Legislation relating to the fight against the gender wage gap - Analytical report on the wage structure

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Date:
28 May 2014

<p>On 15 May 2014 the necessary decrees for the entry into force of the obligation to draft an analytical report concerning a company's wage structure were published.</p>

On 15 May 2014 the necessary decrees for the entry into force of the obligation to draft an analytical report concerning a company's wage structure were published.

The Act of 22 April 2012 introduced for companies with at least 50 workers the obligation to draft biannually an analytical report concerning their wage structure, and to discuss this in the Works Council or, in the absence thereof, with the Trade Union Delegation. For failing to meet this obligation a criminal penalty was introduced about a year later (see our Newsflash of 3 September 2012 and  19 August 2013). The obligation to draft the analytical report remained, however, a dead letter as long as a Royal Decree did not determine to which year the first report needed to relate or provide the necessary model forms in this respect.

On 15 May 2014 the necessary Royal Decrees were finally published. A first analytical report now needs to be drafted for the financial year closed in 2014 and will exceptionally only relate to one financial year. As of 2015 companies will have to draft such report every two years with the analysis of the wages over two financial years.

The model form on the basis of which this report needs to be drafted has also been published. This form varies depending on whether the company employs 50 employees or more and less than 100 workers, or 100 or more workers.

The report must be provided to the Works Council or Trade Union Delegation and discussed within three months following the closure of the financial year. The discussions will in any case have to take place before the annual general meeting of the shareholders.

Besides the Royal Decrees concerning the mandatory analytical report, another Royal Decree, determining the competences and the deontological rules of the mediator, whom the employer can appoint between his staff on a proposal from the Works Council or, in absence thereof, the Trade Union Delegation, was published on 21 May 2014. The employer can only dismiss this mediator from his position as mediator after the approval of all employee representatives of the WC or the Trade Union Delegation.

The mediator provides advice, hears the employees claiming to be victim of an unequal treatment and proceeds possibly to an intervention by a member of the hierarchy. He is entitled to follow trainings at the expense of the employer. The time spent to these trainings is paid as working time.

 

> Action point

By 31 March 2015 a first analytical report needs to be drafted relating to the financial year closed in 2014. Subsequently, a report needs to be drafted biannually.