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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013204185&caller=list&article_lang=F&row_id=1100&numero=1190&pub_date=2013-07-26&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-07-26 Numac: 2013204185 SERVICE PUBLIC FEDERAL employment, labour and social consultation July 12, 2013. -Law amending the legislation on the fight against the wage gap between men and women (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Amendments to the Act of 20 September 1948 on the organisation of the economy article 2. in article 15, m), of the Act of 20 September 1948 on the organisation of the economy, inserted by the Act of April 22, 2012, the following changes are made: a) 1 °, paragraph 2 is replaced by the following: "this analysis report is provided and reviewed within a period of three months following the end of the year. If the company or the legal entity which it belongs is incorporated in the form of a company, the meeting of the Business Council devoted to the consideration of this information takes place must be before the General Assembly during which shareholders decide on management and annual accounts. The analysis report is only transmitted to the members of the Works Council, or default to members of the Trade Union delegation, who are required to respect the confidentiality of the data provided. »;
(b) at the 1 °, a paragraph is inserted between paragraph 2 and paragraph 3, worded as follows: 'The King fixed the first year which this report will address.';
(c) to 2 °, the following sentence is added after the first sentence: "absence of management consulting, the employer shall examine in consultation with the Trade Union delegation if it is appropriate to establish such a plan of action;
CHAPTER 3.
-Amendment of the law of 5 December 1968 on collective labour agreements and joint committees art. 3. Chapter III/1 of the law of 5 December 1968 on collective labour agreements and joint committees, which contains articles 50/1 and 50/2, inserted by the Act of April 22, 2012, is hereby repealed.
CHAPTER 4. -Amendments of the law of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness s. 4. article 4, § 1, paragraph 1, of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, as amended by the Act of April 22, 2012, is replaced by the following: "twice 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 Member States by reference, as well as factors likely to explain a divergent evolution from the Belgium. Is also made report on the structural aspects of competitiveness and employment, particularly with regard to the sectoral structure national and foreign investments, expenditures on research and development, to market shares, to the geographical orientation of exports, the structure of the economy, the innovation process, funding structures of the economy, the determinants of productivity, training and education structures changes in the Organization and development of companies. Where appropriate, suggestions are made for improvements. » Art. 5 A section 5 of the Act, it is inserted between paragraphs 1 and 2 a paragraph worded as follows: "every two years, even-numbered years, this report also includes an analysis of the evolution of the wage gap between men and women."
S. 6. in article 8, of the Act, inserted by the Act of April 22, 2012, § 3 is replaced by the following: "§ § 3 3» Collective agreements are also entered into in the context 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 section, neutral in terms of the kind. » CHAPTER 5. -Amendment of the Act of 4 August 1996 concerning the welfare of workers during the performance of their art work 7. article 65duodecies of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, inserted by the Act of April 22, 2012, is hereby repealed.
CHAPTER 6. -Amendments to the law of 10 May 2007 on combating discrimination between women and men article 8. in article 13/1, § 1, of the law of 10 May 2007 on combating discrimination between women and men, inserted by the Act of April 22, 2012, paragraph 3 is replaced by the following: "for to determine if a business is usually on average at least 50 workers are calculated in accordance with article 14 of the Act of 20 September 1948 on the organisation of the economy."
S. 9. in article 13/1, of the Act, § 2 is replaced by the following: "§ § 2 2» The analysis under in the § 1 was the subject of a report in accordance with the provisions of article 15, m), 1 °, of the law of 20 September 1948 on the organisation of the economy.
The report is transmitted to the members of the Works Council or, failing this, to the Trade Union delegation at least fifteen days before the meeting organized for consideration. » Art. 10 A article 13/2, § 1, of the Act, "of the Committee" shall each time be replaced by the words "of the Trade Union delegation".
S. 11. article 13/3, of the Act, inserted by the Act of April 22, 2012, is replaced by the following: «art.» 13/3. Is punished by imprisonment of six months to three years and a fine of 600 euros at 6,000 euros or one of those penalties only, anyone who prevents the Ombudsman access to social data it needs to perform its mission.
The employer is liable for the payment of the fines to which its servants or agents have been sentenced.
"CHAPTER 7. -Modification of the Code criminal office art. 12. in the social Criminal Code, it is inserted an article 191/1, as follows: «art.» 191/1. The lack of analysis report on the structure of remuneration of workers.
Shall be punished by a penalty of level 2, the employer, his agent or his representative who, in contravention of article 15, m), of the Act of 20 September 1948 on the organisation of the economy, does not communicate every two years to the company, or in default to the Trade Union delegation Council, an analytical report on the structure of remuneration of workers, in application of article 13/1 of the law of 10 May 2007 on combating discrimination between women and men. "CHAPTER 8. -Amendments to the Act of 22 April 2012 to combat the wage gap between men and women articles 13. article 6 of the Act of April 22, 2012 to combat the wage gap between men and women is replaced by the following: «art.» 6. for the purposes of this section, means: 1. the commission: the joint commission or the joint Sub-Commission within the meaning of the law of 5 December 1968 on collective labour agreements and joint committees;
2. the convention: the collective labour agreement;
3. classification: the classification of functions;
4. branch: Directorate of analysis and assessment of the collective labour agreements, established within the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue;
5. registration: the registration by the Registrar of the branch collective labour Relations of the federal public service employment, labour and social dialogue, within the meaning of the royal decree of November 7, 1969, laying down the procedures for deposits of the collective labour agreements;
6. the Institute: the Institute for equality of women and men created by the law of December 16, 2002;
7. the Minister: the Minister who had employment in his or her attributions. » Art.
14. in the same Act, it is inserted an article 6/1 as follows: «art.» 6/1. Commission which concluded a convention on the classification, transmits to the Directorate, within a period of six months from the date of the entry into force of the law of July 12, 2013, amending the legislation on the fight against the pay gap between men and women, a coordinated version of the currently applicable classification.
Any agreement amending an existing classification or introducing a new classification is also forwarded to the Directorate, within a period of six months from the date of the registration of this convention.
Before transmitting to the direction the convention relating to the classification, the commission carries out a prior check on the neutral character in terms of the kind. » Art. 15. in the Act, it is inserted a section 6/2 as follows: «art.» 6/2. § 1. The Directorate examines the neutral character in terms of the kind of classification which is submitted.
Over a period of eighteen months beginning on the date of entry into force of the law of July 12, 2013, amending legislation relating to the fight against the gap salary between men and women, this examination may be carried out in cooperation with public or private institutions who have expertise concerning the neutral character in terms of the kind of classifications , excluding organizations

representative organisations of employers and workers.
§
2. With regard to agreements existing at the date of entry into force of the law of July 12, 2013, amending the legislation on the fight against the wage gap between men and women, branch makes a notice within a period of eighteen months from the date of the entry into force of the aforementioned Act.
§ 3. Directorate shall give an opinion within the time limit referred to in the preceding paragraph, with regard to agreements which are registered and that are transmitted within a period of 17 months from the date of the entry into force of the law of July 12, 2013, amending the legislation on the fight against the pay gap between men and women.
§ 4.
With regard to the conventions transmitted after the expiry of the period of seventeen months referred to in the preceding paragraph, the Directorate shall give an opinion within a period of six months from the receipt of the convention.
» Art. 16. in the same Act, it is inserted an article 6/3 read as follows: «art.»
6/3. If, in the opinion referred to in article 6/2, the classification is not neutral in terms of the kind, the commission provides the necessary changes within a period of 24 months from the date of notification of the opinion.
During the aforementioned period, the commission may consult the direction.
In these circumstances, the direction may appeal to the Institute.
If changes are not made within the period of 24 months, the Directorate informs the Minister as well as the Institute. The commission receives copy of this information.
The commission has three months to communicate to the Minister and to Institute the reasons justifying the fact that the impugned classification is still not neutral in terms of the kind. » Art. 17. in the same Act inserted an article 6/4 as follows: «art.» 6/4. The King determines the modalities for the implementation of this section. "CHAPTER 9. -Entry into force art. 18 this Act comes into force on July 1, 2013.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, July 12, 2013.
ALBERT by the King: the Minister of equal opportunities, Mrs J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM. the Minister of employment, Ms. M. DE CONINCK _ Note (1) records of the House of representatives: 53-2739-2012/2013: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text adopted by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: June 6, 2013.
The Senate documents: 5-2143-2012/2013: No. 1: project not referred by the Senate.