Can you work your entire career without being increased? Is there a right to the increase? Details from Karine Audouze, lawyer, specializing in labor law, at UGGC in Paris.
franceinfo: Can I work for my entire career with an employer without ever receiving an individual increase? Is it legal?
Karine Audouze: No, no duty, and yes, the decision to grant an individual increase is optional, within the limits of the minimums, the minimum wage, the conventional minimums, the increases provided for by collective agreements, but the employer has a freedom total. Its managerial power obviously comes up against the provisions of the employment contract and respect for equal treatment, for equal work, equal pay.
If colleagues who have the same results and have the same responsibilities receive increases and not me, can I obtain compensation?
Yes, if you and your colleagues are in a strictly identical situation, because in this case the employer is obliged to ensure equal pay for all employees.
In the event of a disparity, the employer must justify, supported by a comparative analysis, that the disparity applies for objective reasons. For example, the disparity in the cost of living. You are located in Ile-de-France, your colleague in an establishment in Douai, it is an objective and relevant situation which allows a difference of treatment.
Can these differences be based on different diplomas or training?
Yes, because the differences in treatment are then based on objective, materially verifiable and non-discriminatory criteria. You have a web designer job, with on the one hand a year of training and a bac +5, that can justify a different salary.
If I notice differences for equal work, can I claim a catch-up?
Yes, if the difference is not justified, you can request that your remuneration be aligned with that of your colleagues who are in the same situation as you. There will be a catch-up which may be accompanied by a salary reminder.
Is there a prescription?
Yes, this varies depending on whether the difference in treatment is the result of an infringement of the principle of equal treatment, in this case the limitation period is three years, or whether it results from discrimination and in this case the limitation period. is five years from the disclosure of the discrimination.
If I take responsibility, do I necessarily have to be increased?
No, not automatically.
Can my employer lower my salary?
No, he cannot unilaterally make that decision. Remuneration is an essential element of the employment contract so it cannot be changed, either in its amount or in its structure, without the employee’s agreement, even in a minimal way. For example, withdrawing a company vehicle from an employee is a modification of his employment contract.
What is the specific case of women returning from maternity leave?
At the end of the maternity and adoption leave, the employee returns to her or her previous or similar job, with the same remuneration, and at the end of the absence, the remuneration must be increased by the general increases that may have been be granted, but also individual increases which have been granted to persons of the same category.