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

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

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.