On 17 July 1998, the Council of Ministers approved a legal proposal on equal treatment between men and women at work. This bill brings together and adapts already existing provisions and at the same time introduces a series of new regulations on issues such as the burden of proof in cases of discrimination and gender neutrality in job classification systems.
This is the first time that a law dealing specifically with equal treatment at work has been prepared in Belgium. The new law will permit a clearer view to be taken of the subject of "equal treatment" and will simplify the application of legal provisions. In addition, the bill proposes an extension to existing possibilities of monitoring and imposing sanctions.
2.1.1.1. New equal treatment fields
The first new area arises out of the transposition of two European directives on supplementary social security regimes (such as pension funds, group insurance schemes and supplementary family allowances). The new bill provides for a complete equality of treatment between men and women for both employees and the self-employed. The provision will enable such practices to be monitored, and cases of discrimination will lead to penal sanctions.
The European directive relating to the change in the burden of proof in cases of sexual discrimination has also been transposed into national law. It is incumbent on the employer to prove that he/she has not violated the principle of equality of treatment. In addition, the new bill foresees that, alongside organisations representing workers and employers, other organisations (provided they meet certain conditions) will also be able to pursue cases of discrimination against their members before the courts.
2.1.1.2. Definition of indirect discrimination
The bill will also adapt Belgian law to the European directive banning indirect discrimination. Indirect discrimination exists when a seemingly neutral provision has in reality a more negative impact on one of the two sexes.
2.1.1.3. Sexual harassment at the workplace is linked to the principle of equal treatment
Sexual harassment at the workplace can be considered a form of sexual discrimination. For workers producing evidence of sexual harassment, legal recourse can be taken on the basis of the law on equal treatment.
2.1.1.4. Job classification
The new law creates a legal basis to ensure that the systems of job classifications used in enterprises are neutral in terms of gender. The equality of treatment between men and women applies not only to the wage/salary itself, but also to the way in which it is calculated. The social partners will be given time to review these classification systems and to eliminate any cases of discrimination identified. If they fail to do so, legal action may follow.
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