Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Belgique (Ratification: 1977)

Discrimination on the basis of sex. Pregnancy and maternity. The Committee previously noted the publication in June 2010 by the Equality between Men and Women Institute (IEFH) of a study entitled “Pregnancy at work: Experience and obstacles encountered by women workers in Belgium”, which concluded that pregnant workers are indeed victims of discrimination at work. The Committee notes the Government’s indication that the number of complaints concerning pregnancy as a proportion of the total number of complaints regarding employment for 2009, 2010 and 2011 remains very high (43.18 per cent, 42.4 per cent and 33.5 per cent, respectively). The Committee requests the Government to take concrete steps to prevent and eliminate discrimination on the basis of pregnancy or maternity in employment or occupation. The Government is also requested to continue to supply information on cases of discrimination relating to pregnancy or maternity handled by the IEFH, the labour inspectorate and the courts, and the results thereof, including the sanctions imposed and remedies provided.

Discrimination on the basis of sex and religion. The Committee notes the adoption on 1 June 2011 of the Act prohibiting the wearing of any clothing that entirely or largely conceals the face. Noting that the implementation of this Act might be discriminatory towards Muslim women who wear a full-face veil in terms of their possibilities of finding and exercising employment, the Committee requests the Government to supply information on the application of the Act in practice, including the number of women who might be affected.

Sexual harassment. The Committee notes from the Government’s report that the number of complaints concerning sexual harassment received by the IEFH considerably increased between 2009 and 2011 (seven against 41, respectively). The Committee requests the Government to supply information on any measures taken to prevent sexual harassment in the workplace and combat this discriminatory practice and on any complaints or cases of sexual harassment in the workplace which have been handled by the IEFH, the labour inspectorate or the judicial authorities and the outcome thereof.

Articles 2 and 3. Promoting gender equality in employment and occupation. Occupational segregation. The Committee notes that the figures in the 2012 report on the “Gender pay gap in Belgium” published by the IEFH show that considerable gender segregation persists in the labour market, both horizontal (men and women are concentrated in different occupations and sectors of activity) and vertical (women are under-represented in managerial positions). As regards vertical occupational segregation, the Committee notes the information supplied by the Government on the “Top Skills” project regarding the increase in the number of women applying for managerial posts and the steps taken by participants to improve their chances of obtaining managerial posts. It also notes the promulgation on 28 July 2011 of an Act establishing a quota of one third for women on the executive boards of public enterprises (as from the entry into force of the Act) and of companies listed on the stock exchange (within a period of six to eight years). The Committee welcomes the adoption on 2 June 2012 of the Royal Order modifying the Royal Order of 2 October 1937 establishing the status of state employees, which aims at promoting the participation of women to high level posts in the civil service. The Committee requests the Government to supply information on the specific measures taken or foreseen to improve the participation rate of women in economic sectors and occupations in which they are under-represented, particularly their participation in a wider range of vocational training courses giving them access in particular to jobs that offer possibilities of advancement and promotion. The Government is also requested to continue to supply information, including statistics, on the results achieved in the context of initiatives aimed at improving the rate of participation of women in managerial posts in the federal administration, and to send information on the implementation and impact of the Act of 28 July 2011 stipulating that at least one third of the members of executive boards of public enterprises and of companies listed on the stock exchange must be of the same sex.

Discrimination on the basis of race, colour, national extraction or religion. The Committee notes that, according to the annual report for 2011 of the Centre for Equal Opportunities and Action against Racism (CECLR), a total of 35 per cent of “employment” cases handled by the Centre are concerned with allegations of racial discrimination, mainly with respect to recruitment. The Committee also notes that the CECLR has sponsored a study on cultural diversity in the workplace which examines what reasonable adjustments have been made on the basis of religious or philosophical convictions in the public and private sectors, and that it is planned to sponsor a follow-up study with a view to finding a reference framework and suitable methods for arriving at a procedure for consultation on this subject. The Committee requests the Government to provide information on the specific steps taken to prevent discrimination on the basis of race, colour, national extraction or religion in employment or occupation. It also requests the Government to provide information on the following points:

• (i) the implementation of the CECLR’s triennial strategic plan for 2011–13, with specific reference to employment and occupation;
• (ii) the conclusions of the follow-up study on cultural diversity sponsored by the CECLR concerning consultation on reasonable adjustments made on the basis of religious or philosophical convictions;
• (iii) the implementation and impact of the “Equality and Diversity” label in companies; and
• (iv) any other measure taken to ensure that ethnic minorities have equal access to vocational guidance and training and to placement services in the private and public sectors.

The Committee requests the Government to supply information on the situation of Roma persons in employment and occupation, including as regards access to education and vocational training for Roma children and young persons.

Affirmative action measures. The Committee previously noted that the adoption of royal orders was provided for by the Anti-Discrimination Act of 10 May 2007 and the Act of 10 May 2007 amending the Act of 30 July 1981 concerning the suppression of certain acts motivated by racism and xenophobia, in order to determine the cases and conditions in which affirmative action measures to prevent or compensate for disadvantages in relation to one of the protected criteria might be implemented. The Committee understands that the royal orders for implementing the anti-discrimination legislation have not yet been adopted and requests the Government to provide information on the status of the adoption of these orders and on the implementation in practice of any affirmative action measures intended to ensure full equality in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Collaboration with the social partners. Collective agreements. The Committee notes the Government’s indication that 38 collective agreements in force contain clauses aimed at combating discrimination and promoting diversity, and that particular attention has been paid in recent years to the suppression of any age-related discrimination in the area of wage fixing. The Committee also notes the adoption of collective agreement No. 99 concerning the level of pay for workers with disabilities, the objective of which is to guarantee that such workers receive remuneration equivalent to that fixed by one or more collective agreements concluded at the inter-occupational, sectoral or enterprise level or through customary practice and applicable to the staff category to which the disabled worker belongs.

In its previous request the Committee invited the Government to take the necessary measures to encourage the social partners to review the list of prohibited grounds of discrimination in collective agreement No. 95 so as to include religion and social origin. It also emphasized the CECLR recommendation according to which the code of practice annexed to collective agreement No. 38 could be taken up in its entirety and supplemented with a view to being appended to collective agreement No. 95, thereby covering all stages of the employment relationship. The Committee notes the Government’s indications that the comments will be forwarded to the National Labour Council. It also notes that the discussion has been deferred until the next interoccupational agreements to enable the social partners, in collaboration with the CECLR, to draw up good practices to incorporate in the code of conduct. The Committee welcomes the conclusion on 3 October 2011 of a collective agreement concerning the code of good practices aimed at preventing discrimination, which applies to temporary work agencies and temporary workers. The Committee requests the Government to supply information on the follow-up action taken by the National Labour Council on the CECLR recommendation concerning the drawing up of a code of conduct as an annex to collective labour agreement No. 95 with a view to preventing discrimination at all stages of the employment relationship. The Committee further requests the Government to provide information on the specific action taken by employers’ and workers’ organizations, especially in terms of awareness raising, to combat discrimination and promote equality in employment and occupation without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Promoting gender equality in the award of contracts involving public expenditure. The Committee notes the Government’s indication that it is planned that the IEFH will conduct an evaluation of the implementation and impact of the recommendations on gender equality in public contracts which have been disseminated to public procurement officials in the federal administration further to the adoption of the Act of 12 January 2007 on gender mainstreaming in federal policies. The Committee also notes that the “gender test” provided for by the Act in order to evaluate the impact of draft legislation and regulations on the respective situations of men and women has not yet been established and that the IEFH is collaborating with other federal departments in the creation of a more comprehensive impact evaluation instrument which would include a gender component. It further notes the Government’s statement that gender mainstreaming coordinators have been appointed in all federal public services and public planning services and that the plan for gender mainstreaming in all policies and monitoring mechanisms will be adopted once the next government with full powers takes up office. The Committee requests the Government to continue providing information on the implementation of the Act of 12 January 2007 and its impact in practice on gender equality in employment and occupation, with particular reference to the following:

• (i) the establishment of the “gender test” or a more comprehensive impact evaluation instrument which includes a gender component;
• (ii) the activities of gender mainstreaming coordinators responsible for monitoring the process of gender mainstreaming in public contracts; and
• (iii) the drawing up of the plan of action for gender mainstreaming in all public policies and the recommendations made in the interim reports and reports at the end of the legislature to improve the effect given to the Act.

Enforcement of anti-discrimination legislation and complaints. The Committee notes the information provided by the Government on the complaints received by the “labour legislation monitoring inspectorate” and on inspections of private employment agencies made by the Flemish labour inspectorate. The Committee also notes the signing of a cooperation agreement “labour legislation monitoring inspectorate” on 22 October 2010 between the CECLR and the labour inspectorate with a view to improving the handling of complaints concerning discrimination at work, especially through information exchange, inquiries, training of inspectors and awareness raising. The Committee requests the Government to continue providing information on the number and nature of the complaints of discrimination in employment and occupation received by the CECLR, the IEFH, the “labour legislation monitoring inspectorate”, and the labour inspectorates of Flanders, Wallonia and Brussels, with an indication of the follow-up action taken (warnings, penalties, etc.), and also information on reports of infringements of the anti-discrimination legislation. The Committee further requests the Government to provide information on the results of the cooperation between the CECLR and the “labour legislation monitoring inspectorate” and also on any other collaboration planned between the labour inspection departments and the specialized anti-discrimination bodies. The Government is also requested to supply information on any training given to labour inspectors to improve their capacity to detect and address discrimination in employment and occupation.

Statistics. The Committee notes the indication in the CECLR annual report for 2010 that the socio-economic monitoring project for identifying the positioning of persons of foreign origin in the labour market is still being developed. The Committee requests the Government to provide information on the establishment of the system of socio-economic monitoring and its operation and to supply the statistical data compiled on the composition of the workforce disaggregated by sex and origin.