Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

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.