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22 AVRIL 2012. - Act 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 1^er. - General provision
Article 1^er
This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Obligation to negotiate measures to combat the wage gap at the interprofessional level
Art. 2
In Article 4, § 1^erParagraph 1^er, the Act of 26 July 1996 on the promotion of employment and the prevention of competitiveness, the words "and the evolution of the wage gap between men and women" are inserted between the words "and the development of enterprises" and the words ". If applicable,".
Art. 3
Article 6, § 1^erthe same law is supplemented by the following sentence:
"This agreement also sets out measures within the framework of the fight against the wage gap between men and women, in particular by making the systems of classification of gender neutral functions. "
CHAPTER 3. - Breakdown of wage data by kind of workers in the social balance sheet
Art. 4
Article 91, point B "Social Balance", I, paragraph 2, 1°, of the Royal Decree of 30 January 2001 implementing the Code of Societies, is supplemented by a paragraph written as follows:
"The data listed in the above sections are disaggregated by the type of workers. When the number of workers concerned is less than or equal to 3, the breakdown of the section shall not be carried out. "
CHAPTER 4. - Obligation to negotiate measures to combat the wage gap at the sectoral level
Section 1^re. - Sectoral agreements in the context of the fight
against the wage gap
Art. 5
Article 8 of the Law of 26 July 1996 on the Promotion of Employment and Preventive Protection of Competitiveness, as amended by the Law of 26 June 1997, is supplemented by a § 3 written as follows:
§ 3. Collective agreements are also concluded in the context of the fight against the wage gap between men and women, in particular by making gender neutral classification systems. ".
Section 2. - Evaluation of the gender neutral character of the scales of assessment and classification of established functions
Art. 6
In the Act of 5 December 1968 on collective labour agreements and parity commissions, a chapter III/1, including articles 50/1 and 50/2, is inserted and read as follows:
"Chapter III/1. Evaluation of the gender neutral nature of the agreements in the evaluation and classification of functions concluded within the Joint Commission, by the Directorate General Labour Relations of the Federal Public Service Employment, Labour and Social Concertation.
Art. 50/1. The joint commissions that have developed within them, and for their scope, one or more systems of assessment and classification of functions, submit them, within six months of the coming into force of the Act of 22 April 2012 to combat the wage gap between men and women, for advice to the General Directorate Collective Labour Relations of the Federal Public Service Employment, Labour and Social Concertation. Any subsequent amendment to an existing agreement regulating the pay system in the sector will also be forwarded to the General Directorate within six months of the conclusion of the agreement.
The Directorate General examines the gender neutrality of the system that was submitted to it, in particular considering whether it is consistent with the provisions of collective labour agreement No. 25 of 15 October 1975 on equal pay between male and female workers and the "Check-list Non-Sexism in the evaluation and classification of functions" developed by the Institute for Equality of Women and Men.
The Branch shall render its notice within six months of filing.
Art. 50/2. If the notice referred to in section 50/1 refers to elements that are contrary to gender neutrality, the parity commission prepares an action plan to remove, within two years, these contradictions with respect to gender neutrality.
During this period, the relevant Joint Commission may request the advice and services of the Branch referred to in section 50/1 with a view to establishing a gender neutral function classification.
If the gender neutrality contradictions have not been eliminated within two years of the initial notice, the Federal Public Service Employment, Labour and Social Concertation requests the Joint Commission to provide in writing the reasons that the classification in question is still not gender neutral to the appropriate minister. This information is systematically transmitted to the Institute for Gender Equality.
The Joint Commission has a three-month period to provide reasons for the fact that the classification in question is still not gender neutral. ".
CHAPTER 5. - Organization of a mandatory consultation within the company with a view to achieving a gender-neutral sex pay policy
Art. 7
In title II, chapter II, section IV of the Act of 10 May 2007 to combat discrimination between women and men, an article 13/1 is inserted as follows:
"Art. 13/1. § 1^er. The employer of a company usually employing an average of at least fifty workers every two years conducts a detailed analysis of the remuneration structure within the company to determine whether the company conducts a gender-neutral compensation policy and, if not, result in this policy in consultation with the staff delegation.
This analysis is the subject of a study and consultation within the organization in accordance with the provisions of this Act.
The calculation of whether a company usually occupies at least 50 workers is carried out in accordance with sections 49 to 51bis of the Act of 4 August 1996 on the welfare of workers during the performance of their work.
§ 2. The analysis referred to in § 1^er is the subject of a report in accordance with the provisions of Article 15, (m), 1°, of the Act of 20 September 1948 on the organization of the economy or of Article 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 to combat the wage gap between men and women.
This analysis report is provided and discussed within three months of the year's closing.
The report is forwarded to the members of the Board or the Committee at least fifteen days before the meeting held for its consideration."
Art. 8
Section 15 of the Act of September 20, 1948 on the organization of the economy, last amended by the Act of May 6, 2009, is supplemented by (m) as follows:
"(m) 1° to receive from the employer every two years an analysis report on the remuneration structure of workers, pursuant to section 13/1 of the Act of 10 May 2007 to combat discrimination between women and men.
This analysis report is provided, in addition to the information referred to in Article 15 of the Royal Decree of 27 November 1973 regulating economic and financial information to be provided to business councils, and reviewed within the time limit referred to in Article 16 of this Order. The analysis report is only transmitted to members of the board of business, who are required to respect the confidential nature of the data provided.
This analysis report contains the following information, except where the number of workers involved is less than or equal to:
(a) direct remuneration and benefits. For part-time workers, they are expressed in full-time equivalents;
(b) employers ' contributions for extralegal insurance;
(c) the total of other extralegal benefits granted in addition to wages to workers or a portion of workers.
This information, disaggregated each time depending on the type of workers, is distributed according to the following parameters:
(a) status (worker, employee, management staff);
(b) the level of function, divided according to the classes of function referred to in the classification system of functions applicable to the enterprise;
(c) seniority;
(d) the level of qualification or training (repartition in primary, secondary and higher education according to the Eurostat definition and based on the basic diploma of the worker).
The employer shall transmit this information in the manner determined by the King and using a form prepared by the Minister who has the Employment in his or her powers. The King may adapt the list of information and parameters referred to in paragraph 1^er and 2.
The employer also mentions whether, in the development of the compensation structure, the "Check-list Non-Sexism in the assessment and classification of duties" was used; developed by the Institute for Gender Equality.
If an action plan referred to in 2° of this point is applied in the company, the report also includes a progress report on the implementation of the plan;
2° judging the opportunity to establish, on the basis of the information obtained in accordance with the analysis report referred to in 1°, an action plan for the application of a gender neutral remuneration structure within the company.
Where applicable, this action plan contains:
(a) concrete objectives;
(b) areas of action and instruments to achieve them;
(c) the deadline for implementation;
d) a performance monitoring system. "
Art. 9
Article 32, paragraph 1^er, of the same law, last amended by the law of 26 July 2000, is supplemented by a 6° written as follows:
"6° the employer who does not comply with the obligation under section 15, m), and its enforcement orders."
Art. 10.
An article 65duodecies is inserted in the Act of 4 August 1996 on the welfare of workers during the execution of their work, which reads as follows:
"Art. 65duodecies. § 1^er. In the absence of a business council, the employer shall submit to the Committee every two years the analysis report referred to in section 15(m) of the Act of September 20, 1948 on the organization of the economy. The analysis report is only transmitted to Committee members, who are required to respect the confidential nature of the data provided.
If an action plan as referred to in § 2 of this article is applied in the company, the report also contains a progress report on the execution of the plan.
§ 2. Based on the analysis report referred to in § 1^er, the Committee considers the opportunity to establish an action plan for the application of a gender neutral compensation structure within the company.
Where applicable, this action plan contains:
1° concrete objectives;
2° areas of action and instruments to achieve these objectives;
3° the period of realization;
4° a performance monitoring system."
CHAPTER 6. - Designation of a mediator within the company
Art. 11.
In title II, chapter II, section IV of the Act of 10 May 2007 on combating discrimination between women and men, an article 13/2 is inserted as follows:
"Art. 13/2. § 1^er. On the proposal of the board of business or, if not, of the Board, the employer of each company that usually occupies on average 50 workers, as referred to in section 13/1 of this Act, may designate a mediator among the staff members.
It dismisses this function after prior agreement of all members of the board of business or, if not, of the Committee representing the workers.
When no agreement is reached, the employer requests, under the conditions and in accordance with the terms provided by the King, the advice of the Standing Committee on the Work of the Council on Equal Opportunities for Men and Women referred to in Article 13, § 1^erof this Act. If the Board fails to follow the Board's notice, it shall communicate the reasons to the Board of Directors or, where applicable, to the Board.
The Ombudsperson assists the employer, members of the hierarchical line and workers in implementing the measures covered by the Act of April 22, 2012 to combat the wage gap between men and women. In particular, it supports the drafting of the action plan and progress report referred to in Articles 8 and 10.
The Ombudsperson hears the worker who considers to be a victim of unequal pay treatment on the basis of his or her gender and informs him of the possibility of reaching an informal solution by intervening with the head of business or a member of the hierarchical line. The mediator acts only with the agreement of the staff member who requests his intervention.
In no case shall the mediator communicate, as part of his interventions, the identity of the staff member who requested his intervention. It ensures that the data it acquires in the exercise of its mandate as a mediator is confidential. It also respects this confidential character at the end of its mission. The terms and conditions for processing these data fall within the scope of the Privacy Protection Act of 8 December 1992 with respect to personal data processing.
The ombudsman shall exercise his or her function independently and shall not be prejudiced by his or her mission.
The employer ensures that the mediator can perform his mission at all times in a complete and effective manner. It also ensures that the mediator can acquire or improve by training the skills and skills necessary for the exercise of his mission, in particular with regard to the administration of salaries.
The mediator shall take the necessary steps to respect the confidential nature of the personal social data that he or she has become aware of in the course of his or her mission and to ensure that such data will only be used as part of his or her mediation mission.
All data processed may only be retained in a form that allows the identification of the persons concerned for a period not exceeding that required for the purposes for which they are obtained for a maximum of two years.
§ 2. The King shall determine, after the Commission on the Protection of Privacy, the powers of the Ombudsman and the skills required to carry out this function. It also determines the ethical rules to which the mediator is subjected. "
Art. 12.
In title II, chapter II, section IV, of the Act, an article 13/3 is inserted as follows:
"Art. 13/3. Will be sanctioned in accordance with Article 15, 2°, of the Labour Inspection Act of 16 November 1972, 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. "
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 22 April 2012.
ALBERT
By the King:
The Minister of Employment,
Ms. M. DE CONINCK
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2011-2012.
House of Representatives
Parliamentary documents. - Bill No. 53-1675/1. - Opinion of the Privacy Commission, No. 53-1675/2. - Amendments, No. 53-1675/3. Addenda, n^bones 53-1675/4 and 5. - Report made on behalf of the Committee of Opinion, No. 53-1675/6. - Amendments, No. 53-1675/7. - Report made on behalf of the commission, No. 53-1675/8. Text adopted by the Commission, No. 53-1675/9. - Text adopted in plenary and transmitted to the Senate, No. 53-1675/10.
Full report: 8 March 2012.
Senate
Parliamentary documents. - Project not referred to by the Senate, No. 5-1523/1.