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

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

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.