeople where men predominate, men earn, respectively, 24 per cent and 21 per cent more than their female colleagues, whereas at the level of technician the gap is 10.8 per cent and especially at the level of employees -- the most feminized category, it is 6.8 per cent.

2. In this respect, the Committee recalls that the Council for Occupational Equality between Men and Women established a working group on the "comparative situation of men and women with regard to remuneration" which made a number of proposals to improve occupational equality -- in particular with regard to remuneration -- and that the Government had set about implementing certain of them. As regards progress achieved in this area, the Committee observes that, so as to improve the quality of information supplied by enterprises and the public administration, an information package for the public on equality in remuneration and in occupation has now been prepared (please send a further copy of this document, which was stated to be attached to the Government's report, but which was not received). It also notes that preparation is well under way for the "guide for negotiators", as it has been the subject of several seminars in which the social partners, among others, took part; they agreed on the list of issues for negotiation and, in principle, the guide should be finalized by the end of 1997. The Committee notes the Government's statement that the study on comparability of the value of work between two sectors which, a priori, appear to have few common characteristics, is listed for the research programme of 1998. It looks forward to receiving information on the guide and the study.

3. Noting that the working group had been particularly sensitive to transparency and the systematic re-examination of the methods used in occupational classification and evaluation of posts, a key element in the fight against wage discrimination, the Committee hopes that the Government's next report will supply information on the concrete measures taken or envisaged to monitor: (a) development of evaluation and job classification systems which reduce or eliminate the continuing gap between the average wage of men and that of women, both in the private sector and the public service; and (b) the widening of occupational terminology, in particular by the National Institute of Statistics and Economic Studies (INSEE) so that it is more precise when it comes to occupations which are highly feminized.

4. The Committee notes with interest that, on 30 December 1996, the Ministry of Labour addressed to regional and departmental prefects, regional and departmental labour directors and the labour inspection services, Circular No. 96/12 relating to the application of the principle of occupational equality between men and women in collective agreements, which recalls that the law lays down the principle that discriminatory clauses in such agreements are null and void and that the principle of equal opportunity permits the social partners to negotiate catch-up measures in favour of women alone so as to establish genuine equality of opportunity between men and women. It takes note of the annual report on collective bargaining for 1995 which shows that negotiation mainly paid attention to the elimination of discriminatory clauses and the reaffirmation of the general principle of occupational equality between men and women, including the specific area of equal remuneration. Noting however that the collective agreements mentioned contain clauses on the implementation of the principle "equal pay for equal work", the Committee wishes to recall that, under Article 1(b) of the Convention, equal remuneration goes beyond the simple reference to "same" or "similar" work. It therefore requests the Government to indicate the measures taken or envisaged to draw the attention of the social partners to the wider scope of the principle laid down in the Convention.

CMNT_TITLE

1. The Committee notes the information supplied by the Government in its report and the attached documentation and, in particular, the final report (and its annexes) of January 1996 on the "comparative situation of men and women with regard to remuneration", prepared by a working group established by the Higher Council for Occupational Equality between Men and Women, one of the functions of which is to carry out studies and make proposals to improve occupational equality. The Committee notes with interest that the final report of the working group contains various proposals intended to reduce inequalities in remuneration between men and women, and particularly: the improvement of the quality of information, both in terms of the information provided by enterprises and public administrations and information intended for the public; the preparation of a guide for negotiators to draw their attention to the importance of equality between men and women; and the preparation of a study on the comparability of the value of work between two branches of activities that have few common characteristics.

2. The Committee notes with interest that the working group is particularly sensitive to the transparency and systematic review of methods of professional classification and the appraisal of functions, which take on central importance in combating wage discrimination, and that the working group attached great importance to this aspect and devoted a large part of its work to it. The Committee requests the Government to provide information in its next report on the measures that have been taken, or are envisaged, to implement the proposals of the working group, and the progress achieved, particularly with regard to the development of systems for the classification and appraisal of jobs that help reduce or eliminate gaps between the wage rates of men and women. In this respect, the Committee notes, according to the statistics provided by the National Institute of Statistics and Economic Studies (INSEE), that in 1992 the average wage of men was 27 per cent higher than that of women in the private and semi-public sectors, and that for specific skill levels the gap in average wages according to sex was smaller, at around 5 to 15 per cent, and that it was 18 per cent among skilled workers and managerial staff with stable contracts. In the public service, the wage differences between men and women were a little narrower in 1992, even though differences in wages persisted at the same grade level, caused in particular by discrimination in the payment of bonuses (family and post-related bonuses). The Committee would be interested in receiving more recent statistics and comments on developments in the situation in this respect.

3. The Committee notes the observations made by the French Democratic Confederation of Labour (CFDT) relating, in particular, to the causes of unequal wages, the improvement of knowledge and the coverage of situations of wage inequalities in all negotiations; improved coverage and recognition of family responsibilities for both men and women, although they are too frequently borne by women alone; and more rapid action to compare the jobs in which women are engaged with those of men. Noting that the CFDT's observations are along the same lines as the proposals contained in the working group's report, to the work of which the CFDT greatly contributed, the Committee refers the Government to its comments concerning the implementation of these proposals.

4. In reply to its previous comments concerning the inclusion in collective agreements of clauses of occupational equality in general, and equal remuneration in particular, the Committee notes that the annual report on collective bargaining for 1994 cites clauses in collective agreements relating to the principle of "equal wages for equal work". This is the case, for example, of the collective agreement covering commerce and audiovisual, electronic and household equipment services of 26 November 1992, of which an extract was attached to the report of the working group, which provides in clause 13(1) that "for an identical job, employment situation and qualifications, employers must not practise any discriminatory measure on grounds of sex or nationality". The Committee refers to paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on equal remuneration, in which it explains the spirit of the Convention goes beyond a mere reference to "identical or similar" work, and Article 2, paragraph 2(c), of the Convention, which obliges States that have ratified the Convention to ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value by means which include collective agreements. The Committee therefore hopes that in future all collective agreements will be brought into conformity with section L.140-2 of the Labour Code and Articles 1(b) and 2 of the Convention. It requests the Government to continue providing information on the annual report on collective bargaining as it relates to equal remuneration and to transmit an extract of the next annual report, since the extract of the annual report for 1994, although referred to as being attached to the report, has not been received by the ILO.

5. With regard to supervising the effect given in practice to the Convention, the Committee notes that in 1994 seven reports and 2,876 observations were made by the labour inspectorate relating to occupational equality in general between men and women, but that there are no statistics on the number of violations reported that are specifically related to equal remuneration. The Committee also notes the four rulings by the Court of Justice of the European Communities respecting equality of treatment between men and women in cases concerning Germany, Denmark and Great Britain. The Committee would be grateful if the Government would continue to supply statistics and other information on the measures taken by the labour inspectorate and any decisions by the courts which relate to the application of the Convention, and particularly the interpretation by the courts of the concept of equal value.

CMNT_TITLE

1. With reference to its previous direct request, the Committee notes the information contained in the Government's report to the effect that women's wages have been increased in the context of the implementation of occupational equality plans. It notes with particular interest the measures to correct and adjust wages taken in a number of enterprises which have signed an occupational equality plan. It asks the Government to continue to provide information on progress made in this area, and, if possible, recent statistics of developments in the differentials between men's and women's wages.

2. The Committee notes the extract from the annual report on collective bargaining for 1992. It notes that all agreements signed in 1992 include provisions on occupational equality in general, and that of the 18 new or updated agreements, 13 contain clauses on equal remuneration, which is an improvement compared to previous years except for 1990. It hopes that the Government will continue to report on developments in this respect.

3. It also notes with interest, with regard to Article 4 of the Convention, that certain collective agreements require an annual report on the comparative status of men and women, particularly with regard to wages, and the adoption of adjustment measures where inequalities are recorded. It asks the Government to provide information on the progress made in the preparation of reports by enterprises on the comparative status of men and women and the use of these reports by the social partners in the context of compulsory annual negotiations.

4. With reference to the Government's earlier information on its cooperation with employers' and workers' organizations particularly within the Higher Council for Occupational Equality for Men and Women created by section L.330.2 of the Labour Code, the Committee asks the Government to provide full information on the Council's activities for the promotion of equal remuneration.

CMNT_TITLE

1. The Committee notes the information supplied in the report of the Government concerning the evolution of the wage differential between men and women.

The Committee notes, in particular, that in 1990, the wages of women were on average 25 per cent lower than those of men in the private sector and about 17 per cent less in the public sector and that, according to the Government, the persistence of the wage gap could be explained largely by the fact that women and men continue to hold different jobs, and that they have different qualifications and responsibilities, mainly because women continue to bear the burden of family responsibilities. The Committee requests the Government to continue to provide statistical data showing any developments in this situation.

2. In its previous direct request, the Committee had noted that, despite the progress since 1983, a significant number of agreements adopted in recent years have not included a clause on equal remuneration, nor a clause on occupational equality more generally. The Committee hopes that the next report will contain information on further developments in this respect.

3. The Committee hopes that the next report will contain information on the activities of the Higher Council for Occupational Equality to promote the application of the principle of equal remuneration for work of equal value.

4. The Committee hopes that the next report will contain information concerning any judicial decisions on questions covered by the Convention.

CMNT_TITLE

The Committee notes with interest the Government's reports of January and November 1989.

1. The Committee notes the detailed information communicated on the work of the Higher Council for Occupational Equality aimed at promoting equality between men and women. It notes in particular, from the first two analyses of the results obtained under the Occupational Equality Act (No. 83-635 of 13 July 1983) that there has been a reduction in the difference between the salaries of men and women in private and semi-public undertakings (from 38 per cent in 1969 to 24 per cent in 1985). It also notes the reports of the working groups which the Council has established on different subjects, and the recommendations they have made for future action. The Committee hopes that the Government will continue to provide such information in its future reports, and in particular that it will indicate the progress achieved in implementing the principle of equal pay for work of equal value.

2. The Committee notes the information communicated in the report on the inclusion in collective agreements of the principle of occupational equality. It notes that there has been some progress in this respect since 1983; however, a significant number of the agreements adopted in recent years have not included a clause on equal remuneration, nor a clause on occupational equality more generally. The Committee hopes that the Government will continue to provide information in its future reports on further developments in this respect.

3. The Committee notes the conclusions of the working group responsible for determining how best to use the annual reports prepared in undertakings on the comparative situation of men and women. It notes that a significant proportion of these reports do not include all the required information, making it difficult to assess the situation on a global basis. Please indicate in the next report what measures have been taken as a result of these recommendations, any measures taken to make these reports more comprehensive, and whether any improvement in their quality has been noted.

4. The Committee notes the information supplied with the report on the positive measures adopted as a result of negotiations betweens employers and workers for the adoption of plans to promote occupational equality for men and women. Please continue to provide such information with future reports.

5. The Committee notes the information in the report concerning procedures and the burden of proof in disputes involving the principle of equal remuneration. It requests the Government to keep it informed of any decisions which may be taken by courts in this regard.