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Act No. 2006-340 Of 23 March 2006 On Equal Pay Between Women And Men

Original Language Title: LOI n° 2006-340 du 23 mars 2006 relative à l'égalité salariale entre les femmes et les hommes

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Summary

Amendment of the Labour Code, the General Tax Code, the Social Security Code and the Code of Education. Title I: Deletion of pay gaps. Title II: Articulation between work and life Title III: Women's access to legislative and judicial bodies Title IV: Access to vocational training and apprentices.Title V:

Keywords

SOCIAL COHESION , JOB CODE , CGI , CSS , EDUCATION CODE , EGALITE BETWEEN WOMEN AND MEN , PAY EQUITY , REMUNERATION , MAN , WOMAN , DELETING , REMUNERATION ECART , NEGOTIATING , BUSINESS BRANCH , ENTERPRISE , WOMEN'S RIGHTS , MARKUP , TRAINING ALLOWANCE , EXTRA CHARGE , CHILD CARE , TEMPORARY REPLACEMENT , PROMOTION , ACCES , DELIBERATIVE INSTANCE , JUDICIAL INSTANCE , FUNDING , TRAINING , LEARNING , RECRUITING , PARENTAL EDUCATION FOR EDUCATION , BILL OF LAW

Legislative Folders




JORF No. 71 of 24 March 2006 Page 4440
Text N ° 2



ACT No. 2006-340 of 23 March 2006 on equal pay for women and men (1)

NOR: MCPX0500038L ELI: https://www.legifrance.gouv.fr/eli/loi/2006/3/23/MCPX0500038L/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/loi/2006/3/23/2006-340/jo/texte


The National Assembly and the Senate adopted,
Given the decision of the Constitutional Council No. 2006-533 DC of 16 March 2006 ;
The President of the Republic enacts the following:

  • TITLE I: SUPPRESSION OF PAY CARTS Item 1


    Section L. 122-26 of the Labour Code is completed By two paragraphs thus written:
    " In the absence of a collective agreement of a branch or undertaking determining the guarantees of changes in the remuneration of employees at least as favourable as those mentioned in this paragraph during the Leave provided for in this Article and following such leave, such remuneration, within the meaning of Article L. 140-2, shall be increased as a result of such leave, general increases as well as the average of the individual increases collected during the period of leave. Duration of such leave by employees in the same occupational category or, failing that, the average of the individual increases in the enterprise.
    " The rule set out in the preceding paragraph shall not apply to collective agreements Branch or company concluded prior to the entry into force of Act No. 2006-340 of 23 March 2006 on equal pay for women and men. "

    Article 2


    In the first paragraph of Article L. 122-45 of the Labour Code, after the words:" In particular in relation to Remuneration, "shall be inserted the words:" Within the meaning of Article L. 140-2, measures of interest or distribution of shares, " And, after the words: " Of his family situation ' shall be inserted the words: ' Or pregnancy ".

    Item 3


    I. -After Article L. 132-12-2 of the Labour Code, Article L. 132-12-3 is inserted as follows: '
    ' Art. L. 132-12-3. -The negotiation provided for in the first subparagraph of Article L. 132-12 is also intended to define and schedule measures to eliminate pay gaps between women and men before 31 December 2010. For this purpose, a diagnosis of the possible differences in remuneration, within the meaning of Article L. 140-2, between women and men shall be established on the basis of the report provided for in the sixth subparagraph of Article L. 132-12.
    " Failing of initiative of party Of employers within one year of the promulgation of Act No. 2006-340 of 23 March 2006 on equal pay for men and women, the negotiation shall be undertaken within 15 days following the request of a representative organisation for the purposes of Of Article L. 132-2.
    " The agreement concluded following the negotiation provided for in the first paragraph of this Article shall be deposited with the competent administrative authority under the conditions laid down in Article L. 132-10. In the absence of the deposit of an agreement or the transmission of a report of disagreement with that authority, containing the proposals of the parties in their last statement, the Joint Committee referred to in Article L. 133-1 shall be convened at the initiative of the Minister responsible for labour for the purpose of undertaking or continuing the negotiation provided for in the first paragraph of this Article
    A joint committee is meeting under the same conditions if the negotiation has not been taken seriously and loyally. The serious and fair involvement of the negotiations implies that the employers' organisations have provided the trade unions with the information necessary to enable them to negotiate in full knowledge of the facts and have responded in a reasoned manner to the Potential union organizations proposals.
    " In the annual review provided for in Article L. 136-2, the National Commission for Collective Bargaining shall take stock of the application of these measures. "
    II. -After 9 ° of Article L. 133-5 of the same Code, it shall be inserted a 9 ° so worded as
    : The elimination of pay differentials between women and men provided for in Article L. 132-12-3; ".
    III. -The provisions of 9 ° bis of the same Article L. 133-5 shall enter into force from one year after the enactment of this
    . -In the fifth paragraph of Article L. 132-12 of the Code, after the words: Working conditions and employment ' shall be inserted in the words' And in particular part-time employees ".

    Article 4


    Article L. 132-27 of the Labour Code is supplemented by a written paragraph:
    " In undertakings without trade union representatives, in those who do not Are not subject to the obligation to negotiate pursuant to Article L. 132-26 and to those not covered by an agreement or an extended branch agreement on equal pay between women and men, the employer shall be obliged to To take account of the objectives of professional equality between women and men in the undertaking and the measures to achieve them. "

    Item 5


    I. -After Article L. 132-27-1 of the Labour Code, Article L. 132-27-2 reads as follows: '
    ' Art. L. 132-27-2. -The actual wage negotiations which the employer is required to undertake each year, in accordance with the first paragraph of Article L. 132-27, are also intended to define and schedule measures to eliminate pay differentials Between women and men by 31 December 2010. For this purpose, a diagnosis of the possible differences in remuneration, within the meaning of Article L. 140-2, between women and men shall be established on the basis of the elements contained in the report provided for in the first subparagraph of Article L. 432-3-1.
    " Failing Initiative of the employers' party within one year of the promulgation of Act No. 2006-340 of 23 March 2006 on equal pay for women and men, the negotiations shall be binding within 15 days of the request of one of the Trade unions of representative employees in the undertaking within the meaning of Articles L. 132-2 and L. 132-19.
    " Collective agreements on actual wages cannot be filed with the administrative authority In accordance with the conditions laid down in Article L. 132-10, accompanied by a record of the opening of negotiations on pay differentials between women and men, recording the respective proposals of the parties. The minutes attest that the employer has seriously and loyally engaged the negotiations. The serious and fair involvement of the negotiations implies that the employer has called for the negotiation of the representative trade union organisations in the undertaking and laid down the place and timetable for the meetings. The employer must also have provided them with the information necessary to enable them to negotiate with full knowledge of the facts and to have responded in a reasoned manner to the possible proposals of the trade unions. "
    II. -After the first sentence of the sixth paragraph of Article L. 132-27 of the Code, a sentence so worded is inserted:
    " These negotiations include the conditions for access to employment, vocational training and promotion Working conditions and employment, in particular those of part-time employees, and the connection between working life and family responsibilities. "
    III. -The Conseil supérieur de l' égalité professionnelle entre les femmes et les hommes (Conseil supérieur de l' égalité professionnelle entre les femmes et les hommes) drew up a mid-term review of the application of articles L. 132-12-3 and L. 132-27-2 of the code on the basis of a list of methodological tools. Job. This evaluation report is submitted to Parliament.
    On the basis of the balance sheet on this occasion, the Government may submit to Parliament, if necessary, a bill establishing a salary-based contribution and applicable to the Undertakings which do not fulfil the obligation to enter into negotiations under Article L. 132-27-2 of the Labour Code.

    Article 6


    After the first paragraph of Article L. 311-10 of the Labour Code, a paragraph is inserted as follows:
    " The houses of employment and, for the French settled outside France, the competent consular committees lead to the Private and public employers operating within their remit to raise awareness and information on professional equality and to reduce the pay gap between women and men.

  • TITLE II: REVERSAL OF PROFESSIONAL ACTIVITIES AND PERSONAL AND FAMILY LIFE Article 7


    In the second sentence of the first paragraph of Article L. 432-3-1 of the Labour Code, the words: And effective remuneration " Are replaced by the words: " , effective remuneration and articulation between professional activity and The exercise of family responsibility ".

    Article 8


    I. -The title of Section 2 of Chapter II of Title II of Book III of The work code reads as follows: " Aid for the adaptation of employees to changes in employment and the articulation of employment and personal and family life
    . -In the first sentence of the last paragraph of Article L. 322-7 of the Code, after the words: To ensure the adaptation of employees to the development of their jobs ", are inserted the words: Or actions promoting professional equality between Women and men, in particular through measures to improve the relationship between professional activity and personal and family life, ".

    Article 9


    [Provisions declared unconstitutional by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 10


    After article L. 122-25-2 of the Labour Code, it is inserted an article L. 122-25-2-1 as follows:
    " Art. L. 122-25-2-1. -In undertakings with fewer than fifty employees, the State provides employers with lump-sum assistance for each person recruited or made available to them by temporary work undertakings or groups of employers defined in the Chapter VII of Title II of the Book I to replace one or more employees on maternity or adoption leave. "

    Article 11


    The III of Article L. 932-1 of the Labour Code is supplemented by a paragraph worded as follows:
    When an agreement Under the provisions of this Regulation, an increase of at least 10 % of the training allowance is granted to the employee who incurs additional child care expenses in order to take training outside his working time. For the purposes of the social security legislation, this increase does not have the character of remuneration within the meaning of the second paragraph of Article L. 140-2 of this Code, of Article L. 741-10 of the Rural Code and of Article L. 242-1 of the Code of Social security. "

    Item 12


    I. -The I of Article 244 quater F of the General Tax Code is thus amended:
    1 ° c and d become Respectively d and e;
    2 ° c is thus reinstated:
    " (c) Training expenses incurred by the company in favour of new employees recruited as a result of resignation or dismissal during parental leave Referred to in Article L. 122-28-1 of the Labour Code, where such training commences within three months of employment and within six months after the date of such leave; ".
    II. -The provisions of the c of Article 244 quater F of the same Code shall apply to formations beginning from the publication of this Law.

    Article 13


    I. -Article L. 123-1 of the Labour Code is thus amended:
    1 ° In the b, the words: Or family status " Are replaced by the words: " , family status or pregnancy " ;
    2 ° A The end of the same b, the words: " Or family status " Are replaced by the words: " , family status or pregnancy " ;
    3 ° In c, after the words: " Taking into consideration sex ", are inserted the words:" Or of the Pregnancy " ;
    4 ° At the end of the first sentence of the penultimate subparagraph, the words: " Or family status " Are replaced by the words: " , family status or pregnancy ".
    II. -In the first paragraph of Article 225-1 of the Penal Code, after the words: Their family status, "shall be inserted the words:" Of pregnancy, ".

    Article 14


    [Provisions declared unconstitutional by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 15


    I. -The Social Security Code is thus amended:
    1 ° The penultimate subparagraph of Articles L. 613-19 and L. 722-8 reads as follows:
    " An order determines the terms and conditions Application of this Article and in particular the amount of the allocation provided for in the first subparagraph, the amounts and the duration of the allocation of the daily allowance provided for in the second subparagraph, in particular when the childbirth takes place more than six weeks Prior to the originally scheduled date and requires the child's postnatal hospitalization. " ;
    2 ° The last paragraph of Article L. 613-19-1 and the penultimate subparagraph of Article L. 722-8-1 read as follows:
    " An order shall determine the terms and conditions of application of this Article, in particular the amount of the allowance provided for in the The second subparagraph, the amounts and the duration of the daily allowance provided for in the third subparagraph, in particular where the delivery takes place more than six weeks before the date originally scheduled and requires the post-natal hospitalization of The child. " ;
    3 ° The last paragraph of Article L. 331-3 reads as follows:
    " When the birth occurs more than six weeks before the date originally scheduled and requires the child's postnatal hospitalization, the period during which the mother The daily rest allowance shall be increased by the number of ordinary days on the effective date of delivery at the beginning of the rest period referred to in the preceding paragraphs and in Article L. 331-4. " ;
    4 ° After the first subparagraph of Article L. 331-5, it is inserted a paragraph so worded:
    " However, where the insured benefits from the additional period referred to in the last paragraph of Article L. 331-3, the possibility of postponement In the preceding paragraph may be opened only after the end of that period. "
    II. -After the words: The end of the fourth paragraph of Article L. 122-26 of the Labour Code reads as follows: ' The effective date of delivery at the beginning of the periods referred to in the first subparagraph. "
    III. -Article L. 732-12 of the Rural Code is thus amended:
    1 ° The first sentence is supplemented by the words: , in particular when the delivery takes place more than six weeks before the date originally scheduled and requires the postnatal hospitalization of The child " ;
    2 ° The last sentence is deleted.
    IV. -The provisions of this Article shall apply to deliveries from 1 January 2006 more than six weeks before the expected date and requiring the postnatal hospitalization of the child.

    Article 16


    In the first paragraph of Article L. 122-30 of the Labour Code, the reference:" L. 122-28-7 " Is replaced by the reference: " L. 122-28-10 ".

    Article 17


    Article L. 223-1 of the Labour Code is supplemented by a paragraph worded as follows:
    " Employees returning from leave of absence Maternity or adoption referred to in Article L. 122-26 shall be entitled to their annual leave with pay, irrespective of the period of leave with pay, whether by collective agreement or by the employer, for the employees of the undertaking. "

    Article 18


    [Provisions declared not in conformity with the Constitution by the decision of the Constitutional Council No. 2006-533 16 March 2006.]

    Article 19


    The last sentence of the third subparagraph of Article L. 620-10 of the Labour Code is supplemented by the Words: " , in particular as a result of leave taken pursuant to Articles L. 122-26 or L. 122-28-1.

    Article 20


    I. -The second Section L. 122-28-6 of the Labour Code is deleted.
    II. -Article L. 933-1 of the Code is supplemented by a paragraph worded as follows: '
    ' For the calculation of the rights under the individual right to training, the period of absence of the employee for maternity, adoption and parental leave Or for parental leave of education is fully taken into account.

  • TITLE III: ACCESS OF WOMEN TO DELLIBERAL AND JURISDICTIONAL PROCEEDINGS Article 21


    [Provisions declared non-compliant with the Constitution by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 22


    [Terms declared unconstitutional by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 23


    [Provisions declared unconstitutional by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 24


    [Provisions declared unconstitutional by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

    Article 25


    [Provisions declared unconstitutional by Constitutional Council Decision No. 2006-533 DC of 16 March 2006.]

    Article 26


    [Provisions declared non-constitutionally compliant by Constitutional Council Decision 2006-533 DC of 16 March 2006.]

  • TITLE IV: ACCESS TO VOCATIONAL TRAINING AND LEARNING Article 27


    I. -The first Sentence of the third paragraph of Article L. 214-12 of the Education Code is supplemented by the following words: By promoting balanced access by women and men to the different training channels
    . -Article L. 214-13 of the same code is thus amended:
    1 ° The second sentence of the first subparagraph of the I is supplemented by the following words: By promoting the balanced access of women and men to each of these training channels " ;
    2 ° The first sentence of the first paragraph of II shall be supplemented by the following words: And ensure a balanced representation of women and men in these vocational training courses " ;
    3 ° After the first paragraph of the V, a Paragraph thus written:
    " These contracts determine in particular the objectives which contribute to the promotion of a balanced representation of women and men in the trades to which the various vocational training paths prepare Initial and continuous. "

    Article 28


    In the second sentence of the first paragraph of Article L. 311-1 of the Labour Code, after the words:" Loaded with The words'employment' shall be inserted: ' And professional equality ".

    Article 29


    Article L. 900-5 of the Labour Code is Completed by a paragraph so worded:
    " Personnel who are involved in lifelong vocational training shall be trained in the rules referred to in the preceding paragraphs and shall contribute to the promotion of equality in the course of their activity Work between women and men.

  • TITLE V: MISCELLANEOUS Article 30


    Decision of the Constitutional Council 2006-533 DC of 16 March 2006.]

    Article 31


    [Provisions declared non-compliant with Constitution by decision of Constitutional Council No. 2006-533 DC of 16 March 2006.]
    This Law shall be executed as the law of the State


Done at Paris, March 23, 2006.


Jacques Chirac


By the President of the Republic:


The Prime Minister,

Dominique de Villepin

The Minister of Employment,

Social Cohesion and Housing,

Jean-Louis Borloo

Seals, Minister of Justice,

Pascal Clément

The Minister of Health And solidarities,

Xavier Bertrand

The Minister of Public Service,

Christian Jacob

Minister of Culture

and Communication,

Renaud Donnedieu de Vabres

The Minister Delegated to employment, to work

and to integrate young people,

Gérard Larcher

Associate Minister for Social Cohesion

and parity,

Catherine Vautrin

The Minister delegated to the Social security,

for seniors,

for people with disabilities

and family,

Philippe Bas


(1) Act No. 2006-340.

-Preparatory work:

National Assembly:

Bill No. 2214;

Report by Mr Edouard Courtial, on behalf of the Committee on Business Cultural, point 2282;

Information report by Mrs Marie-Jo Zimmermann, on behalf of the delegation to women's rights, point 2243;

Discussion on 10 and 11 May 2005 and adoption on 11 May 2005.

Senate:

Draft law, Adopted by the National Assembly, No. 343 (2004-2005);

Report by Mrs Esther Sittler, on behalf of the Committee on Social Affairs, No. 435 (2004-2005);

Information report by Mrs Gisèle Gautier, on behalf of the delegation of rights 429 (2004-2005);

Discussion and adoption on 12 July 2005.

National Assembly:

Bill No. 2470;

Report by Edouard Courtial, on behalf of the Committee on Cultural Affairs, No. 2728 ;

Discussion and adoption on 12 December 2005.

Senate:

Bill, adopted with modifications by the National Assembly at second reading, No. 124 (2005-2006);

Report by Mrs Esther Sittler, on behalf of the Committee on Social Affairs, No. 145 (2005-2006);

Discussion on 18 and 19 January 2006 and adoption on 19 January 2006.

Senate:

Report by Mrs Esther Sittler, on behalf of the Joint Joint Committee, No. 170 (2005-2006) ;

Discussion and adoption on 9 February 2006.

National Assembly:

Bill, as amended by the Senate at second reading, No. 2806;

Report by Mr Edouard Courtial, on behalf of the Joint Joint Committee, No. 2807 ;

Discussion and adoption on 23 February 2006.

-Constitutional Council:

Decision No. 2006-533 DC of 16 March 2006 published in the Official Journal of the day.


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