REAL EQUALITY BETWEEN WOMEN AND MEN
Law No. 2014-873 of August 4, 2014 for real equality between women and men:
The law was published on August 5, 2014, its provisions are therefore applicable since August 6, 2014. The law amends a number of provisions of the labor code and introduces new ones.
1) Collective Bargaining.
It is the responsibility of professional organizations to combat pay gaps (Article L.2241-7 of the French Labor Code). Professional and salary equality between men and women is now a subject of annual negotiation. The law stipulates that employers must initiate negotiations each year on the objectives of professional and salary equality between women and men within the company, as well as on the measures to achieve them. These negotiations cover, in particular, conditions of access to employment, vocational training and career advancement, career progression, working and employment conditions, and especially those of part-time employees, the balance between professional and personal life, and gender diversity in employment (Article L.2242-5 of the French Labor Code). If the employer fails to initiate negotiations, they must begin within fifteen days of a request from one of the representative employee trade unions within the company (Article L.2242-7 of the French Labor Code).
2) Social Benefits
The free choice of activity supplement of the early childhood care allowance (PAJE) becomes the shared child-rearing allowance. The law stipulates, among other things, that when both members of the couple are entitled to the allowance, jointly assume responsibility for the child for whom the shared child-rearing allowance is paid, and each of them claims their right to the allowance, simultaneously or successively, the total duration of payment may be extended until the child reaches a maximum age set by decree (Art. L.531-4 of the Social Security Code).
3) Maternity and Paternity
The law aims to harmonize employee rights relating to pregnancy and childbirth. The employed spouse of a pregnant woman, or an employed person linked to her by a civil solidarity pact or living with her as a couple, is also entitled to leave to attend up to three of these mandatory medical examinations (Art. L.1225-16 para. 1 of the labor code ).
a) An employee's employment contract may no longer be terminated during the four weeks following the birth of their 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 parents of two children who cease their professional activity of an increased amount of the shared child-rearing allowance, in order to facilitate their return to work.
4) PACS
Employees now benefit from four days of leave for entering into 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 his responsibility to put an end to them and to punish them (Art. L. 1153-5 of the labor code).
6) Miscellaneous provisions
The reference to "good family man" is removed in several articles of the civil code and replaced by the expression "reasonably".
