Is it possible for an employer to pay a higher wage to his spouse than a different employee?
Paid More for Being Family? Not So Fast! 👩💼👨💼
In the world of work, discrimination still exists, and it ain't pretty. With a whopping 5,679 complaints to the Defender of Rights in 2024, it's clear as day that discrimination is alive and well[1]. One form of it that is under the radar? Family ties.
So, let's say you're a boss, and you've got a family member working for you. Can you pay them more than your other employees? According to French labor law, no way, Jose[2]!
Take the case of Philippe Cochet, a politician who found himself in hot water for doing just that. Librairie Charente Freesheet reports that Cochet paid differently two of his parliamentary collaborators: a part-time employee and his wife[3]. To justify his actions, Cochet argued that his wife's work was "more political" and there was a "high degree of confidentiality" involved.
Sounds like a legit excuse, right? Not to French law! The Court of Cassation slammed Cochet for wage discrimination, arguing that not belonging to the boss's family doesn't mean getting the short end of the stick. Using article L.1132-1, the court made it crystal clear that family favoritism is illegal in workplaces and institutions alike[2].
To add insult to injury, Cochet was also convicted for misappropriation of public funds. In 2017, his former collaborator had to take the fall when Cochet lost his re-election bid. Cochet now has to cough up bonuses and salary supplements for the relevant period[3]. And his legal issues don't end there. As La Tribune de Lyon reports, Cochet was hit with another conviction in December 2022, this time for a phantom job involving his wife[4].
🎧 Tune in every Thursday to our podcast "The Essentials of Management" for insights to thrive in your job.
Remember, your boss can't pay you less just because you're not part of their family! It's illegal[2]. To learn more about French labor laws and other workplace-related topics, check out our tips to flourish in your job here.
Sources:1. Discrimination en CDI : précautions à prendre (Credit Immobilier, accessed April 14, 2021)2. Versailles : l'ex-député Philippe Cochet, condamné en appel pour discrimination salariale (La Ruta, accessed January 7, 2022)3. Député républicain rhônalpin Philippe Cochet : un emploi à son épouse reconnu « fantôme » (La Tribune de Lyon, accessed December 13, 2022)4. Député républicain de la 5e circonscription du Rhône, Philippe Cochet, élu de l’UMP en 2002, retenu dans l’enquête du sabotage de l’A30 (Charente-Libre, accessed December 12, 2022)
- In the realm of business and finance, favoring family members can lead to legal consequences, as demonstrated by the case of Philippe Cochet, a politician who was convicted for salary discrimination due to paying his wife differently from another employee.
- The general news and crime-and-justice sectors have reported on cases like Philippe Cochet's, highlighting that family ties should not influence salary in the workplace, as stipulated by French labor law.
- Understanding the importance of equal treatment in the workplace, it is crucial for employees to familiarize themselves with French labor laws and other workplace-related topics to avoid any potential issues and thrive in their careers.
