Pay transparency: "a completely new context" for gender equality

The draft law transposing this directive is due to be presented to social partners at the end of January, according to union sources.

For sociologist Jean-François Amadieu, this transposition will contribute to creating "a completely new context" for equal pay between men and women.

Question: Will this transposition represent a paradigm shift in France, compared to the Pénicaud index, which already measures gender equality in companies?

Reply : One of the directive's requirements is a dissuasive and proportionate sanctions regime. France falls far short. If you look at the index (Pénicaud), the sanctions of up to 1% of the total payroll, as stipulated, have never been applied. We'll see what is ultimately decided, because the directive didn't specify an amount.

The second fundamental difference is that the findings and justifications that the company will be required to provide regarding pay gaps will serve to support the claims made by employees. There must be a link to redress for the harm suffered, whereas in the gender equality index, there is no such link. (...) The directive goes far, but we must see in practice how judges in France will assess redress.

In April 2025, France—again, after much delay—finally transposed another directive concerning class actions. Now, on all matters relating to the Labor Code, including wage discrimination, unions can initiate legal action on behalf of a group of employees much more easily than before.

The combination of the transparency directive and the class action directive creates a completely new context. For decades, pay inequalities existed, but they had little impact, and the gender equality index did nothing to change this situation. Now, things could change.

Q: Is there a risk of problems in having to compare salaries for work of equal value?

A: In France, we are well aware that we are not in compliance with the directive. In the job classification systems (in collective bargaining agreements, editor's note), we do not sufficiently value the jobs held by women, and we fail to adequately account for their efforts and working conditions. (...) The directive will lead us to examine the job classification systems in almost all sectors, which are not in accordance with its requirements.

It's understandable that employers are a bit panicked because revising pay scales will be expensive. The directive risks finally moving forward what has been completely stalled for years. The concept of equal pay for work of equal value hasn't progressed in 30 years.

In the cleaning and sanitation sectors, working conditions and aspects of hardship are integrated, mostly in the form of bonuses, but all the major collective agreements in France completely ignore these issues.

Q: Companies will also have to indicate a starting salary (or a range) in job offers; is this a major change?

A: Starting salaries often vary from person to person. When you look at salary differences between employees in companies, one of the variables that helps explain why someone earns more than someone else 10, 20, or 30 years later is often their starting salary.

Of course, one could say that some people negotiated better salaries or that they had hidden qualities beyond their degree, etc. In reality, some were able to obtain more, and it's impossible to explain why. It's a bit like later on, when you're in your job and, often, the employer is unable to explain why they gave more to one person than another.