There was the Copé Zimmermann law, which succeeded in a few years in feminizing the boards of directors. All that remained was to impose quotas for women in the upper echelons of companies, namely among senior executives and in decision-making bodies. This was the subject of the Rixain law, passed at the end of last year. But it still remained to fix the mode of use of this law. This is what the Ministry of Labor has just done, through a question and answer session, as well as the analysis of the site specializing in human resourcesCurrent HR.
First precision on the calendar. We must remember the quantified objective of the law: 30% of women executives and members of governing bodies in 2026. 40% in 2029. It may seem far, but in reality companies only have a few months to act.
From September 1 of this year, they will have to publish the differences in representation on their website. Each year thereafter, on March 1 of each year, the results must be updated. It is also from March 1 that the websites of the Ministry of Labor will resume this information, useful to women who apply for a particular company, so that they can measure the place reserved for them.
Other details on the scope of the law: it only applies to companies that have had more than 1,000 employees for three years. Important clarification provided by the Ministry of Labor: executives who work on a daily basis will not be included in the calculation of quotas. On the other hand, expatriate women will be part of the workforce examined.
The question of sanction was also clarified. The operation will be done in several stages. If the 30% target is not reached in 2026, the company will have to plan corrective measures itself. Second stage of the rocket: if 30% is still not reached in 2029. Companies will then have two years to comply.
If, at the end of these two years, i.e. in 2031, the results obtained are lower than what the law says – and we will then be at 40% of women leaders – then the employer may be subject to a financial penalty of 1% of his remuneration and earnings. The product of this penalty will be paid into the general budget of the State.