Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Belgium

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1952)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

The Committee notes the joint observations submitted on 23 September 2025 by the General Confederation of Liberal Trade Unions of Belgium (CGSLB), the Confederation of Christian Trade Unions (CSC) and the General Labour Federation of Belgium (FGTB). The Committee requests the Government to provide its comments in this regard.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. Federal anti-discrimination law. The Committee welcomes the adoption of the Federal Act of 28 June 2023, which came into force on 30 July 2023, amending the three existing anti-discrimination Acts (the Act of 30 July 1981, punishing certain acts inspired by racism or xenophobia; the Act of 10 May 2007, combating certain forms of discrimination; and the Act of 10 May 2007, combating discrimination between women and men) aimed at strengthening legal protection and responding to the recommendations of the Federal Legislation Evaluation Commission. The Act of 28 June 2023: (i) explicitly recognizes multiple discrimination, discrimination by association and discrimination based on presumed attributes; (ii) adapts certain protected characteristics according to societal changes, for example, the criterion of “social origin” has been expanded to “social origin or situation”. In this way, the Act can apply to people who are subjected to unfavourable treatment because of their current social situation (such as jobseekers, illiterate or semi-literate people, people living in difficult socio-economic conditions, homeless people, and so forth); likewise, the concept of “sex change” has been changed to the notion of “medical or social transition”; (iii) allows judges to issue preventive orders (injonctions positives) for perpetrators of discriminatory acts (diversity policies); (iv) revises compensation amounts to strengthen their effectiveness and dissuasiveness, and provides for the possibility for victims to accumulate compensation; and (v) strengthens protection against reprisals for complainants, witnesses and advocates.

Federal entities. The Committee notes that the Interfederal Centre for Equal Opportunities and the Fight against Racism and Discrimination (Unia) has updated the report on the German-speaking community’s anti-discrimination decree (2017–2022) and made recommendations for its revision. In the Walloon Region, the Walloon public service for economy, employment and research is now equipped to carry out situation tests to detect discriminatory practices which can lead to administrative fines (from €2,400 to €24,000) or else the implementation of a prevention plan validated by Unia or by the Institute for Gender Equality (IEFH). Specific clauses also provide for the suspension of licences for employment and temporary work agencies in the case of discrimination. Lastly, amendments to the Walloon Regulatory Code for social action and health strengthen the fight against discrimination against persons with disabilities, including through the promotion of reasonable accommodation in relation to training and employment. The Committee requests the Government to provide information on: (i) the application in practice of the Act of 28 June 2023 (including awareness-raising activities carried out); (ii) the follow-up to the Unia report on the German-speaking community’s decree; (iii) the implementation in the Walloon Region of situation tests and alternative measures envisaged in the Decree of 29 April 2024; and (iv) the impact of the recent amendments to the Walloon Regulatory Code for social action and health relating to persons with disabilities in training and employment.

Articles 1 to 3. Equality of opportunity and treatment. Race, colour and national extraction. The Committee notes the measures adopted by the Government to strengthen the fight against discrimination based on race, colour or national extraction, in particular the Act of 28 June 2023 amending the three federal anti-discrimination Acts, the funding of anti-racist associations by the Federal Public Service for Justice and the publication of the 2022 socio-economic monitoring report and the “Diversity 2024” report. This latter report demonstrates the progress of Belgian nationals of non-national origin in the labour market, but also the persistence of significant inequality in accessing employment, in job quality and in wage levels, associated with structural discrimination and low levels of education. The Committee notes that at the community and regional levels, the Walloon-Brussels Federation adopted a plan for 2023–26 to combat racism, established an equality-diversity network and planned awareness-raising actions from 2025. The Brussels-Capital Region organized 67 training sessions on diversity and adopted the Ordinance of 21 March 2024 to create talentAnalytics.brussels to improve the statistical follow-up of workers, including those from countries outside the European Union. The public employment service (Actiris) has strengthened the reporting mechanisms and services to promote diversity in employment. The Committee requests the Government to provide information on the specific measures aimed at promoting equal access to education, training and quality jobs for non-nationals, as well as on the results achieved and the statistical data relating to their participation in vocational training and the labour market.

Religion. The Committee notes the Government’s indication that there have been recent developments concerning the ban against wearing religious signs in certain educational establishments. It refers particularly to the case of Mikyas and others V. Belgium brought before the European Court of Human Rights (ECHR) (decision of 9 April 2024). The Court recognized interference in the exercise of freedom of religion due to the ban, imposed by school regulations and based on a decision by formal education council of the Flemish Community aimed at ensuring the neutrality of public education, on wearing the Islamic headscarf in their schools, with the exception of religion and non-denominational ethics classes. The Court ruled, however, that this decision was justified, lawful and proportionate to the objectives pursued, that is the protection of the rights of others, public order and the preservation of a neutral school environment. The Government indicates that, at the level of the French Community, there is no general ban on the wearing of signs of religious, philosophical, political or trade union beliefs at work, but the Ministry of the French Community has nevertheless adopted a position of principle on a general ban for all public officials based on the constitutional principle of neutrality, which requires the State to be neutral and to treat all citizens on an equal basis, without discrimination. This ban is based in particular on the Code of Ethics, included in the decision of the French Community Government of 18 April 2003 establishing the Code of Ethics for public officials of the French Community government services and certain public interest bodies. The Government specifies that there are no plans for an assessment to contest this principle. The Committee requests the Government to ensure that students of different faiths are not subjected to any discriminatory effects on grounds of religion in education and access to and retention in the labour market.

Sex. Gender mainstreaming in all federal policies. The Committee notes the numerous measures taken to integrate gender mainstreaming into various federal policies, in line with the Federal Gender Mainstreaming Plan (2020–24). The Committee observes in this regard that: (i) the Government has developed guidelines to include equality in centralized federal public procurement; while (ii) the IEFH offers training and tools to help administrations apply this approach; and (iii) collaboration with Unia has also been established to strengthen non-discrimination clauses in public procurement. The Committee notes that, at the level of the French Community, Section 3 of the 2020–2024 Plan for Women’s Rights aims to ensure better representation of women in all sectors and at all decision-making levels, in particular by encouraging the Public Procurement and Purchasing Directorate to integrate the gender perspective into its procedures. The Committee once again requests the Government to indicate whether there are plans to evaluate the impact of the integration of the gender perspective into federal policies, including in federal public procurement policy.

Occupational segregation. The Committee notes the progress made in gender equality, particularly the increase in women’s representation on executive boards, which rose from 8.3 per cent in 2008 to 34.1 per cent in 2020, with 98 per cent of enterprises complying with the Act on Quotas, which requires, among other things, a quota of 33 per cent women on the executive boards of listed companies and autonomous public enterprises. The Government also highlights efforts to monitor sectoral diversity (Act of 3 October 2022), which show that, although narrowing, a gap remains in employment between men (73.5 per cent) and women (66.8 per cent). Despite the increased participation of women in the labour market, inequalities remain, particularly in part-time work and in the persistence of gender stereotypes related to motherhood and education. A sectoral survey revealed that the barriers to women’s careers are more related to the workplace culture than to the balance between private and professional life. The Government also draws attention to the reform of vocational training, which is now based on an individual right to training that leans more towards gender equality than the previous group-oriented system, which consisted of an average number of training days per full-time equivalent, distributed throughout the enterprise. In the Brussels-Capital Region, several measures have been taken to make recruitment more inclusive and balanced, improve working conditions and promote quality of working life. Lastly, in the French Community, women occupy 30 per cent of senior management posts. The Committee requests the Government to continue its efforts to provide qualitative and quantitative information on the impact of the measures taken to promote equality of opportunity and treatment between men and women on horizontal and vertical occupational segregation.

Sexual harassment. The Committee notes the federal measures strengthening the prevention and repression of sexual harassment at work. These include: (i) the Federal Plan for mental well-being at work (BEMAT), which covers various measures relating to psychosocial risks, including violent behaviour and psychological or sexual harassment at work; (ii) awareness-raising by Federal Public Service for Employment and the IEFH (discussions and tools concerning consent and sexual violence online); and (iii) several legislative reforms. The Act of 4 August 1996 has therefore been amended to expand protection against reprisals (Act of 7 April 2023) and to make it mandatory to appoint a person in a position of trust in enterprises of over 50 employees (Act of 5 November 2023). It has also been adapted to grant domestic workers the same rights with regard to preventing and reporting harassment (Decree of 7 May 2023). The Act of 10 May 2007 on gender equality was expanded in 2022 to include the criterion of “family responsibilities”, guaranteeing, in particular, the right to return to the job after maternity or family leave. Lastly, the Act of 28 June 2023 consolidated efforts against multiple and intersectional discrimination. At the regional level, the Brussels-Capital Region trained 38 recruitment consultants in diversity, gender and harassment, and invited Unia and the IEFH to recommend statutory adjustments to strengthen the prevention of sexism and harassment in the public service. The Committee requests the Government to provide information on: (i) measures taken to raise awareness among workers, employers and their respective organizations, as well as the general public, of the various legislative amendments adopted to combat sexual harassment at work; and (ii) the impact of these initiatives (changes in the number of complaints, rates of recourse to internal mechanisms, and so forth).

Article 5(2). Special measures. Private sector. The Committee notes that, in the context of the implementation of the Royal Decree of 11 February 2019 on affirmative action aimed at different target groups (nationality, presumed race, skin colour, ancestry, national or ethnic origin, sex – including pregnancy, maternity, and gender transition, identity and expression): 11 requests for affirmative action plans were presented at the federal level; 10 were approved by the Minister for Employment, 3 of which were extensions of previous plans. The evaluation of the procedures shows that many enterprises consider the approval procedure to be too cumbersome. There are therefore plans to revise the Decree, in consultation with Unia and the IEFH, particularly to improve its visibility. The avenues being explored include the creation of a web page listing the approved plans and the opinions of the review committee, and the development of practical guidelines on the procedures for developing these plans, in an accessible format with specific examples.

Public sector. In response to the Committee’s request concerning provisions for the adoption of similar measures in the public sector, the Government indicates that within the federal administration, two mechanisms provide for affirmative action: (i) a quota of 3 per cent of jobs reserved for persons with disabilities, provided for in the Royal Decree of 6 November 2005 and amended in 2024 to simplify certification, expand reasonable accommodation and give more attention to requests from enterprises for accommodation – a procedure supplemented by accelerated statutory selection procedures and reserved contractual recruitment, which led to 18 selection procedures resulting in an average of 35 applicants, five of whom were successful in each case; and (ii) a gender equality quota with a threshold of one third of the opposite sex in the top two hierarchical ranks, set by the Royal Decree of 2 October 1937, broadly observed in 2023, except for a slight deficit at the top rank. Within the federal entities, the Brussels-Capital Region also applies affirmative action to persons with disabilities through the Brussels Code for Equality and Diversity, while the French Community Decree of 2008 lays down the same framework which is not yet implemented. The Committee requests the Government to provide information on: (i) any amendment to the Royal Decree of 11 February 2019 to facilitate its application; and (ii) the impact of the affirmative action plans implemented on access to employment, training and career progression for persons belonging to the groups targeted in the above-mentioned Decree.

Convention No. 100 – the principle of equal pay for men and women for work of equal value

Articles 1 to 4. Gender pay gap. According to annual data on the gender pay gap from the National Social Security Office, published by the IEFH in 2024, the gender pay gap in Belgium in 2022 stood at 7 per cent when adjusted for working hours, and at 19.9 per cent without this adjustment (taking into account the effect of women’s part-time work). A steady decrease can therefore be observed in this gap compared with data from previous years (9.2 per cent and 23.1 per cent in 2018 respectively).

Articles 2(2)(c) and 3(2). Collective agreements. Revision of job classifications at the sectoral level. Job evaluation. The Committee notes the Government’s indication that it is currently awaiting the results of the work on the BE-MAGIC project of the Federal Public Service for Employment, which started in January 2025 and should conclude in January 2027; and, moreover, of the transposition of Direction (EU) 2023/970 which aims to increase the transparency of wage policies, before envisaging a possible amendment of the Act of 2012 to combat the gender pay gap, including the section on the introduction of a classification system for gender-neutral jobs. The Committee requests the Government to provide information on the results of the BE-MAGIC project and the measures implemented further to the transposition of Directive (EU) 2023/970) on monitoring gender-neutral classification.

Conventions Nos 100 and 111 – Application in practice

Article 3(a) of Convention No. 111. Collaboration with the social partners. The Committee observes that the National Labour Council has undertaken a review, set out in its opinion No. 2.361 of 5 April 2023, to update collective labour agreements Nos 22, 38 and 95, specifically to align their non-discrimination criteria with the 2022 legislative amendments relating to the protected characteristics in federal anti-discrimination laws. It notes with interest several initiatives involving the social partners, such as the renewal in 2024 of the trade union charter on gender quality, the actions carried out within the framework of the federal plan “For a LGBTQI+ Friendly Belgium” (2021–24), the updating in 2025 of the IEFH guide on supporting transgender persons at work (including the situation of intersex persons), as well as the diversity plans supported by Actiris, which involve the trade union organizations. The Committee requests the Government to specify the status of the review conducted within the National Labour Council concerning the alignment of the non-discriminatory criteria listed in the collective labour contracts in question with the legislative amendments made in 2022, and to continue to provide information on the participation of the social partners in actions to combat discrimination in employment and occupation, without any distinction made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin.

Enforcement. General Directorate for Supervision of Labour Laws. Jurisdictions. Specialized discrimination bodies. The Government indicates that in 2025, the fight against discrimination became a priority area of the multi-annual monitoring plan that defines the labour inspection strategy for a period of five years. The Government indicates that, in addition to the fact that all the inspectors of the CLS receive basic training in combating discrimination, the CLS has 38 labour inspectors who have recently received in-depth training in handling reactive cases of discrimination. These specialized inspectors have also received the specific training required to conduct practical discrimination tests in situ. These tests are defined in the Social Criminal Code (sections 20, 42/1, 42/2) and consist of checks by telephone, post or internet (without physical contact) in all sectors and activities that fall under the competence of the CLS, in line with the federal anti-discrimination laws. The CLS is also developing a datamining and matching system to proactively identify the risks of discrimination based on data from Unia, the IEFH and its own investigations. This system, which is still in the pilot phase, serves above all to guide reactive investigations. The Government refers to a steady increase in reports received by the IEFH concerning well-being at work (83 in 2022, 112 in 2023 and 130 in 2024), several of which have, since 2022, led to legal proceedings. Between June 2022 and December 2023, the labour courts issued 53 first instance decisions and 20 rulings relating to psychosocial risks, four of which recognized acts of sexual or psychological harassment. For the same period until the end of 2024, seven correctional decisions were registered, including on cases of psychological, sexual or antisemitic harassment. With regard to labour relations, since 2022 the IEFH has registered 337–340 reports per year, including an increasing number of complaints relating to wage fixing, and four cases of wage discrimination have been brought before the courts. From June 2022 to March 2025, 427 complaints of psychosocial risks were received, with workers having the opportunity to address the labour inspectorate anonymously. The inspection campaigns led in 2024 and 2025 reveal persistent gaps, particularly a lack of information from workers and the frequent absence of prevention policies, which motivated the launch of the proactive campaign, “Psy 2025”, targeting all sectors. With regard to training, every year Unia provides sessions for the Judicial Training Institute and the CLS. The Committee notes the information that Unia, the IEFH and the Flamand Human Rights Institute are part of the human rights platform, which is a consultation forum for organizations with human rights defence missions, where problems can be examined, best practices exchanged and cooperation encouraged. In addition, the Government indicates that the IEFH and Unia have adopted a collaboration protocol to ensure their cooperation. The Committee notes that the CGSLB, CSC and FGTB report a reduction of 25 per cent of the budget of the interfederal independent public institution that fights discrimination and promotes equality, which will necessarily have an impact on the national policy concerning equality of opportunity and treatment in employment and occupation. In this regard, the Government replies that this decision does not call into question the fundamental importance of Unia’s missions, and that the Minister for Equality of Opportunity is in close contact with Unia in order to ensure that it can continue to carry out its essential functions.

Regional level (Brussels). The Government indicates that the Regional Employment Inspectorate is responsible for matters of discrimination in employment in Brussels. In 2022, it received two complaints referred by the IEFH (one inadmissible and one unsubstantiated) and none between 2023 and 2025. Inadmissible complaints are referred to the CLS. Further, Actiris and other Brussels-based public interest bodies collaborate with the Regional Employment Inspectorate, Unia and the IEFH, through the organization of situation tests further to sending out anonymous curriculum vitae. The Committee notes with interest this information.

The Committee requests the Government to continue to provide statistical data on the number of reports and complaints handled by the different competent authorities, including at the level of federal bodies, relating to employment and occupation, as well as the grounds of the alleged discrimination.