by Paula Määttä

V. France

B. Scope of the concepts on equal pay

1. The definition of "pay"

The concept of pay has been given the widest possible interpretation. The Act of 1972 codified in the Labour Code defines the concept of pay as follows:

"for the purposes of this Chapter the expression "remuneration" means the ordinary basic or minimum wage or salary and all other benefits and additional allowances paid, directly or indirectly, in cash or in kind, by the employer to the worker on account of the latters employment."

The prohibition of discrimination therefore applies to allowances as well as to basic salary. Accordingly, the law has stipulated that performance bonuses should be awarded to female as well as male employees. For example, housing benefits, including free accommodation or a monthly accommodation allowance and a "regular attendance" bonus (prime dassiduité) constitute elements of remuneration which fall under the principle of equal remuneration. The laws and regulations do not expressly state whether the principle applies to social security benefits. (Pettiti 1993, 80.)

2. The definition of "equal work"

The Act of 1972 adopted the concept of "same work or work of equal value". Law No 83-635 of 1983 amended the Labour Code to enable work of equal value to be identified as follows:

"Work shall be deemed to be of equal value if it requires on the whole a comparable level of knowledge in the occupation in the form of a degree, a certificate or practice in the occupation, of ability acquired through experience, of responsibility and of physical or nervous stress."

However, a ministerial circular interpreting the provision only referred to professional knowledge as shown by qualifications and did not mention other demands (Commission of the European Communities 1993, 4). The departmental circula on the interpretation of the law specifies that equal value should be recognised in cases where, notwithstanding differences that might possibly be identified between two occupations being compared, the occupations, evaluated as a whole, entail comparable knowledge in the form of a degree, certificate or practice in the occupation. (Pettiti 1993, 81.)

3. Scope of the equal pay provisions

The Act of 1983 and Article L 140 of the Labour Code cover employees in the public sector and employees of private companies and public corporations. Article L 140 of the Labour Code applies to all employees bound by a written or oral contract of employment. Apprentices and trainee employees under employment training contracts are also included. The principle of equal pay applies to all arrangements of working time. In addition to whole time work, it applies to part time work, temporary work and casual work. Homeworkers are protected by the legislation as well.

In the public sector, the Acts do not apply to the armed forces which are not covered by the public service statute. As for the private sector, exceptions to coverage include workers employed without contracts in family businesses, for example, in small workshops and farms.