Social Law2 December 2022
The obligation of balanced representation of women and men at work

The obligation of balanced representation of women and men in the company

The legislator has placed professional equality between men and women at the heart of the news in recent years under the prism of balanced representation within the various company bodies.

This obligation of representation concerns the lists of candidates for professional elections which must include, for each electoral college, a number of women and men corresponding to the proportion of women and men registered on the electoral lists. These obligations concern both the election of full members of the social and economic committee and that of alternates.

This obligation also applies to the boards of directors and supervisors of certain large companies. The Rixain law of December 24, 2021 aimed at accelerating economic and professional equality (L. n°2021-1774, J0 Dec. 26) establishes quotas in management positions in companies with at least 1,000 employees.

A decree of October 27, 2022 published in the Official Journal of November 4, 2022 taken pursuant to the Rixain law of December 24, 2021 defines the procedures according to which companies with at least 1,000 employees must transmit to the administration any differences in F / M representation in leadership positions.

A website created by the Ministry of Labor

The Ministry of Labor has made a dedicated page available on its website allowing companies with at least 1,000 employees to declare any differences in representation between women and men among senior executives. It is accessible via the following link: https://egapro.travail.gouv.fr/representation-equilibree/. This information relates to any discrepancies in representation, as well as the procedures for their internal publication.

The rest of the calendar

The Rixain law of December 24, 2021 provided for several stages.

As of March 1, 2026, an obligation of results, aiming to achieve a minimum proportion of 30% of people of each sex among senior executives and 30% among members of governing bodies has been set. This objective will be increased to 40% on March 1, 2029. Companies will then have two years to comply, under penalty of a financial penalty. The regulations are thus becoming bloated on professional equality, a major topical subject.

Jocelyne CLERC Catherine HARNAY

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