Professional equality Women/men in senior management: the elements to be communicated

A new device

Since 1^er march 2022, companies with fewer than 1 000 employees for the third consecutive year must publish annually any gender gaps in the representation of senior management and members of senior management.

This publication shall be made in a visible and legible manner on the company's website or by any other means of informing employees.

For this year 2022, the companies concerned had up to 1^er september 2022 to publish these possible differences in representation.

As of 1^er march 2023, these deviations will be published and updated annually by 31 December on the website of the Ministry responsible for labor at the following address: https://travail-emploi.gouv.fr/demarches-et-fiches-pratiques/formulaires-et-teledeclarations/entreprises/.

The company will be required to complete the following:

1. its legal name;
2. its SIREN number;
3. its NAF code;
4. its postal address;
5. the name, first name, telephone and electronic contact details of the person to be contacted;
6. the year in respect of which any gaps in representation between women and men are calculated;
7. the end of the reference period of 12 consecutive months, corresponding to the accounting year, used to calculate the data for assessing any differences in representation between women and men;
8. the data which have made it possible to assess any differences in representation between women and men, namely;
   
   • the percentage of women among all senior managers;
   • the percentage of men among all senior managers;
   • the percentage of women among all members of the governing bodies, including self-employed persons;
   • the percentage of men among all members of the governing bodies, including self-employed persons;
9. the calculability or otherwise of possible gender gaps;
10. the reasons for which it has not been possible to calculate these differences where all or some possible differences in representation between women and men are not calculable.

Finally, information should also be provided on the publication in the company of any differences in representation:

• date of publication of deviations;
• URL of the website where the deviations were published;
• in the absence of a website for the company, the arrangements for communicating differences to employees.

A time-modulated device

From 1^er march 2026, companies will have to take corrective measures (to be transmitted to the ministry responsible for labor) when the proportion of women or men (as appropriate) is less than 30% in the management or the members of the management.

From 1^er march 2029, corrective action will be taken when the proportion of women or men (as the case may be) is less than 40 % in the management or members of the management. The company will have 2 years to comply.

The company shall also publish its corrective and progressive actions within one year of the publication of the representation gaps within the company. This is accompanied by a transmission of these objectives to the ministry responsible for labor. After this one-year period, if the performance is below the set level, the company will have to pay a financial penalty set at a maximum of 1% of the payroll. This penalty will be paid to the general budget of the State.