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Law Amending The Legislation On The Fight Against The Wage Gap Between Men And Women (1)

Original Language Title: Loi portant modification de la législation relative à la lutte contre l'écart salarial entre hommes et femmes (1)

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belgiquelex.be - Carrefour Bank of Legislation

12 JULY 2013. - An Act to amend legislation to combat the wage gap between men and women (1)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Act of 20 September 1948 concerning the organization of the economy
Art. 2. In section 15, (m), of the Act of 20 September 1948 on the organization of the economy, inserted by the Act of 22 April 2012, the following amendments are made:
(a) at 1°, paragraph 2 is replaced by the following:
"This analysis report is provided and reviewed within three months of the year's closing. If the company or legal entity of which it is a member is incorporated in the form of a corporation, the meeting of the business council dedicated to the review of this information is required before the general meeting in which the partners decide on the management and annual accounts. The analysis report is only transmitted to members of the board of business, or if not to members of the union delegation, who are required to respect the confidential nature of the data provided. »;
(b) at 1°, a paragraph shall be inserted between paragraph 2 and paragraph 3, as follows:
"The King sets out the first exercise to which this report will be carried. »;
(c) at 2°, the following sentence is added after the first sentence:
"If there is no business council, the employer will consult with the union delegation if it is appropriate to establish such an action plan. »
CHAPTER 3. - Amendment of the Act of 5 December 1968 on collective labour agreements and joint commissions
Art. 3. Chapter III/1 of the Act of 5 December 1968 on collective labour agreements and joint commissions, which contains sections 50/1 and 50/2, inserted by the Act of 22 April 2012, is repealed.
CHAPTER 4. - Amendments to the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness
Art. 4. Article 4, § 1erParagraph 1erthe Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness, as amended by the Act of 22 April 2012, is replaced by the following:
"Two times a year, before 31 January and 31 July, the Central Council of the Economy and the National Labour Council issue a joint report on the evolution of employment and wage costs in Belgium and in the reference Member States. This report also includes an analysis of the policy on wages and employment of the reference Member States, as well as factors that could explain a different evolution from Belgium. It is also reported on the structural aspects of competitiveness and employment, including the sectoral structure of national and foreign investment, research and development expenditures, market share, geographical orientation of exports, economic structure, innovation processes, economic financing structures, determinants of productivity, training and education structures, changes in the organization and development of enterprises. Where appropriate, suggestions are made for improvements. »
Art. 5. In section 5 of the Act, it is inserted between paragraphs 1er and 2 a paragraph reading:
"Each couple of years, this report also includes an analysis of the evolution of the wage gap between men and women. »
Art. 6. In Article 8 of the same Act, inserted by the Act of 22 April 2012, § 3 is replaced by the following:
“§3. Collective agreements are also concluded within the framework of the fight against the wage gap between men and women, in particular by making the systems of classification of functions, existing or developed after the entry into force of this article, gender neutral. »
CHAPTER 5. - Amendment of the Act of 4 August 1996 on the welfare of workers during the execution of their work
Art. 7. Section 65duodecies of the Act of 4 August 1996 on the welfare of workers during the execution of their work, inserted by the Act of 22 April 2012, is repealed.
CHAPTER 6. - Amendments to the Act of 10 May 2007 to combat discrimination between women and men
Art. 8. In Article 13/1, § 1er, from the Act of 10 May 2007 to combat discrimination between women and men, inserted by the Act of 22 April 2012, paragraph 3 is replaced by the following:
"The calculation of whether a company usually occupies at least 50 workers is carried out in accordance with section 14 of the Act of 20 September 1948 on the organization of the economy. »
Art. 9. In Article 13/1 of the same Law, § 2 is replaced by the following:
“§2. The analysis referred to in § 1er is the subject of a report in accordance with the provisions of Article 15, (m), 1°, of the Act of 20 September 1948 concerning the organization of the economy.
The report is transmitted to members of the board of business or, if not, to the union delegation at least fifteen days before the meeting held for its consideration. »
Art. 10. Article 13/2, § 1er, from the same law, the words "of the Committee" are replaced by the words "of the union delegation".
Art. 11. Section 13/3 of the Act, inserted by the Act of 22 April 2012, is replaced by the following:
"Art. 13/3. It is punishable by imprisonment from six months to three years and a fine of 600 euros to 6,000 euros or one of these penalties only, anyone who prevents the mediator from accessing the social data he needs to carry out his mission.
The employer is civilly responsible for the payment of fines to which its agents or agents have been convicted. »
CHAPTER 7. - Amendments to the Social Criminal Code
Art. 12. In the Social Criminal Code, an article 191/1, which reads as follows:
“Art. 191/1. The absence of an analysis report on the remuneration structure of workers.
It is punishable by a level 2 penalty, the employer, his or her representative or his agent who, in contravention of section 15, (m), of the Act of September 20, 1948 on the organization of the economy, does not communicate, every two years to the board of business, or failing to the union delegation, a report on the structure of remuneration of workers, pursuant to section 13/1 of the Act of May 10, 2007 to combat discrimination against women. »
CHAPTER 8. - Amendments to the Act of 22 April 2012 to combat the wage gap between men and women
Art. 13. Section 6 of the Act of 22 April 2012 to combat the wage gap between men and women is replaced by the following:
“Art. 6. For the purposes of this section,:
1. the commission: the Joint Commission or the Joint Subcommission within the meaning of the Act of 5 December 1968 on collective labour agreements and joint commissions;
2. the agreement: the collective labour agreement;
3. classification: classification of functions;
4. Management: the direction of the analysis and evaluation of collective labour agreements, established within the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation;
5. registration: registration by the Registry of the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation, within the meaning of the Royal Decree of November 7, 1969 setting out the terms of filing of collective labour agreements;
6. the Institute: the Institute for the Equality of Women and Men created by the Law of 16 December 2002;
7. the Minister: the Minister who has the Employment in his duties. »
Art. 14. In the same Act, an article 6/1 is inserted as follows:
"Art. 6/1. The Commission that has entered into a classification convention shall forward to management, within six months of the coming into force of the Act of 12 July 2013 amending the legislation on combating the wage gap between men and women, a coordinated version of the classification currently applicable.
Any agreement amending an existing classification or introducing a new classification shall also be forwarded to management within six months of the date of the registration of this Convention.
Prior to forwarding to management the classification convention, the commission conducts a screening of gender neutrality. »
Art. 15. In the same Act, an article 6/2 is inserted as follows:
"Art. 6/2. § 1er. Management reviews the gender neutrality of the classification submitted to it.
During a period of eighteen months beginning on the date of entry into force of the Act of 12 July 2013 amending the legislation on combating the wage gap between men and women, this examination can be carried out in collaboration with public or private institutions that have expertise in the gender neutrality of classifications, excluding representative organizations of workers and representative organizations of employers.
§ 2. With respect to the conventions existing on the date of entry into force of the Act of 12 July 2013 amending the legislation to combat the wage gap between men and women, management renders a notice within eighteen months of the coming into force of the law mentioned.
§ 3. Management shall render a notice within the time limit referred to in the preceding paragraph, with respect to the conventions that are registered and transmitted to it within seventeen months of the coming into force of the Act of 12 July 2013 amending the legislation to combat the wage gap between men and women.
§ 4. With respect to conventions transmitted after the expiry of the 17-month period referred to in the preceding paragraph, management shall render a notice within six months from the date of receipt of the agreement. »
Art. 16. In the same law, an article 6/3 is inserted as follows:
"Art. 6/3. If, according to the opinion referred to in Article 6/2, the classification is not gender neutral, the commission shall make the necessary modifications within twenty-four months of the notification of the notice.
During the above-mentioned period, the Commission may consult with the management. Management may, in these circumstances, appeal to the Institute.
If the necessary amendments are not made within the twenty-four-month period, management shall inform the Minister and the Institute. The Commission receives a copy of this information.
The Commission has a three-month period to communicate to the Minister and the Institute the reasons for the fact that the classification challenged is still not gender neutral. »
Art. 17. In the same law, an article 6/4 is inserted as follows:
"Art. 6/4. The King determines the execution modalities of this section. »
CHAPTER 9. - Entry into force
Art. 18. This Act comes into force on 1er July 2013.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 July 2013.
ALBERT
By the King:
Minister of Equal Opportunities,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Employment,
Ms. M. DE CONINCK
____
Note
(1) Documents of the House of Representatives:
53-2739-2012/2013:
Number 1: Bill.
No. 2: Amendments.
Number three: Report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary and transmitted to the Senate.
Full report: 6 June 2013.
Documents of the Senate:
5-2143-2012/2013:
No. 1: Project not referred to by the Senate.