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The Court of Cassation was very clear: equal pay must apply as long as the respective functions fall within the same level: hierarchical, classification and responsibility and have comparable importance in the functioning of the company ( Cass.Soc. July 6, 2010, n °09-40021 ). Concerning maternity leave, employees who have taken maternity or adoption leave are guaranteed to benefit, upon their return to the company, from the same salary increases as those granted to their colleagues during their absence. Maternity leave must not have an impact on the employee’s professional prospects. A decree of July 7, 2011, which entered into force on January 1, 2012, provides for sanctions in the event of non-compliance with the principle of equal pay.
Even more recently, the law of August 4, 2014 on equality between men and women aims to encourage fathers to take parental leave, to condition access to public contracts on compliance by companies with professional equality, to protect single mothers from unpaid child support, or to extend the principle of parity to all areas of responsibility. It also makes it possible to better combat violence against women, thanks to the strengthening of protection orders and offenses relating to harassment. Lawyer Grégory DAMY labor law, equal pay, 2022
