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
An employer who becomes aware of acts of sexual harassment in the company must take the necessary measures to put an end to them and to sanction them (art. 40, 41 and 42).
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the simplification of negotiations regarding professional and salary equality and the applicable penalty in the event of non-compliance by the employer
At the company level, the issue 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 other 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 salary equality between women and men in the company, as well as on the measures to achieve them ".
Two new negotiation topics are introduced: career progression and gender diversity in employment.
Failure to comply with the annual negotiation requirement may result in employers being barred from bidding on public contracts.
This penalty will apply to public contracts concluded from 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 authorizations for employees
Employees entering into a civil partnership (PACS) from August 6, 2014 onwards will legally have a right to 4 days of paid leave as for a marriage (art.21)
. The partner of a pregnant woman will benefit from three paid leave authorizations during the pregnancy (art.11).
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changes to family benefits
As of October 1 , 2014, the supplement for free choice of activity, paid to employees on parental leave, is now called the "shared child-rearing benefit."
The duration of payment of this benefit is extended if the leave is shared between both parents (Art. 8).
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protection for young fathers against dismissal for four weeks
Article 9 stipulates that for four weeks following the birth of his child, a new father can only be dismissed if he commits serious misconduct or if maintaining his employment contract is impossible.
The protection afforded to pregnant women extends to new fathers.
Dismissal of a new father for reasons other than those specified could lead to reinstatement or compensation under labor law.
From a criminal law perspective, Article R 1227-5 concerning "pregnancy" and "maternity" is strictly applied; therefore, the penalties provided for cannot currently be applied in cases of non-compliance with the rules in the presence of a male employee.
