“I earned 10 cents less than my colleague, I got 3,000 euros in reward”

2024-09-18 09:30:13

The employee accepts your case for a small wage gap.

“And how much did you get?” It is a subject that is the subject of many fantasies: salary in companies. The employee’s salary is not public and is subject to each transaction, depending on the general size. So there are differences, both in monthly payments and in bonuses. Although some people are modest about the matter, others do not shy away from talking about it in public.

A sick issue, that salary still follows a principle established 30 years ago: “Equal pay for equal work.” Beware of companies that don’t use it: it can be costly for them if the employee takes legal action. A company rejected this the hard way recently, having been ordered to pay 3,000 euros in damages to an employee who received a bonus of… 10 cents less than his colleague in the same position.

The case started in 2016 but the final decision was only a few months ago. At that time, Thierry (not his real name), a disabled worker since 1998, was made redundant by the Clairefontaine equipment company. Employed since 2004, he is an assistant winder, a position linked to the printing sector. Fired for misconduct in September 2016, he attacked his former employer before the industrial tribunal. The case continues on appeal then before the trial.

To counter the justification for the dismissal said by the company, Thierry accused the wage discrimination on the part of his employer: 10 cents less, per hour, on bonus, compared to a colleague in the same position.

After reading the file, the Court of Cassation has confirmed that two people do exactly the same job and that the difference in the bonus therefore corresponds to discrimination, which is considered to be due to his disability. As the employer did not demonstrate that this difference was justified by elements not related to any discrimination based on disability, it therefore ordered, on February 14, 2024, to pay 3,000 euros in damages.

The decision which is in an area where the question of salary tends to be no longer indifferent since, from 2026, European law will require companies with more than 100 employees to prepare reports on salary levels by gender and categories of workers. An innovation in social life which aims to reduce pay gaps.