Positive actions on discrimination : Publication Royal Decree determining the conditions for positive actions: end of the ambiguity?
On 1 March, the Royal Decree determining the conditions for positive actions was published in the Belgian State Gazette. This Royal Decree now determines the way and procedure in which private companies can implement a positive action plan in their company.
The Belgian anti-discrimination Acts introduced the possibility for companies to introduce a positive action measure. Thus, the possibility was provided for positively discriminating in favour of "disadvantaged groups", which would reduce, eliminate or compensate for the disadvantages suffered by this group.
The legislator provided some conditions. For example, (i) there must be an apparent inequality, (ii) the disappearance of this inequality must be designated as an objective to be promoted, (iii) the positive action measure must be temporary and of such a nature that it disappears as soon as the intended objective is achieved, and (iv) the positive action measure may not unnecessarily restrict other people's rights.
Moreover, the legislator stipulated that a Royal Decree should provide for the situations in which and the conditions under which a positive action measure can be introduced.
On 1 March, a Royal Decree was (finally) published for private companies to determine the manner and procedure for adopting such a positive action plan.
From now on, companies wishing to introduce a positive action plan must do so in the form of a collective bargaining agreement or via a specific act of accession. The positive action plan should indicate how the legal conditions are met. Moreover, the positive action plan must be approved by the Minister of Employment.
Finally, the Royal Decree also provides for the possibility for companies to implement a positive action plan in a different way, chosen by them. Companies have the possibility, but not the obligation, to communicate their plan to the Minister for information.
The old Royal Decree of 14 July 1987 (which made positive actions for women possible) is abolished. The action plans already established on the basis of this Royal Decree remain valid.
> Action point
If you wish to implement a positive action plan in your company, you must now take into account the methods and procedures determined by the Royal Decree on positive actions. The option through collective bargaining agreement and act of accession legally offers the most guarantees.