Although the principle of equal pay for equal or equivalent work has been enshrined in European and Belgian legislation for decades, the gender pay gap persists. In the European Union, it averages 13%, and in Belgium, it is around 5%.
These figures show that additional measures are needed to combat the pay gap. The European Pay Transparency Directive therefore imposes new obligations on employers.
The aim of this directive is to combat the pay gap between men and women through greater pay transparency.
What are the main obligations for employers?
1. Transparency about wages
Employers must provide information about the wage or wage scale for the position in job advertisements or before the job interview. You may not ask applicants questions about their current or previous wages.
During employment, employees have the right to access information about the average pay of employees performing the same or equivalent work, broken down by gender, as well as the pay and promotion criteria used. These criteria must be based on clear, gender-neutral elements such as experience, skills, and responsibilities.
2. Reporting obligation
From 2027, companies with more than 150 employees will be required to report on remuneration for the 2026 calendar year to the competent authority.
From 2031, this reporting obligation will also apply to companies with between 100 and 149 employees.
For companies with fewer than 100 employees, there is no obligation for the time being. However, it is expected that Belgium will introduce this obligation for companies with at least 50 employees.
3. Sanctions
The directive obliges Member States to introduce effective and dissuasive sanctions.
In the event of a complaint about wage discrimination, the employer must be able to demonstrate that there is no unequal treatment.
Employees who believe they are victims can claim full compensation, including back pay and damages.
Why prepare now?
The Pay Transparency Directive must be transposed into Belgian law by June 7, 2026, at the latest.
Although the legislation is still in the preparatory phase, it is advisable not to wait until it comes into force.
After all, the directive touches on complex areas such as remuneration policy, privacy protection, non-discrimination rules, HR processes, and social relations within your company.
Timely and legally sound preparation helps to limit risks and makes the policy workable and strategic.
Our employment team has the expertise to support you every step of the way.