The law for real equality between women and men of August 4, 2014, aims to better ensure this equality within the company and the reconciliation between private and professional life.
The main contributions of the law are:
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enhanced protection against harassment
The employer who becomes aware of facts of sexual harassment in the company must take the necessary measures to put an end to it and sanction it (arts. 40, 41 and 42).
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the simplification of the negotiation in terms of professional and wage equality and the sanction applicable in the event of non-compliance by the employer
At company level, the question of equality between women and men was the subject of two annual negotiations: one on professional equality (article L. 2242-5 of the labor code) and the another on equal pay and the elimination of pay gaps.
The law of August 4, 2014 provides for a single annual negotiation on the " objectives of professional and wage equality between women and men in the company, as well as on the measures to achieve them ".
Two new negotiation topics are introduced: career development and job diversity.
In the event of non-compliance with the annual negotiation obligation, employers may be prohibited from access to public procurement.
This penalty will apply to public procurement contracts entered into as of December 1 , 2014.
It should be noted that this penalty will also apply to employers convicted of discrimination (art. 16).
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new leave of absences for employees
Employees concluding a PACS as from August 6, 2014 will have the legal right to 4 paid days off as for a wedding (art. 21)
The spouse of a pregnant woman will benefit from three authorizations of absence during the pregnancy, paid ( art.11).
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modification of family benefits
As of October 1 , 2014, the free choice of activity supplement, paid to employees on parental leave, is now called “shared child-raising benefit”.
The duration of payment of this benefit is extended if the leave is shared between the two parents (art 8).
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protection of young fathers for four weeks against dismissal
Article 9 provides that for 4 weeks following the birth of his child, the young father can only be dismissed if he commits serious misconduct or if it is impossible to maintain his employment contract.
The protection of the pregnant woman extends to the young father.
The dismissal of a young father for a reason other than those provided for could give rise to reinstatement or compensation, in terms of labor law.
On the criminal level, article R 1227-5 concerning "pregnancy" and "maternity" being strictly applied, the sanctions provided for cannot, to date, apply in the event of non-compliance with the rules. in the presence of a male employee.
