REAL EQUALITY BETWEEN WOMEN AND MEN
Law n° 2014-873 of August 4, 2014 for real equality between women and men:
The law was published on August 5, 2014, its provisions have therefore been applicable since August 6, 2014. The law modifies a certain number of provisions of the labor code and introduces new ones.
1) Collective bargaining
It is up to professional organizations to fight against pay gaps (Art. L.2241-7 of the Labor Code). Professional and salary equality between men and women becomes a subject of annual negotiations. The law provides that the employer engages each year in a negotiation on the objectives of professional and salary equality between women and men in the company, as well as on the measures allowing to achieve them. This negotiation relates in particular to the conditions of access to employment, vocational training and professional promotion, career development, working and employment conditions and, in particular, those of part-time employees. , on the balance between professional life and personal life and on the diversity of jobs (Art. L.2242-5 of the labor code). In the absence of the employer's initiative, negotiations begin within fifteen days following the request of one of the representative employee trade unions in the company (Art. L. 2242-7 of the Labor Code).
2) Social benefits
The free choice of activity supplement to the childcare benefit (PAJE) becomes the shared child education benefit. The law provides, among other things, that when the two members of the couple are both entitled to the benefit, jointly assume responsibility for the child for whom the shared child-rearing benefit is paid and that each of them asserts, simultaneously or successively, his right to the benefit, the total duration of payment may be extended until the child reaches an age limit set by decree (Art. L.531-4 of the Social Security Code ).
3) Maternity and paternity
The law aims to harmonize the rights of employees relating to pregnancy and the birth of a child. The salaried spouse of the pregnant woman or the salaried person linked to her by a civil solidarity pact or living in a marital relationship with her also benefits from a leave of absence to go to a maximum of three of these compulsory medical examinations (Art. L .1225-16 paragraph 1 of the labor code).
a) The contract of employment of an employee may no longer be terminated during the four weeks following the birth of his child except in the event of serious misconduct or in the event of " impossibility of maintaining the contract for a reason unrelated to the arrival of the child ” (Art. L. 1225-4-1 of the labor code).
b) Several provisions aim to compensate for the disadvantage that may result from taking parental leave. Article 14 of the law authorizes, on an experimental basis, the payment to the parents of two children who cease their professional activity of the increased amount of the shared education benefit for the child, in order to facilitate their return to work.
4) PACS
Employees now benefit from a four-day leave for the conclusion of a civil solidarity pact (Art. L.3142-1 of the Labor Code).
5) Harassment
Regarding sexual harassment, the employer is no longer only required to prevent such acts, it is also up to him to put an end to them and to punish them (Art. L. 1153-5 of the Labor Code) .
6) Miscellaneous provisions
The reference to the “good father” is deleted in several civil articles and replaced by the expression reasonably.
