Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information supplied in the Government's report.

1. The Committee notes that there are still differences in the average wages of men and women, which can be attributed to structural causes. The Committee notes that this is borne out by the wage statistics published in the ILO Bulletin of Labour Statistics (1993-94), according to which, in 1991, average monthly earnings were 99,609 Belgian francs for men and 63,908 Belgian francs for women in the sectors other than agriculture, and respectively 101,007 Belgian francs and 64,116 Belgian francs in the manufacturing industries. It notes with interest the Government's indication that, in order to remedy the situation, workers' organizations are endeavouring, through collective bargaining, to obtain access for women to posts and functions still reserved for or largely occupied by men; to bring up wage levels in the so-called "female" sectors; to implement positive action plans and plans to upgrade certain occupations usually filled by women; and to increase the minimum sectoral and interoccupational wage. It also notes that employers' and workers' organizations have adopted an equalization strategy for job classifications and that they attach particular importance to analysing and reviewing these classifications, which they consider to be responsible for many of the differences in men's and women's wages.

The Committee would be grateful if the Government would provide with its next report detailed information on progress made in adopting and applying the above-mentioned measures envisaged by workers' organizations, including the review of the job classifications that is planned as part of the equalization strategy, and their impact in narrowing the wide differential between the average earnings of men and women, particularly in activities outside the agricultural sector and in the manufacturing industries.

2. The Committee notes that the text amending section 116 of the Act of 4 August 1978, which allows occupational social security schemes to be excluded from equal treatment for men and women, has not yet been adopted. It notes the Government's indication that this text serves merely to adapt the legislation formally to the case law of the Court of Justice of the European Community and will not change the development of national case-law. It asks the Government to provide details of the consequences of the amendment of section 116 of the Act of 4 August 1978 on the elimination, in practice, of inequalities in the treatment of men and women in occupational social security schemes, and in particular to indicate whether this section, as amended, could still be construed by the national courts as a justification for discrimination against women in respect of the elements of remuneration linked to occupational social security schemes.

3. With reference to its previous comments, the Committee notes the Government's indication that the National Labour Council claims that its construction (communication No. 5 of February 1991) of section 4 of Collective Agreement No. 25 of 15 October 1977 is consistent with Community Directive No. 86/378, respecting equal treatment in social security schemes. The Committee also notes that, by a decision of 17 February 1993, the Court of Justice of the European Community considered that the pre-pension indemnities granted under the National Labour Council's Collective Agreement No. 17 of 19 December 1974 constitute remuneration within the meaning of Article 119 of the Treaty of Rome. According to the Government, however, such indemnities are still sometimes granted at different ages for women and for men (before age 60) and refused to women after the age of 60. The Committee notes with interest that a solution will be found in cooperation with the social partners. It asks the Government to indicate the measures taken, in cooperation with the employers' and workers' organizations, to give practical effect to the decision of the Court of Justice and Directive No. 86/378.

4. The Committee notes from the last annual report (1990) of the labour law inspectorate that only two inconsistencies were noted in respect of equal treatment for men and women, and asks the Government to continue to provide information on the practical effect given to the Convention, particularly as regards the activities of the labour inspectorate and developments in the case law on these matters.