Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s reports and the attached information and asks the Government to provide information on the following points.

1. With respect to its previous comments regarding recent statistical data on the earnings of men and women, the Committee notes the Government’s indication that the bi-annual surveys regarding salaries of Statistics Belgium were annualized between 1998 and 1999 and that as a result statistical information since 1999 has been delayed. Noting nevertheless from the report that the gender wage gap is currently about 18 per cent, the Committee asks the Government to provide recent statistical information available on the earnings of men and women in line with its 1998 general observation as soon as it is available. Please also continue to provide information on the measures taken with regard to improving statistical tools following the report on gender remuneration indicators developed during the Belgium EU presidency in 2001.

2. The Committee recalls its previous comments concerning the need to re-examine existing job classification systems in order to overcome under-evaluation of jobs typically performed by women and any resulting pay discrimination. In this regard, the Committee notes with interest the Government’s efforts to promote objective job evaluation through the EVA project, which aims at supporting the social partners in introducing analytical job evaluation methods. It notes in particular the revised information package and the training strategies and programmes developed within this project. The Government is asked to provide information on further activities and the results achieved by this project, including information on the planned assessment of the impact of analytical job evaluation methods used in three pilot sectors and the development of a common analytical system. Please also provide information on the Royal Decree envisaged to introduce fiscal advantages for enterprises introducing gender-neutral classification systems.

3. While noting the Government’s indication that still only a few sectors have introduced analytical and gender-neutral job classification systems, the Committee recalls that the social partners have renewed their commitment in this regard in an inter-professional agreement of 22 December 2000 and that the collective convention No. 25 of 15 October 1975 on equal remuneration of male and female workers has been revised by collective agreement No. 25bis of 19 December 2001, mandating the specialized joint commission under Article 6 of the Convention to play a role in supporting and sensitizing social partners with regard to the issue of job classification. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote objective job classification systems, including the number of cases and examples where classification systems have been revised in accordance with the principle of equal pay for work of equal value.

4. With respect to its previous comments, the Committee thanks the Government for submitting a translation of the pilot project for the development of a new sectoral job classification for Joint Commission 305.1 (private hospitals and psychiatric institutions). It notes that this project has not been continued due to lack of financial resources. However, the Government indicates that the social partners have established an Institute for Job Classification which continues the development of a new classification system for that sector. Please continue to provide information on this initiative.

5. With regard to enforcement of equal pay provisions, the Committee notes the Government’s indication that no judicial decision has yet been handed down with regard to section 13 of the Act of 7 May 1999 on the equality of treatment between men and women concerning conditions of work, access to employment and opportunities for promotion, access to an independent profession and complementary social security regimes. The Government is asked to continue to provide information on any administrative or judicial decision involving issues related to the application of the Convention.