Pay Transparency implementation in Fédération Wallonie-Bruxelles

Everyone got surprised when Belgium transposed the EU 2023/970 – Pay Transparency – directive as the first EU nation, with effect from 1st January 2025. However, the scope for this transposition does not apply for the entire Belgium employment market. Specifically, it concerns the employers under the jurisdiction of Fédération Wallonie-Bruxelles. However, this might provide some guidelines as to how it will be implemented in the rest of Belgium.

If you have any questions about the legislation, how to approach it, or are perhaps even looking for a platform to help automate the compliance process across countries—don’t hesitate to reach out. I’m happy to share our experience from working with companies of all sizes in preparing for this.

Enough pitching—enjoy the read! :-)

1. Legislative Approach and Implementation Scope

Rather than creating new laws from scratch, Belgium amended its 2008 Decree on Combating Certain Forms of Discrimination to incorporate the requirements of EU 2023/970. A dedicated section (VIII) has been added to include the right to equal pay through transparency, with further updates throughout the decree to ensure alignment.

The transposition is not limited to private employers. The decree applies to the following entities under the jurisdiction of the Fédération Wallonie-Bruxelles:

• Organisations created by the Federation or those in which it holds equity stakes.
• Educational institutions of all types, levels, and networks within the Federation.
• Government administrations and institutions under the Federation’s control.

It also applies to candidates applying for positions and to workers holding positions within these organisations, regardless of the nature of the collaboration - be it via employment contract or as a civil servant.

Notably, the transposition covers:

• An expansion of protected criteria beyond sex to include gender identity, family responsibilities, and more.
• New legal definitions for key concepts such as “candidate”, “worker”, and “intersectional discrimination”.
• An updated burden of proof: if an employer fails to comply with the transparency obligations, they must prove that no discrimination occurred.

2. Key employer obligations and Timeline

Let’s break down the concrete obligations that will apply to employers in the Fédération Wallonie-Bruxelles region.

2.1. Pay Transparency in Job Ads

From the moment a job is advertised, employers must inform candidates on the initial salary or salary range, along with any applicable collective bargaining agreement clauses related to remuneration. Job ads must also be non-discriminatory in wording and accessible to people with disabilities.

2.2. Salary History Ban

Employers cannot ask about a candidate’s previous or current salary history during recruitment. This aligns with the Directive’s goal to prevent historical pay gaps from following individuals across roles

2.3. Transparent Pay Structures

Employers must maintain objective, gender-neutral criteria for setting pay, promotions, and increases. These criteria must include at least:

• Skills
• Effort
• Responsibilities
• Working conditions

Relevant soft skills may also be included, if they are applied consistently and without bias.

Furthermore, it has added a dedicated section requiring that any job classification systems used for pay purposes must be:

• Based on shared criteria for men and women
• Free from direct or indirect gender bias
• Developed in consultation with employee organizations where applicable

2.4. Right to Information

Employees must be informed annually about their right to request:

• Their own pay level
• The average pay levels for men and women performing the same or equivalent work
• The criteria used to determine their pay and pay progression

This information must be delivered in writing and in an easily accessible format. Additionally, employees must be informed annually about this right and the procedures required to exercise it.

2.5. Annual Government Reporting

The Fédération Wallonie-Bruxelles centralizes much of the pay reporting: the Government itself will publish annual reports evaluating gender pay gaps and career progression by gender across employment relationships. These include breakdowns for maternity, paternity, adoption, and parental leaves.

Employers will be notified by the Government about deadlines for submitting their first evaluation.

3. Supervision, Enforcment, and Sanctions

The decree strengthens enforcement by shifting the burden of proof in cases where an employer has failed to comply with pay transparency obligations. In such cases, it is not the employee who must prove that discrimination occurred; rather, the employer will be required to demonstrate that no discrimination took place.

When it is established that a harmful measure, such as unequal pay, has been taken, the responsible party is liable to pay damages. The decree outlines two forms of compensation:

1. A lump sum of up to EUR 3,900 (indexed annually and potentially multiplied based on the number of discriminatory criteria involved in a particular case), and
2. Full compensation corresponding to the actual damages suffered by the employee.

Unlike the directive, however, the decree does not reference the 5% average pay gap threshold between men and women within a worker category that, under the EU rules, would normally trigger a requirement for a joint pay assessment. As such, no specific procedures around mandatory justification or corrective joint reviews are set out in this transposition.

4. Conclusion

While transposition by the Fédération Wallonie-Bruxelles of the Pay Transparency Directive may appear modest in length and scope at first glance, its impact is likely to be far-reaching. The decree introduces real obligations that will require immediate action: pay structures must be clearly defined and documented, recruitment practices must be adjusted, and employees must be proactively informed about their rights.

I strongly encourage organizations under the Federation’s responsibility to begin reviewing and formalizing their pay structures. If these are not already in place, don’t underestimate the effort required, it takes more time than most anticipate. This may be your last full salary review cycle before the new rules take effect, so if you’d prefer not to report based on outdated or incomplete data, now is the time to assess how close your organization is to compliance.

As always, I’m happy to walk you through what the decree means in practice, how it aligns with the EU directive, and what steps you can take to prepare. Feel free to reach out. I'd be glad to schedule a call.