ELA EU Pay Directive
BELGIUM
Legislation Addressing the EU Pay Directive
Succinct summary of the legislation:
Belgium missed the 7 June 2026 transposition deadline; there is no federal private‑sector transposition act in force yet.
The survey only refers to the very limited legislation for the private sector that might be relevant on the broader topic of equal pay and information requirements.
For the public sector, there is some limited legislation transposing the Directive, but the questionnaire focuses on the private sector only.
Draft legislation implementation:
No gold plating identified; a proposal for a resolution explicitly asks that the implementation does not go beyond what the Directive foresees. No draft texts of legislation available at this point.
Recruitment and job applicants
What information must an employer provide to job applicants in relation to pay (i.e. what does "initial pay range" include – basic pay, bonus, family leave payments, pension, stock options, etc)?
Applicants must be treated equally.
A job vacancy/offer does include the nature of the role, the requirements to perform the role, the place where the role is to be performed (in principle), where applicable the intention to build up a recruitment reserve, and the manner in which applications can be submitted. It is not currently mandatory to mention salary ranges in job vacancies.
Transparency of pay and pay progression policy
What information must an employer make available to workers about workers’ pay, pay levels and pay progression under local law?
An act of 7 October 2022 (transparent and predictable working conditions) does provide in the obligation to individually inform employees in writing (e.g. in employment contract or any other written document) of among others the wages, including the basic rate, with any other components, where applicable, listed separately, the non-statutory social security benefits offered by the employer and to which the employee is entitled, and the method and frequency of payment of the wages to which the employee is entitled, or a reference to the statutory or regulatory provisions or collective labour agreements governing these matters.
This information should be provided no later than the first day of employment.
Individual rights to pay information
A worker is entitled to request and receive information on:
- their individual pay level; and
- the average pay levels broken down by sex for workers performing the same work as them or work of equal value to theirs
What is considered to be "pay" for the purpose of this provision?
See question no. 4. No other legislation yet exists. Under CBA No. 25 of 15 October 1975 regarding equal pay for male and female workers (Art. 4), "pay" includes: (1) monetary pay due to the employee under the employment relationship; (2) tips or service charges; (3) benefits in kind; (4) supplementary holiday pay under a CBA; and (5) benefits arising from supplementary, non-statutory social security schemes. This CBA provides that equal pay between men and women must be ensured for all elements and conditions of pay, including job classification systems. If an employee considers themselves to have been disadvantaged, legal proceedings may be brought before a court by the employee or the representative trade union organisation. The argument of "discrimination" is typically invoked in this context. Employees will also be protected when raising a complaint.
As regards other matters, we are also aware of other legislation (not related to equal treatment) that defines pay, but there is as yet no definition for the purposes of the pay transparency directive.
Can any pay components be excluded for the purposes of calculating gross hourly pay (for example, can voluntary benefits, stock options or "pay" components that do not appear on a payslip be excluded?)
In Belgium, employment-related documents are required to be drafted in the region’s official language, depending on the location of the exploitation seat of the company (Dutch in Flanders, French in Wallonia, German in the German-speaking area, and specific bilingual rules in Brussels), and an English version is typically acceptable only as an additional translation, not as the sole legally valid text.
Gender pay gap reporting
Are the pay gap reporting deadlines the same as those set out in the Directive?
The Belgian Pay Gap Act of 22 April 2012 (currently art. 13/1 of Antidiscrimination Act between Men and Women) and the Royal Decree of 25 April 2014 state that employers with usually on average at least 50 employees must prepare and publish a report every two years analysing employees' remuneration structures by gender. Employers with usually on average at least 100 employees must prepare a more comprehensive report.
Information relating to wages constitutes personal data, and its processing is protected by the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data.
Consequently, the requested information must not be disclosed where the number of employees concerned is less than or equal to three, in order to prevent the identification of the employees concerned. Where this situation arises, it is not necessary to provide information on the other gender.
The report must always be submitted to the works council or the trade union delegation and must be discussed within three months following the closure of the financial year. It is then for the works council or the trade union delegation in consultation with the employer to decide based on the report whether it is opportune to draft an action plan.
Data Protection
Where the provision of information would lead to the disclosure of the pay of an identifiable worker, does local law limit access to the relevant information and if so, how?
Belgian law already contains a practical confidentiality safeguard in the context of the Pay Gap Act reporting templates: the official model forms state that the requested pay information must not be communicated when the number of workers concerned is three or fewer, specifically to avoid identification (see above).
Breach of pay transparency and pay gap reporting requirements
What sanctions, penalties or other measures may be imposed on an employer in the event of breach of gender pay reporting or pay transparency requirements under local law?
Under the Belgian “Pay Gap Act” framework, an employer that fails to provide the legally required remuneration-structure analysis report to the works council (or, failing that, to the trade union delegation) can be sanctioned under the Social Criminal Code. Failure to provide individual information (under the legislation on transparent and predictable working conditions) may also be sanctioned under the Social Criminal Code.
Rights to equal pay – rights of action
What rights of action under local law are available to a worker as a result of any alleged infringement of the right to equal pay?
Under Belgian law, a worker who believes their right to equal pay has been infringed can bring a claim before the competent court (typically the labour courts) to enforce equal pay, claim damages for discrimination, …
Workers Representatives
How does local law define ‘workers’ representatives?
The Directive defines “workers’ representatives” as the workers’ representatives “in accordance with national law and/or practice” (article 3(1)(m)). In Belgium, this typically means the employee delegation elected via the social elections to the works council and/or the committee for prevention and protection at work, and the trade union delegation. As the Directive is not transposed yet, we have no further information.
More in general, trade union delegates can assist employees in the case of an individual conflict.