Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Remuneration gap between men and women. The Committee notes the first two annual reports on “the remuneration gap between men and women in Belgium”, published in 2007 and 2008 by the Institute for the Equality of Women and Men (IEFH). The reports present detailed data on the remuneration gap between men and women, analyse the factors behind wage inequalities and formulate recommendations for concrete action to reduce the remuneration gap. According to the 2008 report, the remuneration gap between men and women in 2005, calculated on the basis of gross monthly salaries, was 15 per cent for full-time workers employed in industry and services and up to 25 per cent for full-time and part-time workers combined. Taking into account a wider range of sectors, the remuneration gap is reduced by up to 13 per cent due mainly to the inclusion of the public sector. In enterprises with fewer than ten employees, the remuneration gap was 12 per cent. The 2008 report also indicates that the remuneration gap increases with age, that it is wider among highly qualified persons and that it varies considerably according to sector. Finally, the Committee notes that 46 per cent of the gap between men and women can be explained as being due to known factors, of which nearly 60 per cent are linked to professional characteristics, 27 per cent to individual characteristics and 15 per cent to the family situation. The Committee asks the Government to continue to provide up to date statistics on the remuneration gap between men and women in all job categories, as well as information on the measures taken or envisaged to acquire a better understanding of the unexplained part of the remuneration gap in order to succeed in eliminating any discrimination against women with regard to remuneration.

Measures taken to implement the principle of equal remuneration for work of equal value. The Committee notes the various strategic recommendations made in the reports of 2007 and 2008 on the remuneration gap. These include the following: introducing analytical job classification systems; strengthening the position of women in the labour market; facilitating and supporting the reconciliation of work and family life; implementing a proactive policy aimed at persons who have not completed higher education; removing the glass ceiling and reducing horizontal and vertical segregation; informing enterprises and making employers and employees aware of individual salary components; and continuing to improve comprehension of the remuneration gap between men and women, particularly with regard to allowances added to wages within the enterprise. The Committee asks the Government to keep it informed of the measures taken or envisaged to give effect to the recommendations made in the annual reports on the remuneration gap between men and women, and of the impact of these measures on the reduction of this gap.

Article 3 of the Convention. Objective job evaluation. The Committee notes the completion, in November 2009, of the EVA (Analytical Evaluation) project as well as the study on the neutrality of analytical job classification systems in the chemistry, IT and telecommunications and services sectors, conducted in the context of that project. The results of this study indicate that, in enterprises without job classification, the remuneration gap is explained in part by career paths. However, it seems that the remuneration gap also includes an unexplained part, which could indicate that there is discrimination. On the other hand, in enterprises with job classification, the remuneration gap may be explained and therefore eliminated. The Committee notes with interest that, following the evaluation of the EVA project, tools have been made available to enterprises and the social partners, in particular guidelines for establishing gender-neutral job classification, a practical guide entitled “Analytical job classification: A basis for a gender-neutral wages policy” and a “Non-sexist checklist for the evaluation and classification of jobs”. The Committee also notes that the Institute for Job Classification has finalized a new classification model for federal non-market sectors and that the pilot phase which is currently under way will allow an evaluation to be carried out of the extent to which the system operates in practice. In this regard, a sectoral report is in the process of being prepared. Furthermore, the Committee notes that the Government will pay particular attention to the links between job classification, staff management policy and the problem of the remuneration gap between men and women in the context of devising future activities aimed at raising the awareness of enterprises. The Committee asks the Government to provide information on the following: (1) the use in practice of the tools developed for enterprises and the social partners, in particular whether their use has led to gender-neutral job classification systems; (2) the impact of the new classification system on equal pay between men and women in federal non-market sectors; and (3) other actions carried out or envisaged by the Government, in collaboration with the social partners, to promote objective job evaluation.

Implementation. The Committee notes that, according to the 2006 report of the IEFH, problems exist, especially with regard to the application of the legal framework concerning the remuneration gap between men and women, and it is necessary to establish a system of effective and applicable sanctions. It also notes that in 2006, the IEFH dealt with complaints relating specifically to pay inequalities between male and female workers. The Committee asks the Government to provide information on the measures taken to improve the application in practice of the legal framework concerning equal pay, including the system of sanctions. Please also continue to provide information on the legal decisions and complaints dealt with by the IEFH, including on the sanctions imposed, compensation awarded or any other measures taken to correct the disparities established.