15/01/26

Flanders advances pay‑transparency transposition for the public sector

The Flemish Government approved a draft decree to partially implement the EU Pay Transparency Directive (EU 2023/970) for the Flemish public sector, taking effect on 7 June 2026.

Scope

  •  Applies to Flemish services, local authorities, and educational institutions and their staff (public sector under Flemish jurisdiction).

Right to information

  •  Employees may request written information on individual pay and average pay (by sex) for same or equal value work; requests via employer, unions, or the Flemish Human Rights Institute (VMRI); employers reply within 60 days and must give annual notice of this right.

Gender pay gap reporting

  •  Seven metrics (overall and variable gaps, medians, quartiles, recipients of variable pay, and gaps by category) with thresholds mirroring the Directive: 
    • 250+: annual from 7 June 2027
    • 150–249: three yearly from 7 June 2027
    • 100–149: three yearly from 7 June 2031
    • <100: voluntary (no obligation)
  •  Employers must submit the reporting to the competent federal central body (to be designated at federal level), communicate the category-by-category gender pay gap to their staff and representative unions, and proactively publish the core metrics.

Joint pay assessment

  •  Required if a ≥5% category level gap is unjustified and not remedied within six months after reporting; must map and remedy gaps, share results with staff and representative unions, and submit to a Flemish designated supervisory body.

Elements not included in this decree text (or addressed via other instruments)

  •  No pre hire pay range disclosure or pay history ban in this decree.
  •  Enforcement, sanctions, burden of proof, limitation periods and procedural safeguards are expected to be addressed by other instruments (not in this decree).

Call for action

With the Wallonia-Brussels Federation already in force since 1 January 2025, Flanders advancing a public-sector decree for 7 June 2026, the Walloon Government adopting in first reading on 11 December 2025 (text pending), and federal arrangements still to come, employers should not wait. The EU deadline of 7 June 2026 remains firm and is not expected to be delayed. Act now to de-risk compliance and demonstrate leadership.

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