In a few days, on March 1, companies with at least 50 employees will again have to publish their score on the professional equality index, but the Rixain law of December 24, 2021 imposes new obligations.
This year, companies will have to make public not only their overall score, but also the score obtained for each of the four to five indicators that make up the index: the gender pay gap, the gap in the distribution of individual increases, the gap in the distribution of promotions (only in companies with more than 250 employees), the number of employees increased on their return from maternity leave and parity among the ten highest salaries.
If the results are insufficient, the company must communicate internally and externally on the corrective measures it intends to implement and its progress objectives. However, the decree concerning this last measure has not yet been published. “Otherwise, the law does not seem precise enough to be applied, believes Amélie Gianino, jurist at Editions Tissot. But the ministry of labor website gives a number of details on how to publish indicators that could also be used. »
Note the differences between women and men in senior management
In addition, companies employing at least 1,000 employees must, for the third consecutive year, publish from 1 March any differences in representation between women and men among senior executives and among members of governing bodies (executive committees , executive committees, etc.). This provision applies to companies regardless of their corporate form (SAS, SARL, etc.).
Regarding the form of this publication, “The law does not provide more detailsemphasizes Amélie Gianino. The most relevant seems to be to indicate the number of leaders of each gender and the associated percentage, distinguishing between senior executives and members of governing bodies”.
The Ministry of Labor also provided some details in its ” questions answers on the calculation of the indicator concerning women whether or not they receive a salary increase when they return from maternity leave. The most important: “Only increases occurring during maternity leave are taken into account, not those occurring during parental leave”.
Bonuses and return from maternity leave
“This is not a factor taken into account, because parental leave is open to both men and women”, analyzes Amélie Gianino. Even if there remains widely used by womena reform in 2015 divided its duration – from one to three years – over both parents.
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