Last week, in the wake of International Women’s Day, the Flemish government approved a – very partial – implementation of the Pay Transparency Directive.
The bulk of the transposition work is still to be done by the federal government and the social partners in the National Labour Council, and on these fronts, things are still awfully quiet.
But the three regions in Belgium also have (limited) powers in this matter. These powers include the authority to impose sanctions on companies which do not comply with their obligations as imposed by the Directive.
According to the Flemish Minister for Equal Opportunities, Caroline Gennez, on average, women in Belgium earn seven per cent less than their male counterparts. European data speak of a smaller gap, but numbers vary across sectors. Within the limits of her powers, the Minister has addressed this topic by issuing a draft decree that was approved by the Flemish government last Friday. The Minister commented on the decree with the following: “Equal pay for equal work is only logical, and it’s the foundation for a more equal and fairer society. Women are still paid less for the same work. Employers get away with this far too often. That has to stop. Pay transparency is important, and employers who refuse to disclose pay information and deliberately discriminate should be punished with fines.”
The draft decree imposes criminal or administrative fines (the amount of which is at this point unknown) on companies that do not comply with their obligations with respect to pay transparency.
The decree is still to be voted on in the Flemish Parliament. We will keep you updated with further details as and when more becomes known. Meanwhile, if you have any further questions around pay transparency, please visit our dedicated Pay Transparency Support & Resources page on our website or reach out to our team of experts.