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

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

Article 1(a) of the Convention. Gender pay gaps. Other benefits. The Committee recalls that, in its previous comment, it had noted that the wage gap increased considerably when “extra-legal benefits” paid by the employer (supplementary pension, allowance for travel between home and work, share in the capital of the enterprise, etc.) were taken into account, as women had less opportunity to benefit from such advantages, and when they did so, the amounts received were much lower than those received by men. The Committee notes that the 2017 report (data from 2014) on the “pay gap between women and men in Belgium” published by the Institute for the Equality of Women and Men (IEFH) shows that: (i) 59 per cent of men and 51 per cent of women received compensation for their travel between home and work, with an average of 14 per cent less for women (same as in 2013); (ii) 12 per cent of men and 9 per cent of women received a supplementary pension from their employer, with an average of 37 per cent less for women (slight decrease compared with 2013); and (iii) 1.06 per cent of men and 0.52 received share options, with an average of 40 per cent more for men (slight increase compared with 2013). The Committee notes the Government’s indication that Act of 22 April 2012 on combating pay gaps is an interesting tool for addressing the unequal distribution of extra-legal benefits, as it provides that statistical information on wages, additional benefits and training should be made available within enterprises. The Government considers that when this information is made known, it will be easier for enterprises to take the appropriate measures. The Committee requests the Government to ensure that the enterprises concerned take the necessary measures to strengthen the application of Act of 22 April 2012, particularly with regard to the development and use of the analysis report on the pay structure of workers in enterprises and, where necessary, the action plan that may result from the report, to enable men and women to benefit on an equal footing from the advantages beyond the basic wage, which are paid directly or indirectly, in cash or in kind, by the employer by virtue of their employment.

With regard to unequal pay, of which women workers from the countries of the Maghreb and other African countries are victim, the Committee refers back to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), as these inequalities are closely linked to the situation of these workers on the labour market.

Enforcement. The Committee notes the Government’s indication in its report that the IEFH only received two complaints regarding pay gaps, of which one was brought before a court, with the IEFH’s support. It also notes that, according to the Government, it is important for the IEFH to ensure effective communication in the media with regard to court cases, in order to inform and raise awareness among workers of the remedies available. The Committee requests the Government to provide a copy of the judgment handed down in the aforementioned case, and to continue providing information on the number, nature and outcome of the complaints addressed by the IEFH, the labour inspectorate and the courts, specifying the penalties imposed, the compensation awarded, and any other measures taken to remedy the wage inequalities observed. The Government is also requested to indicate whether specific measures have been taken to strengthen the training of labour inspectors on combating wage inequalities and the promotion of the principle of equal remuneration for work of equal value.