The transposition deadline is fast approaching: are you ready for the pay transparency legislation?
Blog
2 June 2026
That is no reason to wait. Although the Belgian transposition still has to follow, the main outlines of the Pay Transparency Directive are already clear. Employers would therefore do well to critically review their job classification model, remuneration policy, pay criteria and internal processes now.
Information rights: more transparency for applicants and employees
A first important pillar of the Directive concerns information rights. Employees and job applicants will obtain a number of rights that create greater pay transparency with a view to ensuring equal pay for work of equal value.
These rights already apply before employment begins, namely during the recruitment process. The Directive provides that applicants must be able to know the starting salary or pay range before salary negotiations take place.
How this obligation will be implemented in practice is not yet clear. Employer organisations have already indicated that including this information in the job advertisement or communicating it in writing in advance does not seem advisable. It therefore remains to be seen how the legislator will give concrete effect to this obligation. The key point, however, remains that the applicant must receive this information in good time, so that the subsequent salary negotiation can take place on a transparent basis.
In addition, employers will no longer be allowed to ask applicants about their current or previous salary. The focus will therefore shift towards remuneration based on the position itself and on objective, gender-neutral criteria.
Employees who are already employed will also benefit from stronger information rights. They will gain more insight into how their pay is determined and evolves. In practice, this means that companies will have to explain which criteria they use for pay setting, salary increases and career progression opportunities.
Moreover, employees will have the right to request written information about their individual pay level and about the average pay levels, broken down by gender, of employees performing the same work or work of equal value. This will therefore not only concern equal work, but also work of equal value. A well-considered classification of functions and categories will be required for this purpose.
Reporting obligation for employers
A second important pillar concerns the reporting obligation regarding the pay gap for companies of a certain size. For those companies, pay transparency will also mean that they must identify, analyse and report pay differences between men and women within their organisation. Belgium already has certain obligations in this area, but this reporting obligation will be significantly expanded under the influence of the Pay Transparency Directive.
The objective is clear: pay differences will less easily remain under the radar. Employers will need to have a better understanding of where possible differences exist, how they can be justified and whether that justification also holds up legally. Differences are not prohibited as such, but they must be capable of being objectively justified.
The Directive itself provides a number of possible grounds for justification. These may include differences in skills, efforts, responsibilities or working conditions, such as night or weekend work. Other elements may also play a role in justifying pay differences, provided that they are objective and gender-neutral, and can concretely justify the differences identified.
Enforcement
Finally, the Directive also already provides clarity on several points regarding enforcement. Where a pay gap is established, the employee may invoke a presumption of discrimination. The usual sanctions for discrimination are linked to this. In addition, the employee may claim the arrears of pay to which he or she would have been entitled in the absence of such discrimination, without any limitation in time. The burden of proof will then rest on the employer, who will have to demonstrate that there has been no discrimination.
Effective, proportionate and dissuasive sanctions will also be introduced for infringements.
Conclusion
The message is therefore clear: do not wait for the final transposition. Have your recruitment process, remuneration policy and internal procedures regarding pay setting and salary increases reviewed and brought into compliance today. Those who prepare now will be in a stronger position later, both legally and practically.
We would be pleased to assist you in preparing for these new obligations and are closely monitoring developments regarding the Belgian transposition of the Directive, so that we can provide you with targeted and accurate assistance at any time.
