The Act of 22 April 2012 aimed at fighting against the gender wage gap, published in the Belgian Official Gazette on 28 August, introduces several new requirements with practical implications for companies.
In all companies that must file annual accounts, wage data contained in the annual social report will from now on have to be broken down by workers' gender.
Moreover, in all companies normally employing more than 50 workers, an analysis to determine if the company has a neutral remuneration policy with respect to gender will have to be undertaken every two years. An analysis report, including the wage data broken down by gender, should be provided to the members of the Works Council (WC) or Committee for Prevention and Protection at Work (CPPW) with the annual information. On this basis, the WC (or CPPW) will assess the need to establish an action plan.
Finally, within the same companies, the employer may appoint, on the proposal of the WC (or CPPW), a mediator charged with (i) assisting in the implementation of those new measures and in the drafting of the action plan, if any, and/or (ii) hearing those workers who claim to be victims of unequal treatment in order to find an informal solution with management. A Royal Decree will specify the powers of and skills required from the mediator, as well as its ethical rules.
- Break down wage data by gender in the next annual social report.
- Within companies with more than 50 workers, establish an analysis report concerning the structure of worker's remuneration every two years.