Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2025, published 114th ILC session (2026)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) together.

The Committee notes the observations of the Confederation of Christian Trade Unions (CSC), the General Confederation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB) received on 23 September 2025, in respect of the above-mentioned Conventions.

Article 3(2) of Convention No. 26 and Article 3(3) of Convention No. 99. Participation of the social partners. The Committee notes the observations of the CSC, the CGSLB and the FGTB, alleging that in its government agreement, the Federal Government announced an increase in the minimum wage for 2028 equivalent to that fixed by the social partners in 2026, thereby replacing the social partners who, in an interoccupational social agreement of 2021, did not pronounce on the steps to take in 2028. In this regard, the Committee recalls that Conventions Nos 26 and 99 provide for the association of the social partners in applying the minimum wage-fixing machinery in such manner and to such extent as may be determined by national laws, but in any case on a basis of complete equality (Article 3(2) of Convention No. 26 and Article 3 of Convention No. 99). The Committee requests the Government to communicate its comments in respect of these observations.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage fixing machinery. Further to its previous comment on this matter, the Committee notes the Government’s indication in its report that in 2013 the National Labour Council (CNT) removed the sliding scales that were applied to the monthly average interoccupational minimum wage level for young persons between 18 and 21 years.

Articles 3(2)(3), and 4 of Convention No. 26, Articles 3(4) and 4 of Convention No. 99. Binding nature of minimum wages. Supervision and sanctions. Further to its previous comments on this matter, the Committee notes the Government’s information that confirms, in particular, that a sectoral collective agreement fixing a minimum wage lower than the minimum wage fixed by the collective labour agreement adopted by the CNT for the interoccupational level is null and void. It also notes the adoption of the Social Criminal Code in 2010 and the joint liability mechanism for the payment of wages incorporated in 2012 into the Act on the protection of remuneration for workers.

Wage protection

Article 11 of Convention No. 95. Protection of wage claims in the event of bankruptcy. Further to its previous comments on this matter, the Committee notes that the 2009 Act on the Continuity of Enterprises was repealed by the Act of 11 August 2017 incorporating Chapter XX, on insolvency in enterprises, into the Code of Economic Law. In accordance with the new mechanism, workers’ remuneration owed to them because of the termination of their employment relationship is admitted as a preferential claim, irrespective of whether the termination occurred before or after the declaration of bankruptcy.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1) of the Convention. Differing minimum wage rates based on age. In reply to the Committee’s previous comment, the Government states in its report that, pursuant to the implementation of the European Directive 2000/78/EC under the Act of 10 May 2007 aimed at combating certain forms of discrimination, the sliding scales of pay based on age were replaced, in various sectors, by scales linked to experience or seniority. It nevertheless points out that within sectoral joint committees, 73 per cent of jobs are still affected by the application of the scales and that the Collective Labour Agreement No. 50 of 29 October 1991, which establishes sliding wage rates applying to workers under 21 years of age, is intended to govern all the situations not regulated by these joint committees. In this respect, the Committee notes that a Bill on abolishing the varying monthly average guaranteed minimum wage level (RMMMG) based on age was submitted to the Senate at the end of 2010. The Committee requests the Government to provide specific information on the follow-up to this Bill.

Articles 3(2)(3) and 5. Binding nature of minimum wage rates. The Committee notes that, pursuant to articles 1 and 3(1) of the Collective Labour Agreement No. 43, full-time workers of 21 years of age or over are entitled to the RMMMG, irrespective of their branch of activity and, consequently, of the joint committee covering them. However, according to the information contained in the Government’s report, which makes a comparison between the minimum sectoral wage rates and the RMMMG, a number of sectors have established minimum wages lower than the RMMMG; the negative wage differential may be as high as 19 per cent (large shops) and even 23 per cent (paper/cardboard processing). The Committee notes the Government’s explanations that, in the sectors in question, many collective labour agreements are still concluded at enterprise level and that, overall, the number of jobs concerned is limited (5 per cent of the total number of jobs). It nevertheless requests the Government to provide fuller information on the fixing of sectoral minimum wages that are lower than the RMMMG and, in particular, on the difficulties that workers might encounter when they are paid especially low minimum wage rates.

Part V of the report form. Practical application. The Committee takes note of the detailed information provided in the report and its appendices. It notes in particular that, according to a study conducted by the Federal Planning Bureau, the number of workers paid at the minimum sectoral wage rate accounted for between 3 and 6 per cent in the fourth quarter of 2008, whilst between 0.6 and 1.2 per cent of workers were paid the RMMMG. The Committee requests the Government to continue providing updated information on the way in which the Convention is applied in practice, indicating, for example, the minimum wage rates enforced as well as the number and different categories of workers to which the minimum wage rate regulations apply; the Government is also requested to communicate copies of extracts from reports of the inspection services specifically concerning violations linked to the payment of the minimum wage and measures taken to counter this tendency, as well as any official documents or studies on matters of wage policy that would make it possible to assess the way in which the Convention is applied.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of recommendations made by the Working Party on Policy regarding the Revision of Standards (document GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Conventions Nos 26 and 99 belonged to the category of instruments that were no longer entirely up to date, even if they remained relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), that has made some progress compared to previous instruments on minimum wage fixing by providing, for example, for a wider scope, the introduction of a generalized minimum wage system and the adoption of certain criteria determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 4 of the Convention. Supervisory system and sanctions. In its previous comment, the Committee noted that the inspection services of the General Directorate of Supervision of Social Laws had identified more than 80 per cent of irregularities with respect to the regulations on wage protection in the agricultural and horticultural sectors. On the basis of the figures contained in the Government’s report and in the activity report of the General Directorate of Supervision of Social Laws for 2009 (page 142), it notes that the inspection services had revealed 75 irregularities out of the 88 cases examined. The Committee notes once again that illegal pay practices are particularly common in the agricultural sector and recalls that only the introduction of an adequate system of monitoring and sanctions would make it possible to avoid violations and to guarantee the respect of minimum wage rate regulations. It therefore requests the Government to take the necessary measures to ensure that employers and workers are informed of the minimum wage rates in the agricultural and horticultural sectors and to strengthen the system of monitoring and sanctions in these sectors, in accordance with Article 4 of the Convention.

Article 5 and Part V of the report form. Practical application. The Committee notes the information contained in the Government’s report on minimum wage developments in the agricultural and related sectors, between January 2009 and January 2011. It requests the Government to continue providing information on the practical application of the Convention, in particular statistics on the number of agricultural workers paid the minimum wage rate, and extracts from inspection services reports that specifically concern irregularities linked to the payment of minimum wage rates and the measures taken to counter this trend.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 11 of the Convention. Protection of wage claims in the event of bankruptcy. The Committee notes the joint comments submitted by the Confederation of Christian Trade Unions (CSC), the General Federation of Liberal Trade Unions of Belgium (CGSLB) and the General Labour Federation of Belgium (FGTB) concerning the Act on the Continuity of Enterprises of 31 January 2009, which repeals the Act on Judicial Composition Proceedings of 17 July 1997. The new Act allows enterprises in difficulty to opt for judicial reorganization proceedings so as to continue with all or part of their activities. Under these proceedings, the employer–debtor is granted a moratorium that must not exceed six months, with a view to reaching an amicable agreement with the creditors on a restructuring plan that must specify the periods of payment, the reduction of outstanding debts and, if applicable, the conversion of receivables into shares and the differentiated settlement of certain categories of debts, depending on the extent or nature of these debts. This plan has to be approved by the majority of creditors representing at least half of the claims involved. The CSC, the CGSLB and the FGTB, for their part, state that the conditions for approving the reorganization plan do not guarantee that workers are adequately informed of their rights during the proceedings and tend to benefit other creditors, such as banks or large suppliers, to the detriment of wage earners who, in practice, have to bear a reduction of 50–70 per cent of their wage debts, and sometimes even more, under the majority of plans. On the assumption that wages constitute a vital component guaranteeing the subsistence level of workers and their families, the three trade union organizations believe that wage debts should not be exposed to commercial risk or be conditional upon procedures undertaken from a purely market standpoint. In their observations, the CSC, the CGSLB and the FGTB also point out that wage earners, considered as ordinary creditors, have no privileges whatsoever and that the commercial courts, who are the only ones competent in the matter, systematically refuse to apply the Protection of Remuneration Act of 12 April 1965, citing the principle of speciality. The Committee requests the Government to submit comments concerning the joint observations by the CSC, the CGSLB and the FGTB.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Part V of the report form. The Committee notes the statistical data communicated by the Government concerning the total number of inspections conducted and the number of violations reported of the legislation regarding the protection of wages. It notes that the infringements observed represent approximately 10 per cent of all inspected cases. The Committee requests the Government to continue to provide general indications on the application of the Convention in practice, in particular information concerning the sanctions imposed and the results achieved, as well as any other measures taken to reduce the number of violations of the legislation on the protection of wages.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the new collective agreements adopted in the agricultural sector, namely the collective agreement of 29 July 2005 respecting wage and working conditions (joint committee No. 144, agriculture); the collective agreement of 8 February 2006 respecting the wage indexation to consumer prices (joint committee No. 144); the collective agreement of 8 February 2006 respecting wage and working conditions of seasonal and casual workers (joint committee No. 144); the collective agreement of 18 April 2006 respecting wage and working conditions of seasonal and casual workers (joint committee No. 145, horticultural enterprises); and the collective agreement of 29 July 2005 respecting the payment of a single allowance (joint committee No. 132, agricultural and horticultural enterprises).

In addition, the Committee notes that the monitoring of compliance with the wage scales established in collective agreements is entrusted to the Social Inspectorate, and in particular to the General Directorate of supervision of social laws. In this respect, the Committee notes the statistical information provided by the Government on labour inspection visits undertaken to ensure the protection of remuneration. It notes, in particular, that in 98 out of the 120 cases examined in the agricultural and horticultural sectors, that is in more than 80 per cent of the cases, irregularities were identified. It also notes from the information available on the web site of the General Directorate of the Social Inspectorate that the horticultural sector is considered as a sector that causes concern based on three criteria: the average inspection results based on the amount of wages being settled compared to the number of workers examined; the percentage of inspections that have resulted in a notification or judicial proceedings; and the number of complaints compared to the number of workers.

Based on this information, the Committee requests the Government to provide information on measures taken or envisaged to reinforce the labour inspection system and the system of sanctions in order to reduce significantly the number of irregularities with respect to the payment of wages in the agricultural and horticultural sectors.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Further to its previous comment, the Committee notes the Government’s statement that, for technical reasons, it is not possible to determine the precise number of workers remunerated at the monthly average guaranteed minimum wage level (RMMG), or at the lower rate fixed on account of the worker’s age. It notes, however, that efforts have been made in this respect and that they tend to confirm that the number of workers concerned would be insignificant since paid wages are generally higher than the minimum wage set out in collective agreements.

In addition, the Committee notes with interest the detailed information attached to the Government’s report. It notes, for instance, the study by Eurostat relating to wage differences amongst European countries and regions, which shows that, in terms of annual gross salaries, whether in euros or in standards of purchasing power (SPA), Belgium ranks among the top half EU Member States. It also notes another study prepared by Eurostat regarding minimum wages, which shows that, in January 2006, minimum wages in EU Member States varied from 82 to 1,503 euros per month and that, in six countries, including Belgium, the minimum wage was higher than 1,200 euros.

However, the Committee notes that, according to the synthesis report of the Ministry of Labour and Employment on the evolution of minimum wages since 1975, while the RMMG, as at 1 August 2005, stood at 1,234.20 euros for workers above 21 years of age, it was only 1,012.04 euros for those above 18 years of age and 863.94 euros for the workers of 16 years of age or more. In this connection, the Committee recalls its General Survey of 1992 on minimum wages in which it concluded that “the reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age [...] should be regularly re-examined in the light of the principle of equal remuneration for work of equal value”. The Committee notes that the Government has not responded to its previous request for information on this point and therefore once again asks the Government to indicate whether a review of the lower RMMG rates for young workers is envisaged.

Finally, the Committee notes the study on minimum wages at the European level, which was published in August 2005 in the European Industrial Relations Review. According to this study, the minimum wage in Belgium was last revised in October 2004 and no wage increase was planned for 2005. The Committee requests the Government to provide information on the prospect of automatic minimum wage readjustment based on the evolution of the consumer price index.

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

The Committee notes the report provided by the Government. It notes in particular the information supplied on the economic difficulties in the agricultural sector, the fall in the number of employees in the sector and the poor prospects for the development of agriculture. With regard to the legal system and regulations respecting the fixing of minimum wages, the Committee notes the conclusion of the most recent collective agreements in Joint Commission No. 144 for agriculture and Joint Commission No. 132 for technical, agricultural and horticultural enterprises, respectively, and particularly the collective agreement of 27 July 2001 respecting working and wage conditions and the collective agreement linking wages and benefits to the consumer price index. The Committee requests the Government to continue in future, in accordance with Article 5 of the Convention and Part V of the report form, communicating any relevant information relating to compliance with the provisions of the Convention in both law and practice. The Committee would also be grateful to be provided with fuller information on the measures adopted or envisaged with a view to reinforcing the system of supervision and sanctions relating to compliance with the legislation on the protection of remuneration, in the light of the information contained in recent reports on the activities of the labour legislation inspectorate highlighting the illegal employment and remuneration practices for foreign workers which are particularly frequent in the agricultural sector.

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

The Committee notes with interest the Government’s detailed report and the information provided in annex, particularly relating to the adaptation to the new European currency of all the provisions of labour law containing financial references and the fluctuations in wage costs, taking into account the wage margins established by the inter-occupational agreement for the period 2001-02. It requests the Government to provide the information requested on the following points.

Article 1, paragraph 1, of the Convention. The Committee notes that the minimum monthly guaranteed income (RMMG) is applicable to workers of both sexes, aged over 21 years, employed full time for at least one month. It notes that, under the terms of the relevant inter-occupational collective agreements, workers aged between 16 and 21 years are also covered by the RMMG but at a degressive rate of 6 per cent a year below the age of 21 years, while workers who are at least 22 years of age and have one year of occupational experience benefit from an incremented rate of the RMMG. The Committee would be grateful to be provided with information concerning the number of workers covered by reduced rates of the minimum wage and, with reference to paragraph 176 of its General Survey of 1992 on minimum wages, it requests the Government to indicate whether a re-examination has been undertaken or is currently envisaged of the reasons that prompted the adoption of lower minimum wage rates based on the age of workers in the light of the principle of equal remuneration for work of equal value.

The Committee would also be grateful if the Government would continue to provide, in accordance with Article 5 of the Convention, in conjunction with Part V of the report form, general information on the application of the Convention in practice, including for example: (i) changes in the minimum wage rates in force; (ii) the statistics available on the number of workers covered by the regulations respecting minimum wage rates; and (iii) the results of the inspections undertaken (for example, the violations reported, sanctions adopted, etc.).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report along with the attached documentation. The Committee recalls that in its last comment it noted certain concerns of the Government on the relevance of the Convention in the light of the general situation of the Belgian economy and requested the Government to supply information on the measures taken or contemplated to modify the minimum wage fixing machinery and any other measures which would affect the application of the Convention. In its reply, the Government indicates that the legislative machinery and regulations on determining remuneration have not been modified and that collective labour agreements continue to be concluded as before. The Committee notes also the Government’s statement that no measure is currently contemplated to modify wage-fixing systems in Belgium.

The Committee recalls once again that the Convention, far from being a wages policy instrument, merely lays down the basic principles which must be applied to any wage-fixing machinery, for example, the obligation to consult the social partners, the right of organizations of employers and workers to be associated in the operation of the machinery on equal terms, the need for a system of supervision and sanctions and the compulsory character of the minimum wage. Referring to the comments made by the Government in its latest report, the Committee requests it to continue to communicate in future reports information of a general nature on the evolution of minimum wages as well as on any measure affecting the establishment, application or review of methods for fixing and adjusting minimum salaries payable to the groups of wage earners protected by the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its previous direct request, the Committee notes the Royal Order of 3 February 1998 modifying article 19bis of the Royal Order of 28 November 1969 referring to the conditions under which meal vouchers are not to be considered as pay. The Committee requests the Government to provide information in future reports on any significant change in this practice or other measures related to the partial payment of wages in the form of allowances in kind.

In addition, the Committee notes with interest the adoption of the Royal Order of 10 January 1999 by which enterprises already maintaining payroll records in euros are under the obligation throughout the transition period to issue wage statements and keep wage records in both Belgian francs and euros.

Part V of the report form. While noting the statistical information concerning the results of labour inspection with regard to observance of wage protection legislation, the Committee requests the Government to continue to supply information on the application of the Convention in practice, including, for example, extracts of official reports, and information on infringements of relevant laws and regulations reported and sanctions imposed.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's statement to the effect that there have been no important developments in respect of the application of the Convention. The Committee requests the Government to provide general information, in accordance with Article 5 of the Convention and point V of the report form, in respect of the practical application of the Convention in the agricultural sector, including: (i) the minimum wages rates which are in force and, where necessary, the minimum wage rates applied by category of worker; (ii) the available statistical data in respect of the number and the different categories of worker subjected to the regulations governing minimum wage rates; as well as (iii) the results of the inspection services (for example, the violations observed, sanctions imposed, etc.).

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes that the Government refers to a report by the Organisation for Economic Cooperation and Development (OECD) concerning the economic situation in Belgium (cf. ECO/EDR(97)3 produced by the Economic and Development Review Committee) which, among other things, recommends the abolition of automatic indexation and allowing payment of wages below the guaranteed minimum level. The Government considers that it might come under pressure to denounce this Convention owing to the general state of its economy, if it were obliged to follow the principal recommendations contained in the OECD report. The Government considers that the measures advocated in the report would certainly not be compatible with the Convention without a very broad interpretation being given to the terms general or particular authorization of the competent authority (Article 3, paragraph 2(3), of the Convention), which in any case covers only the minimum wages provided for in collective agreements.

2. The Committee recalls that the Convention provides for a framework (the wage-fixing machinery), the general manner in which this machinery operates, and consultation and participation of employers' and workers' organizations on an equal footing. It is the responsibility of the Government ratifying the Convention to adopt the necessary measures that will allow this general framework to function. In this regard, the Committee refers in particular to paragraph 431 of its 1992 General Survey on minimum wages, according to which any adverse effect on employment may result not so much in the obligations imposed by the Conventions or to establish minimum wage-fixing machinery as from the actual amount of the minimum wage which is determined not by the Conventions themselves but by agreement between the parties or by decision of the competent authority in consultation with the parties concerned. This General Study also recalls that such adverse effect is likely only in so far as the minimum wage is unduly high in relation to what economists call equilibrium wage levels.

3. The Committee therefore, while noting the Government's concerns, asks it to provide information on: (i) measures taken or contemplated to modify the minimum wage-fixing machinery or the mode of operation of that machinery; or (ii) any other measures that would affect the application of the Convention.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous comments the Committee notes the Government's explanations concerning the granting of meal vouchers. It also notes under section 19bis of the Royal Order of 28 November 1969, as amended by the Royal Order of 31 January 1994, an allowance in the form of a meal voucher is considered as pay if it is granted as a replacement or conversion of pay, bonuses, allowances in kind or other allowances.

Furthermore, the Committee notes the Government's indication that Parliament is currently debating a Bill on meal vouchers. It therefore asks the Government to provide information on any development in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the summary record of the meeting of the Social Affairs Committee of the Belgian Chamber of Representatives of 15 January 1991 concerning the use of meal vouchers. The Committee notes from the summary record that a motion was adopted declaring the meal voucher system to be contrary to the Act of 12 April 1965 concerning the protection of remuneration and to Convention No. 95. In the same motion, the Chamber asks the Government to take measures within the next 12 months to ensure that all remuneration for work is paid only in accordance with the national law, in both the public and private sectors.

The Committee asks the Government to provide information on the practice as gegards the use of the meal vouchers and on the measures taken or envisaged to apply the above-mentioned motion. It would be grateful if the Government would provide a copy of the Act of 28 December 1969 specifying the nature of the meal vouchers, referred to in the above-mentioned record.