Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Gender pay gap. The Committee notes that, according to the summary of the annual report for 2012 published by the Institute for the Equality of Women and Men (IEFH), the wage gap based on the gross hourly wages of all workers in all sectors was 9 per cent in 2008, as against 22 per cent when based on gross annual earnings. Moreover, according to the report, the wage gap is considerably larger when “extra-legal benefits” (supplementary pension paid by the employer, allowance for travel between home and work, share in the capital of the enterprise, etc.) are taken into account, as women have less opportunity to benefit from such advantages and, when they do, are paid much less. The Committee asks the Government to take steps to allow men and women to benefit on an equal footing from the advantages beyond the basic wage and which are paid directly or indirectly, in cash or in kind, by the employer by virtue of their employment. Moreover, since the Government’s report contains no information on the subject, the Committee once again asks the Government to provide information on the measures taken to address the underlying causes of the wage gap between men and women, especially occupational segregation in both vocational guidance and vocational training and placement services and the classification of functions in economic sectors and enterprises, following the recommendation formulated by the IEFH in its 2012 report on the wage gap.

With specific reference to the inequality in wages of which women workers from the countries of the Maghreb and other African countries are victim, according to the IEFH, the Government states that the existence of unequal wages is a reflection of inequalities in the labour market and that, in collaboration with the Flemish, Brussels and Walloon governments, it has called for a study of discrimination against non-Belgian men and women in recruitment procedures. Noting that the conclusions of the study on discrimination against non Belgian men and women were expected by the end of 2011, the Committee asks the Government to provide information on the findings of the study and on the follow-up measures it is considering or has already taken with respect to the unequal wage situation between men and women referred to by the IEFH, especially as it affects workers from the countries of the Maghreb and other African countries.

Enforcement. The Committee notes that, according to information provided by the Government, the number of complaints of discrimination dealt with by the IEFH is quite small (seven cases in 2010). The Committee asks the Government to provide information on the number, nature and outcome of the complaints dealt with by the IEFH, the labour inspectorate and the courts, with details of the penalties imposed, the compensation granted and any other steps taken to remedy the inequalities identified. The Government is also requested to provide information on activities carried out among workers, employers and their organizations to promote awareness of the principle of equal remuneration for men and women for work of equal value and to inform them of the available channels for lodging complaints.