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

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the joint observations submitted on 1 September 2022 by the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB).

Articles 1–4 of the Convention. Pay gaps and their causes. Measures to combat pay gaps. The Committee notes the publication, in 2021 as every year since 2007, by the Institute for the Equality of Women and Men (IEFH) and the Federal Public Service for Employment, Labour and Social Dialogue, of the “Report on the pay gap between women and men in Belgium”. The 2021 report is an "extended report" that covers all indicators and also includes policy recommendations. It provides a comprehensive overview of the wage situation of men and women. According to the report, which covers 2018 data, the wage gap based on average gross annual wages was 23.1 per cent (9.2 per cent when adjusted for working time). The most recent data, for 2019 published in December 2021, indicate a wage gap of 22.7 per cent (9.1 per cent when adjusted for working time). As the Government indicates in its report, this shows a slight decrease compared with 2017 (23.4 and 9.4 per cent respectively). The report on the pay gap also reveals the casualization of employment at the lower end of the labour market and emphasizes that women with low pay and part-time work are even more vulnerable than men. Thus, the wage gap between men and women in private sector manual work is 20.6 per cent when corrected for working time and 42.6 per cent without such correction (2019 data). The Committee notes the report's conclusion that a number of obstacles remain to be overcome and recommends, inter alia, (a) making information on wages accessible as a matter of principle; (b) in addition to eliminating the wage gap, continuing to pay sufficient attention to the employment of women, particularly to employment that is as "full-time" as possible; (c) paying particular attention to vulnerable groups, especially women with low levels of education, migrant women and older women; (d) improving the practical implementation of the Wage Gap Act of 22 April 2012; (e) ensuring that efforts made by enterprises in this regard produce more results in practice; (f) introducing penalties with regard to certain legal obligations; and (g) eliminating segregation of the labour market and strengthening women's position therein. The Committee also notes the information provided by the Government on the situation and measures taken at federal level, as well as in the various Regions or Communities of Belgium. It also notes the indication that the Government agreement adopted in September 2020 provides for further steps to be taken to make the Wage Gap Act more effective, including a potential legislative review that would take into account a possible new directive, currently under discussion at the European Union, aimed at improving pay transparency. In this regard, the Committee notes that in their observations the CGSLB, CSC and FGTB echo the finding in the pay gap report that full pay transparency is a crucial weapon in combating pay discrimination. This is because, according to the report, the existence of a taboo on workers' actual wages hinders further progress towards a clear and balanced wage system. Finally, the Committee notes that in its concluding observations adopted in 2022, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the Government review wages in all sectors, apply gender sensitive analytical job classification and evaluation methods, conduct regular pay surveys, and encourage employers to publish a narrative with their gender pay gap data, with a view to better understanding the reasons behind the gender wage gap, and strictly enforce the principle of equal pay for work of equal value in order to narrow and ultimately close the gender pay gap (CEDAW/C/BEL/CO/8, 31 October 2022, paragraph 44(a)). The Committee requests the Government to provide information on the measures taken – and progress made – to:

• (i)combat wage inequality and involuntary part-time work; and
• (ii)implement the recommendations contained in the 2021 report on the pay gap between women and men, particularly those relating to vulnerable groups, the practical implementation of the Wage Gap Act, pay transparency, and combating gender stereotypes.

Gender pay gaps. Other benefits. As in its previous comments, the Committee notes that the wage gap increases considerably when “extra-legal benefits” paid by the employer (contribution to a supplementary pension, allowance for travel between home and work, share in the capital of the enterprise, etc.) are taken into account. The 2021 report on the pay gap by the IEFH and the Federal Public Service for Employment, Labour and Social Dialogue indicates that for many years the pay gap in extra-legal benefits has been higher than the pay gap in more regulated wages, is harder to measure and appears to be highly resistant to policy efforts. The report shows that in 2018: (i) 62.4 per cent of men and 54.9 per cent of women received compensation for their travel between home and work, with an average of 14.8 per cent less for women (a slight increase since 2013); and (ii) 12.3 per cent of men and 8.9 per cent of women received a contribution to a supplementary pension from their employer, with an average of 32.3 per cent less for women (a slight decrease compared with 2013). The report specifies that employer-granted share options can no longer be calculated on the basis of tax statistics, unlike in 2013 and 2014 (2017 report) when the difference in value was 40 per cent in favour of men. The IEFH recommends including in the analytical report other gender indicators that enterprises usually employing a minimum of 50 persons are required to prepare every two years, including the gender proportion of extra-legal benefits granted (in number and in value). The Committee requests the Government to indicate the measures taken or envisaged - including through the preparation and use of the report analysing the pay structure of workers in enterprises and, where applicable, any resulting action plan - to enable men and women to benefit on an equal footing from the advantages beyond the basic wage, whether paid directly or indirectly, in cash or in kind, by the employer.

Articles 2(2)(c) and 3(2). Collective agreements. Revision of job classifications at the sectoral level. Job evaluation. The Committee recalls 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. In this regard, the Committee notes the Government's indications that, in accordance with the Wage Gap Act, the General Directorate of Collective Labour Relations of the Federal Public Service for Employment, Labour and Social Dialogue is drawing up a list of joint committees and sub-committees whose job classification is not gender-neutral and which have not made the necessary changes within the two-year time frame without valid justification. This "name and shame" list is forwarded to the Minister of Employment and to the IEFH. According to the Government, almost all joint committees have a gender-neutral classification. The Committee notes, however, that in their 2021 report on the pay gap, the IEFH and the Federal Public Service for Employment, Labour and Social Dialogue recommend that, to make the Wage Gap Act more effective, clear objectives should be set and monitoring and sanctioning mechanisms introduced: violations of gender-equality obligations should be sanctioned in the same way as other labour law violations. In this regard, they suggest that the labour inspectorate be given broader competencies to identify and sanction wage discrimination in enterprises. The Committee requests the Government to continue providing information on:

• (i)the results of the assessment exercises with regard to the gender neutrality of classifications;
• (ii)the measures taken when assessments have found that classifications are not neutral; and
• (iii)the action taken on the relevant recommendations contained in the 2021 report on the pay gap.

Enforcement. The Committee notes the Government's indication that in 2020 the IEFH received 350 employment-related reports (of which 125 were complaints) and that 31 per cent of such reports concerned discrimination related to working conditions or pay. Between 1 June 2018 and 31 May 2022, the IEFH brought five court cases (yet to be ruled upon), two of which concern situations of comparison between men and women carrying out comparable work. The Committee requests the Government 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 promoting the principle of equal remuneration for men and women for work of equal value.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the joint observations submitted on 1 September 2022 by the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB).

Articles 1 and 2 of the Convention. Gender segregation in education and in employment and occupation. Pay gaps. Scope of comparison. The Committee notes the information provided by the Government in its report on the projects implemented in various regions to combat occupational segregation and, in particular, gender stereotypes in education, training and vocational guidance. It recalls that the Act of 28 July 2011 requires that each sex is guaranteed to be represented by at least one third of the members of the boards of directors of autonomous public enterprises (EPAs) and the National Lottery (these provisions entering into force in January 2012), and also of private enterprises listed on the stock exchange (these provisions coming into force in 2017 for large enterprises and in 2019 for small and medium-sized enterprises). According to the third review of this Act, carried out by the Institute for the Equality of Women and Men (IEFH) in 2019 and cited by the Government, between 2008 and 2017 the proportion of women on the boards of all the enterprises examined rose from 8.2 to 26.8 per cent. In 2017, 66.1 per cent of these enterprises achieved the legally required one third representation of women. As for the federal administration, while the Government indicates that it has achieved the legal target (established by a 2012 Royal Decree) as 35.8 per cent of representatives were women in 2021, the Committee notes that an IEFH study for 2012–17 indicates that Belgium ranked last among the 28 European Union (EU) Member States in 2017 with 18.6 per cent of women at the two highest levels (the positions of chairpersons of management committees and managing directors) compared with 41.7 per cent for the EU. The Committee also notes that, in its "Report on the pay gap between women and men in Belgium" published in 2021, the IEFH recommends "tackling segregation at its roots" by combating gender stereotypes from early childhood onwards, and subsequently in training, vocational guidance and access to employment, both by encouraging girls to opt for traditionally "male" subjects and by raising the status of so-called "female" subjects and facilitating access for boys. The IEFH also notes that the comparative basis for work of equal value is circumvented by the Wage Gap Act of 22 April 2012 since, by focusing on job classifications, the comparison work is carried out at sub-sector level (joint committees) and, in practice, this narrows the comparative basis down to the same enterprise, the same job title and seniority, and so on. The Committee notes that the IEFH calls for the development of an instrument to compare one job of equal value with another, including between different sectors. Broadening the comparative basis for work of equal value is, in its view, a necessary step towards achieving the goal of eliminating the gender pay gap for work of equal value. In this regard, the Committee recalls that ensuring a sufficiently broad scope of comparison is essential for the application of the principle of equal remuneration for work of equal value, given the continued prevalence of occupational gender segregation. It refers to its comments in this regard in paragraphs 697 et seq. of its 2012 General Survey on the fundamental Conventions. The Committee encourages the Government to take steps to ensure that a broad scope of comparison is used when implementing the principle of equal remuneration for men and women for work of equal value. It requests the Government to continue providing information on developments in the gender pay gap, and on any measures to narrow it, in particular on the manner in which occupational gender segregation is addressed.

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

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

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.

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

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.

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

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.

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

Measures to address the gender wage gap. New legislation. The Committee notes with interest the adoption of the Act of 22 April 2012, the aim of which is to tackle the wage gap between men and women. The Act provides for the following: an obligation for enterprises with more than three employees to disaggregate by gender the data to be included in the social balance sheet; an obligation to negotiate measures to tackle the wage gap at inter-occupational and sectoral levels; and the organization of mandatory consultation in enterprises with 50 employees or more with a view to producing a “gender-neutral remuneration policy”. This requires a detailed analysis every two years of the structure of remuneration in the enterprise so as to establish, if the staff representatives deem it necessary, an action plan setting out specific objectives indicating the areas they are to cover and the instruments for obtaining them, a deadline for implementation and a system for monitoring it. The Act also provides for the possibility in enterprises with 50 employees or more of appointing a mediator to assist the employer and the workers in applying the measures to tackle the wage gap and to hear workers’ grievances concerning wage inequality. The Committee asks the Government to provide information on the application of the Act of 22 April 2012 in practice, at sectoral and enterprise level, including any implementing texts and provide details on the appointment of mediators and the outcomes achieved, and on any difficulties encountered in giving effect to the Act.

Articles 2(2) and 3 of the Convention. Collective agreements. Job evaluation. With regard to the implementation of collective agreement No. 25ter of 9 July 2008, which provides that all sectors and enterprises must review and adapt their job classification systems, the Committee notes the information from the Government that certain joint committees have reviewed their job classifications. The Committee notes in this connection that according to the Act of 22 April 2012, the social partners’ inter-occupational agreement and sectoral collective agreements must contain measures to tackle the gender wage gap, in particular by making job classification systems gender neutral. Furthermore, the job appraisal classification systems developed in joint committees must be submitted to the General Directorate of Collective Labour Relations of the Federal Public Service Employment, Labour and Social Dialogue for scrutiny of the gender neutrality of the systems. This is particularly so in the light of collective agreement No. 25 of 15 October 1975 on equal remuneration for men and women workers, and the checklist “Gender neutrality in job classification and evaluation”, produced by the Institute for the Equality of Women and Men (IEFH). If this scrutiny brings to light any elements that are not gender neutral, the joint committee concerned draws up a plan of action to remove them within two years. The Committee asks the Government to provide information on the following points:

• (i) the conclusion of collective agreements and the content of the inter-occupational agreement to tackle the wage gap between men and women;
• (ii) details of the monitoring of job classifications by joint committees and the adoption of gender-neutral job classifications, and the number and content of any action plans produced by joint committees;
• (iii) the dissemination and the use made in practice of the tools developed for enterprises and the social partners, such as the job classification guide and the checklist “Gender neutrality in job classification and evaluation” produced by the IEFH, and the measures taken to provide training for the persons concerned.

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Wage gap between men and women. The Committee notes the detailed information contained in the two latest annual reports on “the remuneration gap between men and women in Belgium” published in 2009 and 2010 by the Institute for the Equality of Women and Men (IEFH). The data show that the remuneration gap calculated based on the gross annual salaries of part-time and full-time workers across all sectors has narrowed only slightly, from 25 to 24 per cent. As in previous years, the reports highlight considerable wage gaps for the different categories of workers and reveal that the largest remuneration gap is found among managers, where the gap is 34 per cent, and 22 per cent of these managers are women. The Committee notes that these reports now contain data disaggregated by nationality, which show that foreign women face double discrimination in terms of wages. The gap between the average gross hourly wage of male foreign workers and that of female foreign workers coming from the same countries is 14 per cent for those from the Maghreb countries and 12 per cent for those from other African countries, while the remuneration gap between female nationals of the Maghreb countries and other African countries and male Belgian workers is 37.9 per cent and 36 per cent respectively. The Committee requests the Government to continue providing up-to-date statistics on the remuneration gap between men and women in all occupational categories and to indicate any measures taken to reduce and eliminate the wage inequalities to which female workers from the Maghreb countries and other African countries are subject.

Implementation of the principle of equal remuneration for work of equal value by means of collective agreements. The Committee notes with interest that collective agreement No. 25ter of 9 July 2008, which revises collective agreement No. 25 on equal remuneration between male and female workers and was made compulsory by Royal Order of 14 October 2008, explicitly provides that all sectors and enterprises must review and adapt their job classification systems (choice of criteria, weighting of these criteria, system of converting their evaluation values into remuneration components), where they are not gender neutral. The Committee requests the Government to provide information on the implementation of these new clauses of collective agreement No. 25 on equal remuneration between male and female workers and on their impact on the job evaluation systems and pay classifications, as well as on the remuneration gap between men and women.

Measures to combat the remuneration gap between men and women and objective job evaluation. The Committee notes that the Minister of Employment and Equal Opportunities has asked all chairpersons of the joint commissions to put the issue of wage gaps back on the agenda of the sectoral negotiations and to tackle the issue of gender neutral job evaluation systems and then to produce a report on the progress made in that regard. The Committee also notes that the National Labour Council has been asked to make arrangements to establish a long-term plan of action by sector to achieve pay equality by 2015 or at the latest by 2019, which aims to establish compulsory wage determination and job classification on a neutral basis in all sectors of the economy. In this regard, in the report on the wage gap published in 2010, the IEFH emphasizes that the planned harmonization of the conditions of service of workers and employees provides an opportunity to restructure completely the job classifications and related salary scales. Finally, according to the Government’s report, it plans to amend the Royal Order of 14 July 1987 introducing measures for the promotion of equal opportunities for men and women in the private sector in order to lay down the minimum content of the equality opportunities plan and the annual report on that issue drawn up in consultation with workers and to adopt a Royal Order amending the model social report for enterprises by disaggregating it by sex. The Committee welcomes these initiatives which demonstrate a firm commitment to tackling the persistent remuneration gap between men and women and requests the Government to provide information on their implementation, as well as on their impact on the wages of men and women, by providing further information on the following points:

(i)    the discussions within the joint commissions on the issue of the wage gap and their impact on the adoption of neutral job classifications;

(ii)   the adoption of the long-term plan on pay equality and the measures taken in the context of that plan;

(iii)  the use in practice of the tools created for enterprises and the social partners, such as the guide on job classification and the non-sexist checklist.

The Committee also asks the Government to indicate the action taken to implement the recommendations made by the IEFH in its 2010 report on the wage gap, concerning the need to combat occupational segregation in vocational training and guidance and placement by professional services, and the measures aimed at women without qualifications, isolated mothers and women who are not European Union nationals.

Enforcement. The Committee notes the information provided by the Government on the number of complaints of pay discrimination processed by the IEFH (6 in 2007 and 7 in 2008). The Committee requests the Government to continue providing information on the complaints received by the IEFH, including the action taken in response to the complaints, the penalties imposed, compensation awarded or any other measures taken to correct the disparities noted. Please also provide a copy of any relevant court decisions.

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

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.

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

1. Remuneration gap between men and women. The Committee notes the statistics provided by the Government in its report detailing the daily earnings of workers disaggregated by sex and branch of economic activity. According to these figures, women made up 40 per cent of the total working population in the first quarter of 2004 yet accounted for 60 per cent of workers in the bottom three pay categories (less than 70 euros per day). Conversely, only 26 per cent of the top earners (more than 150 euros per day) were women. The Committee asks the Government to continue to provide up to date statistics on the position and pay of men and women in all job categories within and between the various sectors in line with its 1998 general observation. Please also provide more detailed information on the measures undertaken to better understand and correct the persistent remuneration gap between men and women workers, along with progress made in this regard.

2. Article 3. Objective job evaluation. Recalling its previous comments on the re-examination of existing job classification systems, the Committee notes that the first phase of the EVA project involving the development and implementation of an equal pay training tool for the social partners was completed in 2004. The second phase of the project, scheduled to begin in July 2005, was to study existing job classification systems in three sectors along with ways to address the additional costs of introducing such a system, the impact on salary structures and the re-evaluation of certain jobs. Given that the results of this study were not available at the time of reporting, the Committee asks the Government to include information in its next report on the outcome of the project’s second phase. Please also include information on the follow-up to the project including the measures taken or envisaged to promote the use of objective job classification systems, and the number of cases, and examples thereof, of classification systems that have been revised in accordance with the principle of equal pay for work of equal value. The Committee again asks for information on the Royal Decree granting fiscal advantages to enterprises that implement gender-neutral classification systems.

3. Part IV of the report form. Judicial decisions. The Committee notes the decision of the Labour Tribunal of Brussels included in the Government’s report. The Committee invites the Government to continue sending information on any administrative and judicial decision involving issues relating to the application of the Convention.

4. Noting that the Government’s report does not contain a response to paragraph 4 of its previous direct request, the Committee again asks for information on the work of the Institute for Job Classification established by the social partners towards developing a new job classification system, in particular for private hospitals and psychiatric institutions.

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

The Committee notes the Government’s reports and the attached information and asks the Government to provide information on the following points.

1. With respect to its previous comments regarding recent statistical data on the earnings of men and women, the Committee notes the Government’s indication that the bi-annual surveys regarding salaries of Statistics Belgium were annualized between 1998 and 1999 and that as a result statistical information since 1999 has been delayed. Noting nevertheless from the report that the gender wage gap is currently about 18 per cent, the Committee asks the Government to provide recent statistical information available on the earnings of men and women in line with its 1998 general observation as soon as it is available. Please also continue to provide information on the measures taken with regard to improving statistical tools following the report on gender remuneration indicators developed during the Belgium EU presidency in 2001.

2. The Committee recalls its previous comments concerning the need to re-examine existing job classification systems in order to overcome under-evaluation of jobs typically performed by women and any resulting pay discrimination. In this regard, the Committee notes with interest the Government’s efforts to promote objective job evaluation through the EVA project, which aims at supporting the social partners in introducing analytical job evaluation methods. It notes in particular the revised information package and the training strategies and programmes developed within this project. The Government is asked to provide information on further activities and the results achieved by this project, including information on the planned assessment of the impact of analytical job evaluation methods used in three pilot sectors and the development of a common analytical system. Please also provide information on the Royal Decree envisaged to introduce fiscal advantages for enterprises introducing gender-neutral classification systems.

3. While noting the Government’s indication that still only a few sectors have introduced analytical and gender-neutral job classification systems, the Committee recalls that the social partners have renewed their commitment in this regard in an inter-professional agreement of 22 December 2000 and that the collective convention No. 25 of 15 October 1975 on equal remuneration of male and female workers has been revised by collective agreement No. 25bis of 19 December 2001, mandating the specialized joint commission under Article 6 of the Convention to play a role in supporting and sensitizing social partners with regard to the issue of job classification. The Committee asks the Government to continue to provide information on the measures taken or envisaged to promote objective job classification systems, including the number of cases and examples where classification systems have been revised in accordance with the principle of equal pay for work of equal value.

4. With respect to its previous comments, the Committee thanks the Government for submitting a translation of the pilot project for the development of a new sectoral job classification for Joint Commission 305.1 (private hospitals and psychiatric institutions). It notes that this project has not been continued due to lack of financial resources. However, the Government indicates that the social partners have established an Institute for Job Classification which continues the development of a new classification system for that sector. Please continue to provide information on this initiative.

5. With regard to enforcement of equal pay provisions, the Committee notes the Government’s indication that no judicial decision has yet been handed down with regard to section 13 of the Act of 7 May 1999 on the equality of treatment between men and women concerning conditions of work, access to employment and opportunities for promotion, access to an independent profession and complementary social security regimes. The Government is asked to continue to provide information on any administrative or judicial decision involving issues related to the application of the Convention.

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

The Committee notes the report of the Government and the attached information.

1. The Committee notes the Act of 7 May 1999 on the Equality of Treatment between Men and Women concerning Conditions of Work, Access to Employment and Opportunities of Promotion, Access to an Independent Profession and Complementary Regimes of Social Security and the information provided in this regard. The Committee notes the Government’s indication that sections 12 and 13 of this Act include the provisions on equal pay previously contained in sections 127 and 128 of the Act on Economic Reorientation of 4 August 1978. It notes that section 13 also provides that measures guaranteeing the conformity of classifications of occupations with the principle of equality of treatment between men and women can be taken by royal decree. The Committee asks the Government to provide any royal decrees adopted under this provision and information on their implementation and enforcement. The Committee notes that no judicial decision has been given in relation to section 128(1) of the Act on Economic Reorientation and invites the Government to supply copies of any decisions given with reference to section 13 of the Act of 7 May 1999. It also notes the information on judicial decisions concerning alleged violations of the principle of equality of remuneration pronounced between 1 June 1998 and 31 May 2000 and asks the Government to provide information on the decisions taken on appeal.

2. The Committee notes that the report on the Federal Employment Policy of 1999, as well as the Government’s report, indicates that inequality between men and women still exists in relation to remuneration, and that this is due to a great extent to the classification systems used. The Committee also notes the conclusions of the study commissioned in 1996 by the Ministry of Employment and Labour, which has indicated the need to revise existing job classification systems. The Committee notes with interest that the Minister charged with Equality of Opportunities has asked the National Labour Council for advice on a series of measures. These include the provision in the 2000 National Action Plan and in the Act giving effect to the Action Plan for a reduction of the social contributions in the sectors conducting a revision of classifications of occupations, where they generate discrimination against women, as well as the establishment of common requirements for the elaboration of all systems of classification. It hopes to be kept informed of all developments on the common requirements as well as on the job classification schemes introduced or envisaged in various sectors indicated in its previous report and on their impact on reducing the wage gap between men and women. The Committee also notes the Pilot Project for the development of a new sectoral job classification, elaborated by the Higher Institute of Labour of the University of Louvain for the Joint Commission 305.1 (private hospitals and psychiatric institutions), and asks the Government to provide information on its follow-up. It will examine this project when it has a translation available.

3. The Committee further notes that, with the inter-professional agreement for the period 1999-2000, social partners undertook to revise the job classification systems in those sectors where these systems determine inequality of remuneration between men and women and to replace them with analytical and gender neutral ones. It asks the Government to provide with its next report a copy of this agreement and any revision of classifications of occupations carried out on this basis by the Joint Commissions and the Sub-Commissions of the Collective Labour Relations Administration. It also asks the Government to provide information on what action it intends to take in relation to the commissions which have not expressed any interest in starting negotiations on the matter.

4. The Committee notes the information concerning the supplementary social security schemes. In particular, the Committee notes that the Act of 7 May 1999 has brought the legislation into conformity with article 141 of the Rome Treaty through the transposition in section III on "supplementary social security schemes" of European Directive 96/97/CE, which modifies Directive 86/378/CE concerning the implementation of the principle of equality of treatment between men and women in the occupational social security schemes. The Committee also notes the entrance into force of article 4, paragraph 2(b), of the Collective Labour Agreement No. 25 of 15 October 1975 on the equality of remuneration between male and female workers. This provides that the notion of remuneration encompasses the benefits paid by non-statutory supplementary social security schemes, which are thus covered by the principle of equality of remuneration. Moreover, it notes that since 29 June 1999 this provision has been applied to all non-statutory supplementary social benefits, including those linked to statutory benefits for which a different regime between male and female workers is in place.

5. The Committee notes the data referring to the federal ministries in the year 1997 included in the report Numerical targets and Indicators and the relevant annex, which show the existence of both vertical and horizontal segregation and the over representation of women among contract employees. On average, women represented 45 per cent of the employees in a federal ministry, but among titular employees their participation was 39 per cent. The Committee also notes that numerical targets to be reached by 2002 relating to women’s recruitment and promotion are set out and policy recommendations to achieve the set targets are indicated, including the possibility of reformulating the "job requirements and profiles" (page 123 of the report). The Committee asks the Government to provide information on the measures taken to reach the set targets and statistical data on the progress relating to women’s presence in the federal ministries. With reference to the private sector, the Committee notes that according to the forthcoming 2001 ILO Yearbook of Labour Statistics in 1998 in the manufacturing sector the hourly earnings of female wage earners were 79 per cent of men’s, while the monthly earnings of female salaried employees were 72 per cent of men’s. Noting the need for more data in order to evaluate the wage gap between men and women and also noting that the most recent statistics included in the Collection of statistical data 1970-98 provided by the Government date back to 1996, the Committee hopes that the Government will be able to provide with its next report most recent statistical data in line with its 1998 general observation.

6. The Committee asks the Government to provide with its next report a copy of the information tool on equality of remuneration For a fair remuneration of your work.

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

The Committee notes the detailed information in the Government's report and the attached documentation.

1. The Committee notes with interest that a general revision of legislation concerning equality of treatment being undertaken is aimed at combining existing legislation with provisions on indirect discrimination, burden of proof, sexual harassment and social security issues into an autonomous piece of legislation concerning equality of treatment. It also notes that, following the advice of the Council on Equality of Opportunity between Men and Women, the Government initiated in 1996 a two-year project entitled "From classification to remuneration", with the aim of analysing good practices in the area of equal opportunity in a number of European countries and examining whether these practices could be introduced in Belgium. Focusing on protection and prevention, the Committee notes the Government's indication that certain conclusions drawn from this exercise concerning the judiciary and job classifications have been inserted in the draft legislation concerning equality of treatment. Noting the Government's indication that draft legislation would be presented to Parliament in 1998, the Committee requests the Government to provide information on the status of this draft legislation, and a copy upon its adoption.

2. The Committee notes with interest the political and legal measures taken to protect and promote equal treatment of men and women workers, especially with regard to improvement of job classification systems. The Committee notes that a study, commissioned in 1996 by the Ministry of Employment and Work, showed that from amongst the 141 sectoral job classifications in existence in Belgium, only 16 per cent had an analytical base. The non-analytical classification schemes were not considered to be gender neutral. The study came to the general conclusion that modernization of sectoral classification schemes was urgently required. The Committee requests the Government to provide it with a copy of this study, as well as information on the manner in which the use of unbiased analytical classification schemes are promoted. The Committee also notes the inclusion, through Royal Decree of 19 December 1996, of the term "classification of occupations" in section 128(1) of the Act on Economic Reorientation (1978), so that it is covered by section 127 of the Act which prescribes equality between men and women with regard to conditions of work. The Committee requests the Government to provide it with information concerning any judicial decisions referring to this new element in section 128(1).

3. The Committee notes the indication in the 1998 Belgium Plan of Action "Investing in People and Employment", which is based on a number of EU Directives on employment, that women work in a restricted number of sectors and jobs and that an important cause of inequality in remuneration can be attributed to outdated job classification schemes which do not take into account the value of female qualifications and attributes. It notes that the social partners have undertaken to review the classification system in those sectors where this system leads to inequality between men and women. It also notes that the Government envisages the introduction of financial incentives for those sectors and companies that introduce a revision of their classification system. The Committee further notes that, in 1996, a campaign was launched, entitled "The salary you deserve -- Towards a correct remuneration of your job", with a view to raising awareness of the social partners in relation to the problems attached to equality of opportunity and job classification schemes. This included the dissemination of a training manual, as well as free training for interested parties, aimed specifically at social conciliators and sector negotiators. With reference to Article 4 of the Convention, the Committee requests the Government to keep it informed on measures taken or envisaged to include the social partners in the protection and promotion of equality between women and men. In this respect, the Committee notes that, within the framework of the implementation of the recommendations contained in the good conduct code for job assessment, 14 sectors have so far adopted new job classification schemes, while such introduction is being studied in one other sector. The Committee asks the Government to provide it with detailed information on these new job classification schemes, including information on the criteria and methods used, particularly for jobs predominantly occupied by women.

4. The Committee notes that, within the framework of social security reform, the Royal Decree of 23 December 1996, in line with EU Directive 79/7/CEE on the progressive implementation of equality in treatment with regard to social security, amends the Act on modernization of social security (1996) to the effect that the retirement age is set at 65 years for both men and women (previously 65 and 60 years respectively) and provides for a transition phase whereby the retirement age for women is raised by one year every three years to obtain formal equality on 1 January 2009. The Committee notes with interest that, by Royal Decree of 13 March 1997, section 64 of Royal Decree of 25 November 1991 concerning unemployment regulations is amended by setting the age, beyond which no benefits under this article can be enjoyed at 65 years for all unemployed persons, while providing for a similar transition phase as mentioned above. It also notes that differences in calculation based on number of years of service between men and women with regard to supplementary pensions have been eliminated through the adoption of the Act concerning supplementary pensions of 6 April 1995.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the detailed information supplied by the Government in its reports and the attached documentation, in particular the decisions handed down recently by the courts and tribunals on the subject of equal remuneration for men and women for work of equal value.

1. The Committee notes with interest that a good conduct code for job assessment was prepared and issued in May 1995. The code, designed as a guide to increase the awareness of negotiators, includes general recommendations on how to translate the minimum rules in practice (social concertation, job descriptions, job classification and determination of job hierarchy) along with specific recommendations for employers, trade union organizations and workers in regard to their role and responsibility in the overall process. The Committee would be grateful if the Government would send with its next report information on the application of these recommendations and the progress made, particularly as a result of the code, in the adoption of gender neutral job classifications.

2. The Committee notes the indications concerning the revision (already carried out and in progress) of the job classification systems in a number of sectors (hotels, restaurants and cafés; textiles and clothing industry; timber and construction; food; health care). Please provide information on the progress of the revision work on job classification systems which is ongoing and contemplated and copies of the collective labour agreements using the new classifications, revised on the basis of non-discriminatory criteria.

3. The Committee notes with interest Opinion No. 8 of 24 May 1996 on equal remuneration for men and women of the Council on Equal Opportunities for Men and Women. The Opinion covers the factors which are at the origin of the wage gap between men and women such as segregation of trades, under-assessment of women's work and the access of women to senior posts and proposes a number of measures which should be taken by the various actors who take part in wage fixing with a view to eradicating this wage gap. Among these measures are strengthening supervision by the inspection of social laws on the question of equal remuneration; making available to workers clear and comprehensible judicial doctrine concerning, in particular, the definition of equal remuneration and the burden of proof; the institution of a conciliation body to hear first complaints and an independent body of experts competent to supply opinions to the judicial bodies; and an annual report from the Ministry of Equal Opportunity Policy regarding the number of complaints, cases withdrawn or discontinued, amicable settlements, and legal cases and their results concerning equal remuneration. The Committee would be grateful if the Government would supply with its next report information on the application of these proposals and their impact in reducing the still considerable gap between men's and women's salaries, especially in the private sector, where women labourers still earn 75 per cent of male labourers' earnings and non-manual women workers earn 67 per cent of the salaries of their male counterparts.

4. With reference to its previous comments, the Committee notes the measures taken to apply the decision of 17 February 1993 of the Court of Justice of the European Communities concerning the pre-pension indemnities granted under a collective agreement, which deprives women over 60 years old, but not men, of the possibility of receiving a supplementary pre-pension allowance (according to this decision, the allowance constitutes remuneration). Noting that the Government indicates that in the very near future it will submit a solution to put an end to discrimination in respect of pre-pension payments and that it has committed itself, within the framework of reform and modernization of the social security system, to achieve equality of treatment between men and women in regard to pensionable age and methods of calculation, the Committee requests the Government to supply it, in the framework of reports on application of Convention No. 111 and the Conventions relating to social security, with information regarding the effects of the social security reform on the eradication of all discrimination on the basis of sex on the subject of pre-pension payments as well as of age and the means of calculating retirement pensions.

5. The Committee notes with interest the 1991-92 activity report of the Positive Action Unit of the Ministry of Employment and Labour and the copies of the collective labour agreement concerning positive action in favour of women in a number of enterprises. The Committee would be grateful if the Government would supply, with its next report on the application of Convention No. 111, the latest annual activity report of the Positive Action Unit and information on the adoption and implementation by enterprises of positive action plans, particularly through the conclusion and application of collective agreements concerning the initiation of positive action with a view to promoting equality between women and men in regard to access to vocational training and employment, conditions of employment, including equal remuneration for work of equal value.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in the Government's report.

1. The Committee notes that there are still differences in the average wages of men and women, which can be attributed to structural causes. The Committee notes that this is borne out by the wage statistics published in the ILO Bulletin of Labour Statistics (1993-94), according to which, in 1991, average monthly earnings were 99,609 Belgian francs for men and 63,908 Belgian francs for women in the sectors other than agriculture, and respectively 101,007 Belgian francs and 64,116 Belgian francs in the manufacturing industries. It notes with interest the Government's indication that, in order to remedy the situation, workers' organizations are endeavouring, through collective bargaining, to obtain access for women to posts and functions still reserved for or largely occupied by men; to bring up wage levels in the so-called "female" sectors; to implement positive action plans and plans to upgrade certain occupations usually filled by women; and to increase the minimum sectoral and interoccupational wage. It also notes that employers' and workers' organizations have adopted an equalization strategy for job classifications and that they attach particular importance to analysing and reviewing these classifications, which they consider to be responsible for many of the differences in men's and women's wages.

The Committee would be grateful if the Government would provide with its next report detailed information on progress made in adopting and applying the above-mentioned measures envisaged by workers' organizations, including the review of the job classifications that is planned as part of the equalization strategy, and their impact in narrowing the wide differential between the average earnings of men and women, particularly in activities outside the agricultural sector and in the manufacturing industries.

2. The Committee notes that the text amending section 116 of the Act of 4 August 1978, which allows occupational social security schemes to be excluded from equal treatment for men and women, has not yet been adopted. It notes the Government's indication that this text serves merely to adapt the legislation formally to the case law of the Court of Justice of the European Community and will not change the development of national case-law. It asks the Government to provide details of the consequences of the amendment of section 116 of the Act of 4 August 1978 on the elimination, in practice, of inequalities in the treatment of men and women in occupational social security schemes, and in particular to indicate whether this section, as amended, could still be construed by the national courts as a justification for discrimination against women in respect of the elements of remuneration linked to occupational social security schemes.

3. With reference to its previous comments, the Committee notes the Government's indication that the National Labour Council claims that its construction (communication No. 5 of February 1991) of section 4 of Collective Agreement No. 25 of 15 October 1977 is consistent with Community Directive No. 86/378, respecting equal treatment in social security schemes. The Committee also notes that, by a decision of 17 February 1993, the Court of Justice of the European Community considered that the pre-pension indemnities granted under the National Labour Council's Collective Agreement No. 17 of 19 December 1974 constitute remuneration within the meaning of Article 119 of the Treaty of Rome. According to the Government, however, such indemnities are still sometimes granted at different ages for women and for men (before age 60) and refused to women after the age of 60. The Committee notes with interest that a solution will be found in cooperation with the social partners. It asks the Government to indicate the measures taken, in cooperation with the employers' and workers' organizations, to give practical effect to the decision of the Court of Justice and Directive No. 86/378.

4. The Committee notes from the last annual report (1990) of the labour law inspectorate that only two inconsistencies were noted in respect of equal treatment for men and women, and asks the Government to continue to provide information on the practical effect given to the Convention, particularly as regards the activities of the labour inspectorate and developments in the case law on these matters.

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

The Committee has taken note of the Government's report, the information it contains in response to the Committee's previous comments, and the various documents supplied as annexes.

1. With regard to the practical application of equal remuneration, the Committee notes that the difficulties previously mentioned by the Government persist. In particular the Committee notes that, according to the Government's report, the principle of equal treatment for men and women with regard to all aspects and conditions of remuneration (embodied in the Directive of 10 February 1975 of the Council of the European Communities) and in occupational social security schemes (embodied in the Council Directive of 24 July 1986) is not yet fully applied. It notes further that the Government mentions the persistence of wage differences between men and women in certain undertakings, as revealed by certain surveys made on the subject.

The Committee takes note of the Government's intention to adopt measures to continue improving the implementation of those principles stage by stage. It asks the Government to continue to keep it informed of the measures taken to apply the principle of equal remuneration for men and women for work of equal value and of the judicial decisions which give practical effect to equal remuneration without restriction as prescribed by the Community directives.

2. The Committee asks the Government to transmit, as soon as it is adopted, a copy of the legislative text to amend section 116 of the Act of 4 August 1978 under which occupational social security schemes may be exempted from equal treatment for men and women.

3. With reference to communication no. 5 from the National Labour Council, the Committee understands that section 4, subsection 2(b), of Collective Labour Agreement No. 25 of 15 October 1975 (concerning non-legal supplementary social security emoluments associated with legal benefits where there is at present a difference in regime between men workers and women workers) will come into force immediately upon the adoption of the aforementioned text of law, subject to the conditions laid down in the supplementary pension schemes in relation to age or elements of actuarial calculation. The Committee asks the Government to supply detailed information on that subject and to indicate whether discrimination in the elements of remuneration may persist in the case of women through that interpretation of the collective agreement.

4. In its previous comments the Committee noted that, according to the Government's reports, the main source of indirect discrimination was that the criteria for evaluating the value of different jobs still carried certain assumptions based on whether the job was typically performed by men or by women. The Committee notes with interest the Government's statement that working groups have been set up in undertakings to reappraise their workers' functions and vocational classifications with a view to the effective equalisation of women's and men's wages. The Committee asks the Government to indicate the measures contemplated to extend these means of appraisal to all undertakings in which functions and vocational classifications are still established according to individual characteristics.

5. The Committee asks the Government to continue supplying information on the application of the Convention in practice, in particular on the activities of the labour inspection services (nature and number of violations detected, recourse to judicial or administrative authorities, etc.).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes with interest the detailed information contained in the Government's reports for the periods ending 30 June 1987 and 30 June 1989.

2. In its previous comments, the Committee requested copies of any opinions provided to courts on the provisions of legislation, and a copy of Collective Agreement No. 25 on equality of remuneration between men and women, in both the public and private sectors, as well as copies of judgements handed down by courts in this connection. The Committee notes in this respect the information on jurisprudence in Belgium, contained in the publication "Equality between men and women: Basic documentation" (1989 edition), showing actions by tribunals under both internal Belgian law and under the Treaty of Rome. The Committee requests the Government to continue to provide such information in its future reports.

3. The Commitee notes the information in the reports concerning the implementation of Directive No. 86/378 of 24 July 1986 of the Council of the European Communities, concerning equality between men and women in occupational social security schemes. The Government has indicated that the necessary measures are still under preparation and that title V of the Economic Reform Act of 4 August 1978 will have to be amended. It notes further that, because of this Directive, Collective Agreement No. 25 henceforth applies to the benefits provided for in such schemes. Finally, it notes the decision of 24 May 1989 by the Labour Tribunal of Nivelles, on the basis of this Directive. The Committeee requests the Government to keep it informed of the measures taken to implement the Directive, and of further developments in the jurisprudence.

4. The Committee had noted in its earlier comments the efforts being made by the Government and the social partners to eliminate indirect discrimination against women, from collective agreements in particular. It notes from the Government's reports that these efforts have continued, and that the main source of indirect discrimination which still exists is that the criteria for evaluating the worth of different jobs still carry certain assumptions based on whether the job is typically performed by men or women. The Committee hopes that the Government will continue to provide information in its future reports on further progress in implementing the principle of equal pay for work of equal value.

5. Please continue to supply information on the application in practice of the Convention, and in particular on cases of violation of the principle noted by the labour inspectorate.