Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Articles 1 and 2 of the Convention. Pay gaps and their causes. Measures to address the remuneration gap. The Committee notes with interest the annual publication by the Institute for the Equality of Women and Men (IEFH) since 2007 of the “Report on the pay gap between women and men in Belgium”, which provides a comprehensive overview of the wage situation of men and women, evaluates in detail wage gaps, particularly by economic sector and working time, analyses their causes and makes a number of recommendations to remedy them. According to the 2017 report, the average gross gender wage gap in hourly wage rates was 7.6 per cent in 2014 and the average gross annual gender wage gap was 20.6 per cent. The Committee notes that the report identifies several factors underlying wage gaps, some of which are linked to the situation of women and men in the labour market (occupational segregation – by occupation and sector), while others are related to the personal characteristics of workers (training, work experience, seniority) or the individual (marital status, household composition). The report emphasizes that 48.2 per cent of the wage difference can be explained by known factors; and 51.8 per cent remains unexplained, part of which is due to direct discrimination. The Committee also notes that the report recommends the Government to take the following measures: increase the participation of women in employment; reduce involuntary part-time employment; enhance the capacities of the labour inspectorate with regard to discrimination in enterprises; strengthen the collection and processing of statistical data; improve the balance between professional and family life; continue to encourage the representation of women in decision-making bodies in enterprises (between 2011 and 2016, the proportion of women on executive boards rose from 11 to 28 per cent); and combat occupational segregation, and more specifically, gender stereotypes in education, training and vocational guidance. In light of the persistent gender wage gap, the Committee asks the Government to provide information on the specific measures taken to address wage inequalities, including on the measures taken with regard to vocational training and guidance to combat prejudice and sexist stereotypes and on measures taken to combat involuntary part-time work.

Development and application of legislation. The Committee notes the adoption of the Act of 12 July 2013 amending the legislation to combat the gender wage gap, which amends, inter alia, the Act of 22 April 2012 to address the wage gap by adding provisions on the supervision carried out by the General Directorate of Collective Labour Relations with regard to the gender neutrality of the sectoral classifications of jobs, and the adoption of the Order of 17 August 2013 on the same subject. Regarding the measures taken at the enterprise level, the Committee also notes the adoption of two Royal Orders of 25 April 2014 on the report to analyse the pay structure of workers (on the basis of which an action plan can be adopted) and on mediators to combat wage gaps (who can be appointed by the employer in enterprises with over 50 employees). With regard to the implementation of the Act of 22 April 2012 to address the wage gap, the Committee notes with interest the creation of a task force comprising members from the IEFH, and the Federal Public Employment, Labour and Social Dialogue Service, which meets several times a year to review the situation, coordinate the various actors and carry out awareness-raising activities, particularly for employers, workers and their respective organizations. The Government indicates that, in February 2015, the task force organized a symposium to present the Act of 2012, which gave rise to great interest. The Committee requests the Government to provide information on the preparation of the report analysing the pay structure of workers, including on the adoption of the associated action plans, and on the appointment in practice of mediators to combat the wage gap in enterprises, with an indication of the results obtained. It trusts that the Government will take measures to enable the task force to step up its awareness-raising and information activities for the social partners and all persons involved in combating the gender wage gap.

Articles 2(2)(c) and 3(2). Collective agreements. Revision of job classifications at the sectoral level. Job evaluation. The Committee welcomes the detailed explanations provided by the Government on the process involved in and the results of the first assessment exercise carried out between 2014 and 2015 with the help of an evaluation tool comprising 12 questions based on criteria considered as “good practices” aimed at promoting gender neutrality (objectivity of the system chosen – analytical method; focus on prejudice and gender stereotypes during the process; objectivity of the collection of information on job content, etc.). The Committee notes that, according to the Government, most of the classifications verified were considered to be gender neutral, and for the remaining classifications, the joint committees have a two-year time frame to make the necessary changes. The Government adds that, if corrective action is not taken within the specified time frame and there is no other justified reason, the joint committee in question is placed on a list that is referred to the Ministry of Employment and the IEFH. The Committee recalls that the undervaluation of jobs viewed as “feminine”, and even the lack of recognition, is one of the causes of the persistent gender pay gap. Emphasizing the importance of reviewing occupational classifications in light of the principle of equality to effectively combat the undervaluation of certain jobs, and thereby to give effect to the principle of equal remuneration for men and women for work of equal value, the Committee requests the Government to continue providing information on the results of the assessment exercises carried out since 2015 in terms of the gender neutrality of classifications, and on the measures taken when assessments have found that classifications are not neutral.

The Committee is raising other matters in a request addressed directly to the Government.