An employee won his case over a small pay gap.
“And you, how much do you earn?” It is a subject that is the subject of many fantasies: salaries in companies. Employees’ salaries are not public and are subject to individual negotiation, based on a general scale. Disparities therefore exist, both in monthly remuneration and in bonuses. While some are modest about the issue, others do not hesitate to talk about it openly.
A thorny issue, that of salaries nevertheless follows a principle established 30 years ago: “Equal pay for equal work.” Beware of companies that do not apply it: it can cost them dearly if an employee takes legal action. A company learned this to its cost 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 began in 2016, but the final decision was only made a few months ago. At the time, Thierry (not his real name), a disabled worker since 1998, had just been made redundant by the Clairefontaine paper mill. He had been employed since 2004 and was a winder’s assistant, a position in the printing sector. Fired for misconduct in September 2016, he sued his former employer before the industrial tribunal. The case continued on appeal and then before the Court of Cassation.
To counter the company’s justification for the dismissal, Thierry accuses his employer of wage discrimination: 10 cents less per hour on a bonus compared to a colleague in the same position.
After studying the case, the Court of Cassation established that the two people were doing exactly the same work and that the difference in bonus therefore corresponded to discrimination, presumed to be due to his disability. As the employer did not demonstrate that this difference was justified by elements unrelated to any discrimination due to disability, he was thus ordered, on February 14, 2024, to pay 3,000 euros in damages.
A decision that comes in a context where the question of salary tends to no longer be taboo since, from 2026, European law will require companies with more than 100 employees to establish reports on salary levels by gender and category of workers. A novelty in corporate life that aims to reduce pay gaps.