In Brussels, the tests to detect cases of discrimination in hiring can now be used on the basis of reports or complaints but also of sufficient presumptions, without having to obtain the prior agreement of a magistrate, as is the current case.
The Brussels parliament gave the green light on Wednesday by a large majority (58 yes; 4 no; and 9 abstentions) to a draft ordinance carried by the Minister of Employment, Bernard Clerfayt (DéFI). This text aims to simplify the implementation of these tests to strengthen this fight.
A first prescription from 2017 proved to be of little use in practice. The new prescription offers simpler and more proactive tests; on-site testing; enhanced protection for inspectors; and increased collaboration with Actiris.
Given that since 2017, the Federal government has also legislated in this area, the new ordinance can only be applied in matters relating to the competences of the Region. But the list is nevertheless relatively long. The Region will be able to intervene with employers contacting Actiris to hire a worker, employers in the social economy, regional or local public service, service vouchers, temporary work. This also concerns those who hire or refuse to hire a worker subject to a work permit, those who wish to hire a worker via employment assistance, local employment agencies, etc.
This skill limit “may seem like bad news. But I take away from this the desire shared with the Federal government to build an exchange of information and memorandums of understanding between regional and federal inspection services, as well as the desire with the Federal Minister for Employment, Pierre-Yves Dermagne (PS), to conclude a cooperation agreement to be able to fight hand in hand against discrimination on the basis of the greatest number of existing reports”, qualified Bernard Clerfayt.