{"id":1850,"date":"2026-05-20T21:40:08","date_gmt":"2026-05-20T19:40:08","guid":{"rendered":"https:\/\/equilaw.be\/?p=1850"},"modified":"2026-05-20T21:42:48","modified_gmt":"2026-05-20T19:42:48","slug":"pay-transparency-whats-changing-for-belgian-employers-as-of-june-7-2026","status":"publish","type":"post","link":"https:\/\/equilaw.be\/en\/pay-transparency-whats-changing-for-belgian-employers-as-of-june-7-2026\/","title":{"rendered":"Pay Transparency: What\u2019s Changing for Belgian Employers as of June 7, 2026"},"content":{"rendered":"\n

By June 7, 2026, Belgium must have transposed European Directive 2023\/970 on pay transparency. This directive requires employers to review several aspects of their compensation policies: recruitment, employee information, reporting, and justification of pay gaps.<\/em><\/p>\n\n\n\n

1.     <\/strong>Transparency from the moment of hiring<\/strong><\/h3>\n\n\n\n

There are three key changes to note.<\/p>\n\n\n\n

    \n
  • A salary range must be communicated to the candidate<\/strong>, either in the published job posting, before the interview, or through any other channel that allows for informed negotiation. This range must be based on objective and non-sexist criteria.<\/li>\n\n\n\n
  • An absolute ban on asking candidates about their salary history<\/strong>, whether regarding their current pay or compensation received in previous jobs.<\/li>\n\n\n\n
  • Gender neutrality in job postings<\/strong>: job titles, job descriptions, and selection processes must be formulated and conducted in a way that does not disadvantage either gender.<\/li>\n<\/ul>\n\n\n\n

    This first wave of requirements aims to correct a well-known mechanism: salary negotiations based on past history tend to reproduce and amplify historical pay gaps. By severing this link, European lawmakers are requiring employers to set salaries based on the value of the position, not on the candidate\u2019s negotiated history.<\/p>\n\n\n\n

    2.     <\/strong>The right to information during employment<\/strong><\/h3>\n\n\n\n

    Once in a position, workers have enhanced information rights:<\/p>\n\n\n\n

      \n
    • Access to criteria for setting and adjusting pay<\/strong>: every worker must be able to easily consult the criteria that determine their salary and its progression. These criteria must be objective and non-discriminatory. Companies with fewer than 50 employees may be exempt from the obligation regarding pay progression.<\/li>\n\n\n\n
    • Right to request individual information<\/strong>: any employee may, in writing, obtain information about their own pay level and the average pay levels, broken down by gender, for the category of employees performing the same work or work of equal value. The employer has a maximum of two months <\/strong>to respond.<\/li>\n\n\n\n
    • Proactive annual information<\/strong>: Each year, the employer must remind all employees of this right and the procedures for exercising it.<\/li>\n\n\n\n
    • End of contractual salary confidentiality<\/strong>: confidentiality clauses prohibiting employees from discussing their pay with colleagues become unlawful when they conflict with the application of the principle of equal pay.<\/li>\n<\/ul>\n\n\n\n

      3.     <\/strong>Reporting on the pay gap<\/strong><\/h3>\n\n\n\n

      Employers above a certain threshold will be required to regularly report several specific indicators regarding the pay gap between women and men within their organization.<\/p>\n\n\n\n

      The timeline varies depending on the size of the company:<\/p>\n\n\n\n

      Number of Employees<\/strong><\/td>First report<\/strong><\/td>Frequency<\/strong><\/td><\/tr><\/thead>
      250 or more employees<\/td>June 7, 2027<\/td>Annual<\/td><\/tr>
      150 to 249 employees<\/td>June 7, 2027<\/td>Every 3 years<\/td><\/tr>
      100 to 149 employees<\/td>June 7, 2031<\/td>Every 3 years<\/td><\/tr>
      Fewer than 100 employees<\/td>Voluntary reporting (except under specific Belgian law)<\/td>\u2014<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

      The seven indicators to be reported:<\/p>\n\n\n\n

       <\/td>Indicator<\/strong><\/td><\/tr><\/thead>
      1<\/td>Overall gender pay gap<\/td><\/tr>
      2<\/td>Pay gap for variable and supplementary components (bonuses, incentives, etc.)<\/td><\/tr>
      3<\/td>Median pay gap<\/td><\/tr>
      4<\/td>Median pay gap for variable components<\/td><\/tr>
      5<\/td>Proportion of women and men receiving variable compensation<\/td><\/tr>
      6<\/td>Distribution of women and men in each salary quartile<\/td><\/tr>
      7<\/td>Pay gap by employee category, broken down into base pay and variable components<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

      The specific procedures for reporting and publication must be specified. However, the directive stipulates that the first six indicators may be published on the employer\u2019s website, whereas the seventh must be communicated to all employees and their representatives.<\/p>\n\n\n\n

      Point of attention. <\/strong>Since the law of April 22, 2012, Belgium has already had a reporting obligation regarding the pay gap for companies with at least 50 employees, to be fulfilled every two years. Since the directive establishes a minimum standard rather than a maximum, it will be necessary to determine how the Belgian legislature will align these new European obligations with the existing Belgian system.<\/p>\n\n\n\n

      4.     <\/strong>Joint assessment in the event of an unjustified pay gap exceeding 5%<\/strong><\/h3>\n\n\n\n

      If all three conditions are met simultaneously, the employer must conduct a joint pay assessment <\/strong>with employee representatives:<\/p>\n\n\n\n

        \n
      1. The data reveals an average pay gap of at least 5% <\/strong>within a category of workers;<\/li>\n\n\n\n
      2. The employer cannot justify this gap using objective, non-gender-biased criteria;<\/li>\n\n\n\n
      3. The employer has not remedied this disparity within six months <\/strong>of the data being communicated.<\/li>\n<\/ol>\n\n\n\n

        This joint assessment is a true joint pay audit. It involves, in particular, analyzing the gender composition by category, examining pay increases following returns from leave (maternity, paternity, parental, caregiver), identifying the causes of the gaps, and defining corrective measures.<\/p>\n\n\n\n

        Following this assessment, the employer is required to address unjustified differences within a reasonable timeframe<\/strong>, in cooperation with employee representatives. Failure to do so exposes the employer to the sanctions and remedies described below.<\/p>\n\n\n\n

        5.     <\/strong>Risks in the Event of Non-Compliance<\/strong><\/h3>\n\n\n\n

        The directive provides for several monitoring and sanction mechanisms that may apply concurrently:<\/p>\n\n\n\n

        Risk<\/strong><\/td>Mechanism<\/strong><\/td><\/tr><\/thead>
        Reversal of the burden of proof<\/td>If the employer has failed to meet its transparency obligations, it bears the burden of proving that it did not discriminate, without the employee having to demonstrate any presumption. Lack of transparency itself becomes an indication of discrimination.<\/td><\/tr>
        Full and Uncapped Compensation<\/td>Back pay, bonuses, lost opportunities, emotional distress, late payment interest: everything must be compensated. No legal cap on compensation may be set.<\/td><\/tr>
        Class-action lawsuits<\/td>Unions, associations, and equality organizations will be able to act on behalf of or in support of multiple workers, which increases the risk of litigation.<\/td><\/tr>
        Fines<\/td>Financial penalties must be effective, proportionate, and dissuasive. The European legislator suggests that they may be based on turnover or total payroll, with increased penalties in the event of repeat offenses.<\/td><\/tr>
        Reputational risk<\/td>Data on pay gaps will be published by a monitoring body designated by the government, allowing for comparisons between employers, sectors, and regions.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

        In addition, there will be a statute of limitations of at least three years <\/strong>(which begins only upon knowledge of the violation), the possibility for the judge to exempt an unsuccessful plaintiff from court costs, and enhanced protection against retaliation for both workers and their representatives.<\/p>\n\n\n\n

        What to do between now and June 7, 2026? A six-step action plan<\/strong><\/h2>\n\n\n\n

        With less than a month to go before the deadline, and with the Belgian transposition law not yet adopted, it may be tempting to wait and see. However, that would be a mistake. Several initiatives can already be undertaken regardless of the trade-offs still under discussion. Below, EQUI proposes six preparation strategies to help employers anticipate the new obligations.<\/h3>\n\n\n\n

        Step 1: Assess<\/strong><\/h3>\n\n\n\n
          \n
        • Conduct an internal audit of the pay gap, aligning as closely as possible with the seven indicators set forth in the directive.<\/li>\n\n\n\n
        • Map out the categories of workers as defined by the directive, that is, group workers performing the same work or work of equal value based on objective criteria.<\/li>\n\n\n\n
        • Identify at-risk categories, particularly those where the gap approaches or exceeds 5%.<\/li>\n<\/ul>\n\n\n\n

          Step 2: Audit classification and pay systems<\/strong><\/h3>\n\n\n\n
            \n
          • Verify that pay scales and classification systems are based on objective and non-sexist criteria, typically skills (including interpersonal skills, which are often undervalued), effort, responsibilities, and working conditions.<\/li>\n\n\n\n
          • Formally document the criteria for setting and adjusting compensation.<\/li>\n\n\n\n
          • Compile a comprehensive inventory of compensation components (base salary, bonuses, company car, hospitalization insurance, cafeteria plan, stock options, supplemental pension, etc.).<\/li>\n<\/ul>\n\n\n\n

            Step 3: Adapt recruitment processes<\/strong><\/h3>\n\n\n\n
              \n
            • Define salary ranges by position, to be included in job postings or communicated prior to the interview.<\/li>\n\n\n\n
            • Revise interview templates to exclude any questions about salary history.<\/li>\n\n\n\n
            • Train internal recruiters and, above all, external partners (recruitment firms, staffing agencies).<\/li>\n\n\n\n
            • Review job postings and job descriptions for gender neutrality.<\/li>\n<\/ul>\n\n\n\n

              Step 4: Prepare the information system<\/strong><\/h3>\n\n\n\n
                \n
              • Establish an internal procedure for responding to individual requests for information, with a designated point of contact and response templates.<\/li>\n\n\n\n
              • Prepare an annual communication to all employees regarding their rights.<\/li>\n\n\n\n
              • Review employment contracts, work regulations, and company collective bargaining agreements to identify and remove salary confidentiality clauses that may have become unlawful.<\/li>\n<\/ul>\n\n\n\n

                Step 5: Prepare for Reporting<\/strong><\/h3>\n\n\n\n
                  \n
                • For companies with 150 or more employees, the first publication is due on June 7, 2027. That may seem far off, but the data to be published will cover the year 2026, so the quality of HR data must be ensured starting now.<\/li>\n\n\n\n
                • Verify that the HR information system allows for the breakdown of salary data by gender, employee category, and compensation component.<\/li>\n<\/ul>\n\n\n\n

                  Step 6: Prepare for social dialogue<\/strong><\/h3>\n\n\n\n
                    \n
                  • Inform the consultation bodies (works council, occupational health and safety committee, union delegation) in advance of the upcoming changes.<\/li>\n\n\n\n
                  • Prepare objective justifications for the identified discrepancies.<\/li>\n\n\n\n
                  • For gaps exceeding 5% without justification, develop a budgeted and scheduled remediation plan.<\/li>\n<\/ul>\n\n\n\n

                    In practice<\/strong><\/p>\n\n\n\n

                    Even though the Belgian transposition law has not yet been adopted, employers already have a clear picture of the main changes to come. It is therefore recommended to review the criteria for setting and adjusting compensation now, adapt recruitment processes, and prepare the data required for future information and reporting obligations.<\/p>\n\n\n\n

                    EQUI stands ready to assist employers in this process and help them prepare for compliance.<\/p>\n\n\n\n

                    Written by Marwa El Hallabi<\/p>\n\n\n\n

                    \n\n\n\n

                    This article is based on Directive (EU) 2023\/970 of the European Parliament and of the Council of May 10, 2023, aimed at strengthening the application of the principle of equal pay for women and men for the same work or work of equal value through pay transparency and enforcement mechanisms.<\/em><\/p>\n\n\n\n

                    This article is a summary and does not replace the official text of the directive or the future Belgian transposition law.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

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