The legislation concerning the fight against the gender wage gap has been adjusted

On 26 July 2013 an Act modifying the legislation concerning the fight against the gender wage gap was published In the Belgian Official Journal.

The Act of 22 April 2013 is aimed at fighting against the gender wage gap and introduced some measures that, on all levels (inter-professional, industry and company), must lead to this gap being reduced (see our Newsflash of 3 September 2012).

This Act was subsequently made more efficient and executable by the Act of 12 July 2013. The central idea is that the gender wage gap needs to become a permanent theme of the social dialogue on all the three levels of the social negotiations (inter-professional, industry and company).

On company level, an analysis report concerning the wage structure will have to be drafted on a biannual basis and will have to be discussed in the Works Council. From now on this analysis report does, in the event there is no Works Council, no longer need to be presented to the Committee for Prevention at Work but must rather be sent to the Trade Union Representation. The discussion needs to take place within three months after the closure of the service year and before the general assembly.

Finally, from now on also, a failure to communicate the analysis report can be sanctioned by a level 2 criminal sanction as provided by the Social Criminal Code.

> Action point

Companies must draft and communicate an analysis report on a biannual basis or risk being criminally sanctioned.