Belgium: The EU Pay Transparency Directive

What is the current implementation status and timing?

The Directive has not yet been implemented in Belgium. It is understood that the negotiators are aiming for end of 2025/beginning of 2026.

Legislative amendments are being proposed to CBA nr 25 (equal pay between men and women for equal work or work of equal value) and CBA nr 38 (guidelines for fair, transparent and non-discriminatory recruitment and selection processes). The group of social partners are also working on a new law to transpose the Directive.

Which workers are in scope?

It is anticipated that national laws will align with the Directive definition of a worker, requiring the existence of an employment contract or employment relationship defined by law, collective agreements, or practice in force in that Member State. It will likely include part-time, fixed-term, temporary agency workers, managers; and where criteria are met, atypical workers (e.g. zero hours, trainees, apprentices, platform workers).

Who will be worker representatives?

We are awaiting further details of implementing legislation.

In Belgium, the size of the workforce dictates the type of employee representation (Works Council, Committee for Prevention and Protection at Work or trade union delegation) and therefore legislation could provide for both company level and trade union representatives to be applicable for these purposes.

Where no worker representatives are in place, it is anticipated that an employer may need to consult with employees directly.

Are there any proposals around the methodology and tools for assessing "equal value"?

There is no current legal requirement to have a job evaluation system in place.

We are awaiting further details of measures to be introduced to align with the Directive. In the meantime, some employer federations are working on tools to help employers carry out an assessment and comply with the Directive. It is anticipated that sector level guidance will be produced, and the Ministry of Social Affairs and Employment may provide online guidance. Some sectors do define job classifications in CBAs at a sector level, and these may provide a starting point for employers determining their own classifications at company level.

Employers should note that representative bodies, such as the Works Council or the Committee for Prevention and Protection at Work will have information and consultation rights, but typically no veto right, as they will not have a co-determination right on such matters.

How is pay defined?

It is anticipated that legislation will clarify what pay elements are included and excluded from the definition of pay. However, it is uncertain how this will be achieved; it may be that the applicable Belgian legislation includes a definition of pay or, alternatively, reference is made to existing laws that already define pay.

Employer federations ae working on tools to assist employers in complying with the Directive. The Ministry of Social Affairs and Employment may also produce online guidance. Pending further clarification employers should refer to existing case law or to already defined concepts of pay, such as in the existing collective bargaining agreement no. 25.

How are the requirements for transparency for job applicants being implemented?

We are awaiting further details of measures to be introduced to align with the Directive.

Click here for current position

The CBA nr 38 currently provides guidelines for fair, transparent and non-discriminatory recruitment, and selection processes. It strives for increased participation of disadvantaged groups in the labour market and diversity in recruitment and selection but does not regulate any pay transparency in recruitment and selection. Many of the provisions in the CBA are moral rules of conduct and are not legally binding.

How are the requirements for transparency for workers being implemented?

We are awaiting further details of measures to be introduced to align with the Directive.

Click here for current position

Belgian law already mandates equal pay for equal work or work of equal value between female and male employees. Employers must ensure gender equality in all aspects of remuneration, including job evaluation and classification systems, which must be gender neutral. This is enforced through CBA nr 25 and the "Law of 10 May 2007," which combat discrimination between women and men.

Additionally, under the Gender Pay Law of 22 April 2012, employers must outline pay differences between men and women in the company’s annual audit ("social balance sheet"), which is publicly available via the National Bank. Employers with at least 50 employees must produce a report every two years, share it with the Works Council or trade union delegation, and discuss it.

How are the gender pay reporting requirements being implemented?

We are awaiting further details of measures to be introduced to align with the Directive; the reporting obligations in the Directive go beyond existing requirements. In particular:

It is currently unknown if legislation bringing the Directive requirements into force will lower the threshold numbers for reporting or bring forward the deadlines for initial reporting and/or provide for greater frequency of reporting from those set out in the Directive.

Current position

Gender Pay Law of 22 Aril 2012 requires:

• All employers to outline pay differences between men and women in the company’s annual audit ("social balance sheet"). This is publicly available via the National Bank.
• Companies employing more than 50 employees must prepare an analysis report of the remuneration structure within their company:
  • Companies employing more than 100 employees must prepare a comprehensive analysis report.
  • Companies employing at least 50 employees, but fewer than 100 employees, may limit themselves to a concise report.

Depending on the results, an action can be drawn up to drive gender equality.

When counting workers for the purposes of the Directive's pay reporting thresholds will only workers of a particular "legal entity" be in scope?

Our current understanding is that there is no definitive answer at present.

It is possible that the technical business unit will need to be considered, which can encompass multiple entities provided they exhibit a certain degree of cohesion, as determined by the legislation on social elections. Alternatively, the threshold may be assessed per legal entity, with no account taken of the "technical business unit".

Do we have details on how the requirement for a joint pay assessment will be implemented?

We are awaiting further details.

Do we have details as to how the Directive obligations will be enforced and potential sanctions?

We are awaiting details of measures to be introduced to align with the Directive.

It is expected that the legislator will impose criminal or administrative fines that will be determined by the Social Penal Code.

Are there any tools or guidance available to support employers in Belgium?

Employer federations are developing compliance tools and sector specific guidance is anticipated. It is possible that online guidance will also be published via the Ministry of Social Affairs and Employment.

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