Posted the: 2012-08-28 Numac: 2012204357 SERVICE PUBLIC FEDERAL employment, labour and social dialogue April 22, 2012. -Law aimed at combating the wage gap between men and women (1) ALBERT II, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1 this law regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Obligation to negotiate the measures against the wage gap at the interprofessional level s.
2. in article 4, § 1, paragraph 1, of the Act of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, the words "and to the evolution of the wage gap between men and women" shall be inserted between the words "and the development of enterprises"and the words". If applicable, "."
S. 3. article 6, § 1, of the same law is completed with the following sentence: "this agreement also establishes measures within the framework of the fight against the wage gap between men and women, in particular by making the systems of classification of neutral functions in terms of the kind."
CHAPTER 3. -Breakdown of data according to the kind of workers in the social balance sheet art.
4. article 91, point B "Bilan social", I, paragraph 2, 1 °, of the royal decree of 30 January 2001 implementing the companies Code, is supplemented by a paragraph as follows: "the data listed in the topics above are broken down according to the kind of workers. When the number of workers is less than or equal to 3, the breakdown of the topic should not be carried out."
CHAPTER 4. -Obligation to negotiate the measures against the wage gap at the sectoral level Section 1st. -Sectoral agreements in the fight against the pay gap article 5. article 8 of the law of 26 July 1996 concerning the promotion of employment and the preventive safeguarding of competitiveness, as amended by the Act of 26 June 1997, is supplemented by a paragraph 3 as follows: "§ § 3 3" Collective agreements are also concluded in the context of the fight against the wage gap between men and women, in particular by making the systems of classification of neutral functions in terms of the kind. "."
Section 2. -Evaluation of the neutral character in terms of the kind of the scales of assessment and classification of the established functions s. 6. in the law of 5 December 1968 on collective labour agreements and joint committees, it is inserted a chapter III/1, comprising articles 50/1 and 50/2, and read as follows: "chapter III/1. Evaluation of the neutral character in terms of the kind of conventions on assessment and classification of the functions concluded within the joint commission by the Directorate General Collective Labour Relations of the federal public Service employment, labour and social dialogue.
S. 50/1. JABs who developed internally, and to their scope of application, one or more systems evaluation and classification of functions, submit them, within six months of the entry into force of the Act of April 22, 2012 to combat the wage gap between men and women, for opinion to the Directorate General Relations collective work of the Service public federal employment Labour and social dialogue. Any subsequent amendment of an existing agreement regulating the system of remuneration in the sector will be also forwarded to the branch within a period of six months from the conclusion of the convention.
Branch examines the neutral character in terms of the kind of system which it had been submitted, examining in particular whether it complies with the provisions of the collective labour no. 25 of 15 October 1975 on equal remuneration between male workers and female workers and the "check-list gender neutrality in the assessment and the classification of the functions developed by the Institute for the equality of women and men.
The Directorate General shall deliver its opinion within a period of six months after the filing.
50/2. If the notice referred to in section 50/1 State of contrary to the neutrality of the genre, the Joint Appeals Board prepares an action plan to remove these inconsistencies relating to the neutrality of the kind within a period of two years.
During this period, the relevant Joint Committee may seek advice and the services of the Directorate-General referred to in article 50/1 to establish a neutral classification of functions in terms of the kind.
If the contradictions concerning the neutrality of the genre were not deleted in the two years after the initial notice, the federal public Service employment, labour and social dialogue instructs JAB to communicate in writing justifying reasons that the offending classification is still not neutral in terms of the kind to the competent Minister. This information is systematically transmitted to the Institute for equality between women and men.
The joint commission has a period of three months to communicate the reasons justifying the fact that the offending classification is still not neutral in terms of the kind. "."
CHAPTER 5. -Organization of a mandatory consultation within the company towards a compensation policy sexually neutral in terms of genre art. 7. in title II, chapter II, section IV of the law of 10 May 2007 on combating discrimination between women and men, it is inserted an article 13/1 as follows: "article 13/1. § 1. The employer of a company usually occupying on average at least fifty workers performs a detailed analysis of the structure of remuneration within the company every two years to determine if the company has a policy of neutral compensation in terms of the kind and, if such is not the case, applied in consultation with the delegation of the staff.
This analysis is the object of a study and consultation within the Organization in accordance with the provisions of this Act.
To see if a company typically occupy on average at least 50 workers are calculated in accordance with articles 49 to 51bis of the welfare of workers Act of 4 August 1996 during the performance of their work.
§ 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 or of section 65duodecies of the welfare of workers Act of 4 August 1996 during the execution of their work, inserted by the Act of April 22, 2012 to combat the wage gap between men and women.
This analytical report is provided and discussed in the three months following the end of the year.
The report is transmitted to the Board of company or Committee members at least fifteen days before the meeting for consideration."
S. 8. article 15 of the Act of 20 September 1948 on the organisation of the economy, as last amended by the Act of May 6, 2009, is supplemented by m) as follows: "m) 1 ° receive employer every two years a report of analysis 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."
This analytical report is provided in addition to the information referred to in article 15 of the order royal 27 November 1973 regulating economic and financial information to provide to the business councils and discussed within the time limit referred to in article 16 of this Decree. The analysis report is only transmitted to the Works Council members, who are required to respect the confidentiality of the data provided.
This analysis report contains the following information, except where the number of workers concerned is less than or equal to 3: a) the remuneration and direct social benefits. For part-time workers, these are expressed in full-time equivalents.
(b) the employer's contributions for extra-legal insurance;
c) total other extra-legal benefits in addition to wages to workers or a part of the workers.
This information, each time disaggregated on the basis of the kind of workers, are provided according to a distribution based on the following parameters: a) status (worker, employee, staff management);
b) the level of function, distributed following the function classes mentioned in the classification of the functions system applicable in the company;
(d) the level of qualification or training (in primary, secondary and higher education according to the Eurostat definition and distribution based on the basic of the worker diploma)).
The employer passes this information according to the procedures laid down by the King and using a form established by the Minister who had employment in his or her attributions. The King may adapt the list of the information and settings referred to in paragraphs 1 and 2.
The employer also mentions if, during the development of the compensation structure, it was use of the check-list gender neutrality in the assessment and the classification of the functions";
developed by the Institute for the equality of women and men.
If a plan of action referred to the 2 ° of the present point is application in the enterprise, the report also provides a progress report on execution of the said plan;
2 ° to judge the advisability of establishing, on the basis of the information obtained pursuant to the analysis report referred to in 1 °, a plan of action for the implementation of a compensation structure neutral in terms of the kind within the company.
Le_cas_echeant, this action plan contains: a) the concrete objectives;
b) areas of action and instruments to achieve them;
(c) the time frame;
(d) a system of monitoring of execution."
S. 9. article 32, paragraph 1, of the Act, as amended, as last amended by the Act of July 26, 2000, is complemented by a 6 ° as follows: "(6° l'employeur qui ne respecte pas l'obligation prévue par l'article 15, m), and its execution decrees."
A 65duodecies article 10 is inserted in the Act of 4 August 1996 concerning the welfare of workers during the performance of their work, as follows: "article 65duodecies. § 1. A_defaut_de consulting, the employer gives every two years to the analysis report referred to in article 15 Committee m), of the Act of 20 September 1948 on the organisation of the economy. The analysis report is only transmitted to the members of the Committee, who are required to respect the confidentiality of the data provided.
If a plan of action as referred to in § 2 of the present article is application in the enterprise, the report also contains a progress report on the execution of the said plan.
§ 2. On the basis of the analysis report referred to the § 1 the Committee considers whether to establish a plan of action for the implementation of a compensation structure neutral in terms of the kind within the company.
Where appropriate, this action plan contains: 1 ° the objectives;
2 ° the areas of action and instruments to achieve these objectives;
3 ° the period of realization;
"4 ° a runtime tracking system."
CHAPTER 6. -Appointment of a mediator within the company art. 11. in title II, chapter II, section IV of the law of 10 May 2007 on combating discrimination between women and men, it is inserted a section 13/2 as follows: "article 13/2. § 1. On proposal of the Board of company, or in default, of the Committee, the employer of each undertaking which employs usually average 50 workers at least, as referred to in article 13/1 of this Act, may appoint a mediator among the members of the staff.
He resigns this function after prior agreement of all members of the Board of company or, Alternatively, of the Committee representing workers.
When no agreement is reached, the employer asks, under the conditions and according to the conditions laid down by the King, the opinion of the Committee on permanent work of the Council of equality of opportunities between men and women referred to in article 13 § 1 of this Act. If he does not follow the opinion of this Committee, it communicates the reasons the Board of company or, where appropriate, to the Committee.
The mediator helps the employer, the members of the line management and workers to apply the measures provided for by the law of April 22, 2012 to combat the wage gap between men and women. In particular, it brings its support to the drafting of the action plan and of the progress report referred to in articles 8 and 10.
The Ombudsman hears a worker who considers to be victim of unequal treatment in pay matters on the basis of its kind and informs him of the possibility of reaching a solution on an informal basis with the Chief business or a member of the hierarchical line. The Ombudsman is only with the agreement of the staff member requesting its intervention.
In no case the Ombudsman does provide, in the context of its interventions, the identity of the Member of staff who asked for his intervention. It ensures the confidentiality of the data it acquires in the course of the Ombudsman's mandate. It also respects this confidential nature at the end of its mission.
The procedures for processing these data fall within the scope of application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The Ombudsman performs its function independently and cannot harm because of its mission.
An employer must ensure that the Ombudsman can at all times fulfill its mission in a comprehensive and effective manner.
It also ensures that the Ombudsman can acquire or improve by training the skills and abilities necessary for the exercise of his mission, in particular as regards the administration of salaries.
The Ombudsman takes the necessary measures to respect the confidential character of the social personal data of which he is aware in the exercise of his mission and in order to guarantee that these data will only be used in the exercise of his mission of mediation.
All processed data can be kept in a form which permits identification of the persons concerned for no longer than is necessary for the achievement of the aims for which they are obtained and for a maximum duration of two years.
§ 2. The King determines, after obtaining the assent of the Commission on the protection of privacy, the powers of the Ombudsman as well as the skills required to exercise this function. It also determines the rules of conduct to which the Ombudsman is subject."
12. in title II, chapter II, section IV, of the same Act, it is inserted an article 13/3 as follows: "article 13/3. Will be sanctioned in accordance with article 15, 2 °, of the law of 16 November 1972 concerning the Labour Inspectorate, 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."
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on April 22, 2012.
ALBERT by the King: the Minister of employment, Ms. M. DE CONINCK sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives parliamentary Documents. -Proposal of Act, no. 53 - 1675/1. -Opinion of the Committee for the protection of privacy, no. 53 - 1675/2. -Amendments, no. 53-1675/3. Addenda, Nos. 53-1675/4 and 5. -Report on behalf of the Advisory Committee, no. 53-1675/6. -Amendments, no. 53-1675/7. -Report on behalf of the Committee, no. 53-1675/8. Text adopted by the commission, no. 53-1675/9. -Text adopted in plenary meeting and transmitted to the Senate, no. 53-1675/10.
Full report: March 8, 2012.
Senate parliamentary Documents. -Project not referred by the Senate, no. 5-1523/1.