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The only difference in diplomas does not make it possible to establish a difference in remuneration between employees carrying out the same functions, unless it is demonstrated that the possession of a specific diploma attests to specific knowledge useful for the exercise of the position. busy.
Equal pay
In this case, an employee who had been with the company for more than twenty years had seen his employer hire a freshly graduated engineer to do the same work as him. As soon as he was hired, the engineer had received a salary 20% higher than his own. He had therefore seized the prud’hommes to obtain damages for unequal treatment.
The Court of Cassation considers that “if the professional qualities or the difference in the quality of work can constitute objective reasons justifying a difference in treatment between two employees occupying the same job, such elements likely to justify higher salary increases or a faster progression of the grid index, for the most deserving employee, cannot justify a difference in treatment when he is hired, at a time when the employer has not yet been able to assess the professional qualities”.
The employer cannot prejudge the best professional qualities of a qualified employee compared to those of an unqualified but very experienced employee. It is only once the professional qualities revealed in the execution of the work that the employer will be able to reward this employee by a better remuneration.
Equal pay
Equal pay is a fundamental principle that promotes fairness and non-discrimination in the workplace. It states that employees who perform the same or similar work should receive equal pay, regardless of their personal characteristics such as gender, race or age. This principle ensures that individuals are compensated according to the value of their work rather than arbitrary factors. Although differences in compensation may exist based on factors such as work experience or qualifications, it is essential to demonstrate that these differences are directly related to the specific knowledge or skills required for the position. The absence of valid justification for pay gaps may lead to legal consequences,
