Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Belgique (Ratification: 1952)

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.).