Assessment of injury resulting from wage differentials H / F
Before December 31, 2010, it will have initiated negotiations on the abolition of wage differentials.
Vow thinking?
The decision of the Court of Appeal of Paris issued May 5, 2010 has been little publicized. And yet it is one of the first stops that condemns a large French group for discrimination in pay inequality H / F to pay 159,968 euros and gives a methodology and a calculation method ( ; the rule of the triangle) to assess discrimination! No less. In six months, many companies could be reminded of that case. The case
:
his return from parental leave, an employee of BNP Paribas (HEC) said he did not have a normal salary and career development.
Noting the inequality of treatment, she seized the Halde. The finding is final, the average salary amounts is 114,146 euros and that of women 76 893 euros. The summary table
pay men and women established by the High Authority on the basis of data provided by BNP Paribas reveals whatever the panel selected for comparison (HEC, Bac + 5, BFI or business segment) with Employee men or women between 36 and 46 years and 12 to 18 years of seniority:
-for all the core businesses of the company, women paid less for their colleagues Celie male employees with the same degree (HEC or Bac + 5), a date of entry comparable (between 1978 and 1986) a comparable age (born between 1954 and 1962) and the same environment ; Professional (Paris region)
-compensation Madam: (full-time reduced to 53 760 euros) is significantly lower than that of employed men of his generation and
average earnings (gross average tax) of men and women Tier I like her.
The employee assesses his damages as such by applying the rule itself (the triangle "(current gap of salary x number of years of discrimination / 2 +
influence retirement).
This calculation is validated by the Court of Appeal Considering that meets this definition, the panel of 18 people (6 women and 12 men) said 1-2 in the expert report of the High Authority, which shows a tax gross income of 134,379 euros) for men and 80 470 euros for women, giving a average annual salary compared to 107,424.5 euros and a pay gap of 53,664.50 euros (107
€ 424.50 - € 53,760 (2006 salary Madam restored full-time)] Considering
that the injury must be calculated as follows: 53 € 664.50 x 60% x 7.5 years (average working time of the employee during the period) / 2 = 120 + 30 € 745.12 % (impact on pension entitlements) = 156,968.65 euros.
Condemns BNP Paribas SA to pay the following amounts Madam:
-156 968.65 euros for the financial loss resulting from discrimination. -7000 Euros for moral damages resulting from discrimination
- 21 483 euros as compensation in lieu of notice - 2148.30 euros for the paid leave different -14035.56 euros As a statutory redundancy payment,
said sums, with interest at the legal rate from the date of receipt of the summons by the defendant for sums due on that date and after their due date for ; surplus ...
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