Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Equal Remuneration Convention, 1951 (No. 100) - Belgium (Ratification: 1952)

1. The Committee notes with interest the detailed information contained in the Government's reports for the periods ending 30 June 1987 and 30 June 1989.

2. In its previous comments, the Committee requested copies of any opinions provided to courts on the provisions of legislation, and a copy of Collective Agreement No. 25 on equality of remuneration between men and women, in both the public and private sectors, as well as copies of judgements handed down by courts in this connection. The Committee notes in this respect the information on jurisprudence in Belgium, contained in the publication "Equality between men and women: Basic documentation" (1989 edition), showing actions by tribunals under both internal Belgian law and under the Treaty of Rome. The Committee requests the Government to continue to provide such information in its future reports.

3. The Commitee notes the information in the reports concerning the implementation of Directive No. 86/378 of 24 July 1986 of the Council of the European Communities, concerning equality between men and women in occupational social security schemes. The Government has indicated that the necessary measures are still under preparation and that title V of the Economic Reform Act of 4 August 1978 will have to be amended. It notes further that, because of this Directive, Collective Agreement No. 25 henceforth applies to the benefits provided for in such schemes. Finally, it notes the decision of 24 May 1989 by the Labour Tribunal of Nivelles, on the basis of this Directive. The Committeee requests the Government to keep it informed of the measures taken to implement the Directive, and of further developments in the jurisprudence.

4. The Committee had noted in its earlier comments the efforts being made by the Government and the social partners to eliminate indirect discrimination against women, from collective agreements in particular. It notes from the Government's reports that these efforts have continued, and that the main source of indirect discrimination which still exists is that the criteria for evaluating the worth of different jobs still carry certain assumptions based on whether the job is typically performed by men or women. The Committee hopes that the Government will continue to provide information in its future reports on further progress in implementing the principle of equal pay for work of equal value.

5. Please continue to supply information on the application in practice of the Convention, and in particular on cases of violation of the principle noted by the labour inspectorate.