Pay transparency in Belgium
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Pay information requests In force
Own individual pay level and sex-disaggregated average pay levels for workers performing the same work or work of equal value (Flemish public-sector scope).
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Time to respond 2 months
Every request starts a clock. Answering one needs pay structures and equal-value groupings that already exist.
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Salary history questions are banned
Applicants learn the pay range before the interview, and employers may not ask what they earn today.
Belgium does not yet have one nationwide law implementing the EU Pay Transparency Directive. Instead, its transposition is partly in force and limited to regional and subnational measures, while a broad federal transposition covering private-sector employers across the country is still incomplete.
Two regional moves are already law. The Flemish Decree on pay transparency sets core obligations for covered public-sector and education bodies, starting 7 June 2026. The French Community adopted its own decree on 16 May 2024, which wrote the Directive directly into its anti-discrimination framework.
For most private employers in Belgium, the practical picture is still incomplete: watch for federal transposition and any further regional or community measures, since that is what will determine when broader private-sector duties take effect.
The measure
- Law or measure
- Regional public-sector measures, including the Flemish Decree on pay transparency and the French Community decree of 16 May 2024; federal implementation remains incomplete
- Core obligations start
- 7 Jun 2026 (Flemish public-sector decree)
- Who is covered
- Regional/subnational measures are in force within Flemish public-sector/education and French Community competence scopes; broad federal private-sector obligations remain pending.
What the law requires
- Salary history questions banned Source for: Salary history questions banned
- Pay information requests, 2 months to respond Source for: Pay information requests, 2 months to respond
- Gap reporting from 100 employees Source for: Gap reporting from 100 employees
- Joint pay assessment at a 5.0% gap Source for: Joint pay assessment at a 5.0% gap
1 further dimension is still being verified against official sources.
How Belgium differs from the Directive
Belgium has multiple subnational measures: the French Community decree of 16 May 2024 expressly inserted Directive 2023/970 into its anti-discrimination framework, and the Flemish 2026 decree implements detailed transparency duties for covered public-sector and education bodies. Federal private-sector transposition remains incomplete.
What this means for employers
What applies to you depends heavily on where you sit in Belgium. If your organisation falls within the Flemish public-sector or education scope, or within French Community competence, transparency duties are already active. If you are a private-sector employer outside those scopes, the core national obligations are not yet defined, and you are in a monitoring phase rather than a compliance one.
- Map your Belgian footprint against the Flemish public-sector/education scope and French Community competence, separately from any purely private-sector operations.
- If covered by the Flemish decree, be ready to answer individual pay information requests, covering both the employee’s own pay level and sex-disaggregated averages for equal work, within two months.
- Stop asking about salary history for roles within the Flemish public-sector scope; this is already banned there.
- Track headcount against the 100-employee reporting threshold under the Flemish decree, and note the staggered first reporting dates: by 7 June 2027 for entities with 250 or more workers, and by 7 June 2031 for those with 100 to 149.
- Know the joint pay assessment trigger: a 5% pay gap combined with no objective justification and no fix within six months.
- Keep monitoring federal transposition, since that is what will eventually set the rules for private-sector employers nationwide.
Enforcement and open questions
- Competent authority
- Federal Public Service Employment, Labour and Social Dialogue
- Equality body
- Institute for the Equality of Women and Men
- What could still change
- Subnational implementation is in force, but no complete nationwide federal private-sector transposition measure has been validated.
Common questions
Is the EU Pay Transparency Directive already law in Belgium?
Only partly. Regional measures, the Flemish public-sector decree and the French Community decree of 16 May 2024, are in force within their own scopes. A nationwide federal transposition covering private-sector employers generally has not yet been completed.
Do private employers in Belgium have to comply with pay transparency rules now?
Only if they fall within the Flemish public-sector/education scope or French Community competence, where obligations are already in force. Broader private-sector obligations at federal level are not yet defined, so most private employers are currently in a monitoring position.
When do Belgian reporting obligations start?
Under the Flemish decree, mandatory reporting applies from 100 employees upward. Covered entities with 250 or more workers must file their first report by 7 June 2027, and those with 100 to 149 workers by 7 June 2031.
Can employers in Belgium ask candidates about their salary history?
Within the Flemish public-sector scope, no: covered employers are already banned from asking applicants about current or previous pay. There is no confirmed rule yet for employers outside that scope.
What triggers a joint pay assessment in Belgium?
A pay gap of 5% or more, combined with a lack of objective justification for it and a failure to remedy the gap within six months, triggers the requirement in force under the current regional measure.
Who enforces pay transparency rules in Belgium?
The Federal Public Service Employment, Labour and Social Dialogue is the competent authority, and the Institute for the Equality of Women and Men is the designated equality body.
- Pay information request right Art. 7(1)
- In force
- Response deadline Art. 7(4)
- 2 months
- Salary history questions banned Art. 5(2)
- Yes
- Joint pay assessment trigger Art. 10(1)
- 5.0%
Own individual pay level and sex-disaggregated average pay levels for workers performing the same work or work of equal value (Flemish public-sector scope).
Covered workers may request their individual pay level and comparator averages.
Read the sourceThe employer must answer in writing within this period.
The written response is due within two months of the request.
Read the sourceWhether employers are prohibited from asking applicants about their current or previous pay.
Covered Flemish public-sector employers may not ask applicants about current or previous pay.
Read the sourceThe unjustified gap that obliges the employer and worker representatives to assess pay together.
The 5% threshold is cumulative with lack of objective justification and failure to remedy within six months.
Read the sourceStill being verified against official sources: salary range in recruitment.
- Reporting threshold
- 100 employees
- Reporting model
- Employer-calculated / employer-filed Operational data-production and filing model for pay-gap reporting: employer-calculated, authority-calculated, hybrid, proposed, pre-existing or absent.
- First report, 250 or more employees
- By 7 Jun 2027
- First report, 100 to 149 employees
- By 7 Jun 2031
- Metrics required
- EU seven only Art. 9(1): Seven metrics: mean gap; variable-component gap; median gap; median variable gap; variable-pay participation by sex; quartile distribution by sex; category-level gap split basic and variable.
- Pre-existing regime
- Regional public-sector/competence-specific pay-transparency measures are in force in Flanders and the French Community; federal private-sector transposition remains incomplete.
- Formal transposition stage
- Partly in force
- Scope
- Regional / subnational
Next milestone
Monitor federal private-sector transposition and any further regional/community measures.
Primary sources
- Regional public-sector measures, including the Flemish Decree on pay transparency and the French Community decree of 16 May 2024; federal implementation remains incomplete Primary source, checked 7 August 2026
- Formal transposition stage Partly in force · in force · high confidence
- Core employer obligations Partly in force · in force · high confidence
- Transposition scope Regional / subnational · in force · high confidence
- Salary history questions banned Yes · in force · high confidence
- Pay information request right Yes · in force · high confidence
- Response deadline 2 months · in force · high confidence
- Reporting threshold 100 · in force · high confidence
- First report, 250 or more employees By 7 Jun 2027 · in force · high confidence
- First report, 100 to 149 employees By 7 Jun 2031 · in force · high confidence
- Reporting model Employer-calculated / employer-filed · in force · high confidence
- Joint pay assessment trigger 5% · in force · high confidence
Change history
This page is maintained by Evenpay from official primary sources and reviewed before publication. It is general information, not legal advice. Requirements vary by member state and change as national laws progress; figures described as proposed are subject to amendment.