LexInter | April 25, 2002 | 0 Comments

MEN WOMEN’S EQUALITY OF REMUNERATION

LABOR CODE (Legislative Part)

LABOR CODE
(Legislative Part)
 

Preliminary chapter: Equal remuneration for men and women

Article L140-2

(Law n ° 83-635 of July 13, 1983 art. 5 Official Journal of July 14, 1983)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Every employer is bound to ensure, for the same work or for work of equal value, equal remuneration for men and women.

By remuneration, within the meaning of this chapter, is meant the ordinary basic or minimum wage or salary and all other benefits and accessories paid, directly or indirectly, in cash or in kind, by the employer to the worker by reason of the use of the latter.

Work which requires from employees a comparable set of professional knowledge recognized by a title, diploma or professional practice, capacities resulting from acquired experience, responsibilities and physical or nervous load are considered as having equal value.

Pay disparities between establishments of the same enterprise cannot, for the same work or for work of equal value, be based on whether the employees of these establishments belong to one or the other sex.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L140-3

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The various components of remuneration must be established according to identical standards for men and women.

The categories and criteria for professional classification and promotion as well as all the other bases for calculating remuneration, in particular the methods of job evaluation, must be common to workers of both sexes.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L140-4

(Law n ° 82-957 of November 13, 1982 art. 28 Official Journal of November 14, 1982)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Any provision appearing in particular in an employment contract, a collective labor agreement or agreement, a salary agreement, a regulation or salary scale resulting from a decision of an employer or a group of employers and which, contrary to the Articles L. 140-2 and L. 140-3, includes, for one or more workers of one of the two sexes, lower remuneration than that of workers of the other sex for the same work or work of equal value , is null and void.

The higher remuneration enjoyed by these latter workers is automatically substituted for that contained in the nullity provision.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

 

Article L140-5

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

The provisions of Articles L. 140-2 to L. 140-4 are applicable to relations between employers and employees not governed by the Labor Code and, in particular, to employees bound by a public law contract.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L140-6

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

Labor and manpower inspectors, social law inspectors in agriculture or, where applicable, other assimilated control officials are responsible, in the area of ​​their respective competences, for ensuring the application of the regulations. Articles L. 140-2 and L. 140-3 above; they are also responsible, together with the officers and agents of the judicial police, to note the infringements of these provisions.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

Article L140-7

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

In establishments employing female staff, the text of articles L. 140-2 to L. 140-6 and that of this article are posted in the workplaces as well as in the premises or at the door of the premises where the work is carried out. ‘hiring.

The same applies to the texts adopted for the application of the said articles.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 200

Article L140-8

(Law n ° 83-635 of July 13, 1983 art. 5 III Official Journal of July 14, 1983)
 

(Law n ° 83-635 of July 13, 1983 art. 5 II Official Journal of July 14, 1983)
 

(Law n ° 2001-1066 of November 16, 2001 art. 6 Official Journal of November 17, 2001)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

In the event of a dispute relating to the application of this chapter, the provisions of the fifth paragraph of Article L. 123-1 apply.

NOTE: Ordinance 2007-329 2007-03-12 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the new labor code and no later than March 1, 2008.

 

Article L140-9

(Law n ° 83-635 of July 13, 1983 art. 5 III Official Journal of July 14, 1983)
 

(Repealed by Ordinance 2007-329 of March 12, 2007 art. 12 I Official Journal of March 13, 2007 in force on March 1, 2008 at the latest)

A Council of State decree determines, as necessary, the terms of application of Articles L. 140-2 to L. 140-7.

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