“I earned 10 cents less than my colleague, I received 3000 euros in compensation”

An employee won his case for a small pay gap.

“And you, how much do you earn ?" It is a subject that is the subject of many fantasies: the salary in companies. Employees' salaries are not public and are subject to individual negotiation, on the basis of a general scale. Disparities therefore exist, both in monthly remuneration and in bonuses. If some are modest on the subject, 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 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 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 is a winder assistant, a position in the printing sector. Fired for misconduct in September 2016, he is taking his former employer to the industrial tribunal. The case continues 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 did 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 on the grounds of disability, he was thus sentenced, 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 draw up reports on salary levels by gender and category of workers. A new development in corporate life that aims to reduce pay gaps.