Belgium
Is there any existing legal requirement to report on any gender pay gap?
Yes.
If so, what are the requirement triggers?
Companies that usually employ at least 50 employees on average must undertake a detailed analysis of the remuneration structure within the company. The report can be comprehensive or concise, depending on whether the company has more or less than 100 employees. The analysis should make it possible to determine whether the company pursues a gender-neutral remuneration policy.
What frequency of reporting is required?
The companies required to make a detailed analysis of the remuneration structure within the company must do so every 2 years, by 31 March of the year following the two financial years covered in the analysis.
Is the report required to be published externally?
No.
Is there a sanction for non-compliance with the duty to report?
No, although an employer that fails to share the analysis with the Works Council or union delegation may face a Type 2 sanction (criminal fine of € 400 to € 4.000, or an administrative fine of €200 to €2.000).
Has Belgium yet fully transposed the requirements of the Pay Transparency Directive? If yes, what was the implementation date and what is the name of the legislation?
No.
If the Pay Transparency Directive has not yet been transposed, what steps have been taken towards implementation?
At regional level, a new decree (amending an existing decree on combating certain forms of discrimination) applicable to employers within of the public sector of the French Community in Belgium, has made changes that aligns the current legislative framework with some elements of the Pay Transparency Directive. So far, such changes at regional level have only affected public sector employees.
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