when an employee obtains the right to consult the pay slip of her colleagues

franceinfo met the woman at the origin of this major, but little-known, case law. Since a ruling by the Court of Cassation, any employee can ask their company to provide the pay slips of other employees in the event of suspicion of inequality.

Starting this November 8 at 4:48 p.m., women will work for free. This symbolic moment was calculated by the feminist newsletter Les Glorieuses to denounce wage inequality, for the eighth consecutive year. According to an INSEE study from March 2024, this gap between the salaries of men and women is still 14.9%. Another symbolic date: since a ruling by the Court of Cassation of March 8, 2023, employees have the possibility of asking their employer to provide their colleagues' pay slips when they believe that there is unequal treatment.

franceinfo met the woman behind this major case law. Despite her bac +5 and her 20 years of experience, Sophie (not her real name) was paid less than her male colleagues in her senior management position in a large investment company. “It was my boss who told me: 'Of course, you won't have the same salary as that person.' When someone with great confidence tells you this almost with a smile…, she says. We get promotions, we are recognized for our responsibilities, but because we are a woman it seems natural to many people that we earn less. It's difficult.”

The trader then hired a lawyer, demanding access to the pay slips. The company refused in the name of privacy. The case went to the Court of Appeal, which ultimately ruled in favor of the employee in her search for proof, a decision confirmed by the Court of Cassation referred to by the employer. The difference observed turned out to be significant: according to Sophie, it was of the order of 20 to 30%.

“We can no longer have this omerta and this silence. Companies are required to produce figures. Instead of just having a gender equality index which is very general.”

Sophie, who brought gender pay inequalities to court

at franceinfo

“It’s a great victory for the cause of women. I would like the decision to be better known among women and businesses,” defends Sophie. This judgment from the Court of Cassation is in fact an innovative legal tool, adds his lawyer Paul Estival.

But while Sophie's case must still be judged on the merits, this specialist in labor law specifies that once the famous pay slips have been obtained, difficulties may still persist. “However, you have not won. The judge can refuse this right to proof because there is still resistance in the courts of the trial judges. The other possibility is that there is inequality in pay even though the work provided is equal. The employer can also simply explain why, with objective elements, he treated one employee differently compared to another in relation to seniority or merit. explains Paul Estival.

Elise Fabing, another lawyer very involved in the subject, notes that in the event of litigation a majority of companies prefer to negotiate an amicable outcome, “so as not to have to communicate these pay slips and take the risk of being seen as a company that discriminates against women.”
The lawyer believes that this judgment is a restrictive means of pressure, but not a deterrent for the employer, due to the lack of significant sanctions.