Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
  1. Home
  2. Browse subjects
  3. Law
  4. Employment Law
  5. Content listing

Refine search

Refine search

Access:
Content type:
Publication date:
Apply   From and To filters
Subject: Show more
Journals Show more
Publishers: Show more
Societies Show more
Series: Show more
Collections: Show more

Actions for selected content:

Select all | Deselect all
  • View selected items
  • Export citations
  • Download PDF (zip)
  • Save to Kindle
  • Save to Dropbox
  • Save to Google Drive

Save Search

You can save your searches here and later view and run them again in "My saved searches".

Please provide a title, maximum of 40 characters.
Cancel
×

1880 results in Employment Law

Page 56 of 94

  • Chapter 6 - The Content of the Contract

  • from II - CONCLUDING THE CONTRACT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 39-42

  • Summary

    The parties may include certain arrangements in the employment contract. Some clauses are explicitly regulated by the legislator, other ones are explicitly forbidden.

    SECTION 1. PROHIBITED CLAUSES

    AVOIDANCE CLAUSES

    Clauses stating that marriage, motherhood or reaching the legal or conventional retirement age terminate the contract are invalid.

    Also invalid are clauses that give the employer the right to terminate the employment contract without notice or before the term has expired when the employee's wages are garnished because of a credit agreement established by the Law of 12 June 1991 regarding consumer credit.

    THE MODIFICATION CLAUSE

    Sometimes parties agree that the employer has the right to change the terms of the contract unilaterally. Executive staff members, for instance, may agree to be employed ‘anywhere in the world’. Such a clause is null and void. With this the legislator wanted to avoid employees from being at the mercy of the entrepreneur. However, parties may agree to employment in a limited number of locations. This is not a case of unilateral modification of the contract. At the time the contract is concluded the employee already knows where he/she may end up.

    SECTION 2. CONDITIONS LAID DOWN IN THE EMPLOYMENT CONTRACT ACT

    PROBATION CLAUSE

    A probation clause is a clause in the contract of employment enabling the employer to assess the employee's suitability or enabling the employee to assess the suitability of the job. On 1 January 2014 this clause was removed from law except for a few categories of workers.

    GUARANTEE DEPOSIT

    An employee can only be asked to provide a guarantee deposit under the provisions laid down in a collective labour agreement. If no collective agreement has been concluded at enterprise level or at the level of the joint (sub-)committee, the provisions of Collective Agreement No. 41 apply. To prevent the employer from capitalising these deposits there are very strict rules.

    ARBITRATION CLAUSE

    See infra.

    COMPETITION CLAUSE

    See infra.

    THE DELCREDERE CLAUSE

    See infra.

    SECTION 3. CLAUSES NOT REGULATED BY THE LEGISLATOR

    Article 6 Employment Contract Act determines that clauses that are contrary to the provision of this law and its implementing orders are invalid insofar as these are intended to curtail the employee's rights or to aggravate his/ her obligations. As a result, a job applicant cannot renounce his/her legal rights.

  • Chapter 2 - Employers’ Associations

  • from II - TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 185-186

  • Summary

    SECTION 1. STRUCTURES

    Employers’ associations also distinguish between industrial and multi-industry organisations.

    Employers join the professional association of the branch of industry in which they are active. These associations are geographically organised at local, regional and national levels.

    At the national level, industrial federations are centralised by the multi-industry organisation. These federations, rather than individual employers, are members of the multi-industry organisation.

    The Belgian Federation of Enterprises groups the different industrial organisations, such as Agoria (metal sector), Fedustria (a.o. textile sector), Essencia (chemical sector) and CEPA (port of Antwerp).

    The interests of the self-employed are defended by UNIZO and UCM; the agricultural employers are united in the Boerenbond and the Federation Wallonne de l'Agriculture.

    Apart from these structures there are some important regional employers’ organisations, such as the Vlaams netwerk van ondernemingen and the Union Wallone des Entreprises. ETION and the Association chretienne des dirigeants et cadres319 organise employers on the basis of their (Christian) ideology.

    Although the Belgian Federation of Enterprises and its main affiliated federations are actually associations just like representative workers’ organisations, a certain number have adopted either the status of professional association or non-profit organisation.

    Provided they are representative, employers’ organisations can also participate in social consultations. Indeed, the provisions of Article 3 of the Collective Labour Agreements Act apply to both employers’ associations and unions. This means that only multi-industry organisations set up at national level with representatives in the National Economic Council and the National Labour Council are representative. Professional organisations can be awarded representative status on the recommendation of the National Labour Council. They do not have to meet the same quantitative criteria as employers’ associations.

    SECTION 2. INTERNATIONAL EMPLOYERS’ ORGANISATIONS

    The Belgian Federation of Enterprises is a member of the International Organisation of Employers. At the European level, it is affiliated to Businesseurope, which defends employers’ interests in the European Union.

    UNIZO and UCM are members of the European Association of Craft, Small and Medium-sized Enterprises. The employers of the semi-public sector are united in the European Centre of Employers and Enterprises providing Public Services.

    A lot of sectoral employers’ organisations also reside under a larger European or international structure.

  • Chapter 2 - Subordination

  • from I - THE CONTRACT OF EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 5-10

  • Summary

    SECTION 1. MEANING

    A prerequisite for the existence of an employment contract is an employee carrying out work for remuneration under someone's authority, i.e. in subordination: the employer has the right to give orders and the employee has to obey. The way in which the authority is expressed and/or the extent to which it is used is of less importance for the existence of an employment contract. It suffices that the employer has the right to exert authority in order to decide that there is indeed a contract of employment. It is precisely this power relationship that distinguishes work carried out within the framework of an employment contract and work done outside such a framework. The two other elements – work and wages – are also present in the case of self-employed activities. Here, too, we are dealing with work that is remunerated in some way. So it is the relationship of subordination that determines the scope of employment contract law. However, to a large extent this criterion is also the basis for the applicable social security scheme. Article 1 of the Social Security Act stipulates that this law applies to employees and employers bound by an employment contract. Accordingly, through the reference to the employment contract the relationship of subordination is also used for the application of the social security legislation for employees. On the other hand, the existence of an employment contract rules out the application of the social security legislation for self-employed persons and this as a result of the fact that pursuant to the legislation regarding the social status for self-employed persons this system only applies ‘in the absence of an employment contract’. In principle, this means that the employment status determines the social security status and not vice versa. Only if the social security qualification deviates explicitly from the qualification under labour law, will this qualification take precedence. However, in that case it remains limited to the application of the social security regulations.

Introduction to Belgian Labour Law
  • Patrick Humblet, Marc Rigaux
  • Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016
  • This book gives an overall picture of the principles of Belgian labour law, i.e. employment law as well as industrial relations law. It is intended for all those who want to become acquainted with Belgian labour law including foreign law firms, entrepreneurs who want to invest in Belgium, etc. For this reason the book focuses on topics that are of practical relevance.The authors not only describe and analyse the legal aspects of labour relations, but also indicate developing trends in Belgium.The book provides an up-to-date survey of the legislation that is both sufficiently detailed and usefully brief to answer most questions likely to arise in a legal setting.The authors describe all important details of the law governing working hours and wages, benefits, trade union activity, employers' associations, collective bargaining, industrial disputes, and much more.Building on a clear overview of labour law and industrial relations, the book offers practical guidance on which sound decisions in the labour law context may be based. Patrick HUMBLET is Professor of Labour Law at Ghent University. Marc RIGAUX is Professor emeritus at the Faculty of Law at Antwerp University. He was Dean of the Law Faculty from 1989 to 1993. Since 2002 he has been an assessor at the Council of State.

  • Chapter 2 - Principles of Contract Law in the Context of the Employment Contract

  • from II - CONCLUDING THE CONTRACT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 21-22

  • Summary

    SECTION 1. AUTONOMY OF WILL

    Parties are entirely free to give a contract the content they want. In principle this also applies to the individual contract of employment.

    However, whereas in the past the individual employment relationship was almost completely regulated by the parties, it is now the subject of extensive and specific regulations in legislation, collective labour agreements and work rules.

    SECTION 2. CONSENSUALISM

    Consensualism presupposes that prior to the conclusion of the agreement mere consent by the parties suffices. In the context of the employment contract this principle is given another content. Consensualism does not play a role in fixed term employment contracts, replacement contracts etc. In all these cases the law imposes certain formal requirements. The aim of these formal requirements is not only to make it easier to produce evidence, but also to protect the employee.

    SECTION 3. THE BINDING EFFECT OF THE CONTRACT

    The principle of the binding effect of the contract (Article 1134 Civil Code) also applies to employment contract law. Once the contract has been concluded neither of the parties may make any changes.

    SECTION 4. IMPLEMENTATION OF THE AGREEMENT BONA FIDE

    The employment contract is expected to be implemented in good faith.

  • Chapter 2 - Restructuring of Enterprises

  • from IV - TERMINATION OF EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 153-154

  • Summary

    In case of the restructuring of an enterprise there are provisions that deviate from ‘ordinary’ dismissal law.

    Employers who proceed to collective dismissal, closure of the enterprise or who transfer their enterprise, either completely or partially, must – depending on the case – inform the public authorities and employees’ organisations beforehand. Apart from this, in certain cases employees receive specific compensation. In the case of bankruptcy, too, there is a special arrangement for regulating employees’ rights after the take-over of the healthy parts of the bankrupt company. This arrangement was inspired by Chapter 11 of the US Bankruptcy Code. Because of the specificity this matter will not be discussed further. Those interested can find more information on the following governmental website: www. herstructureringen.be/restructuration/fr/homepage/index.html.

  • Chapter 1 - Trade Unions

  • from II - TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 181-184

  • Summary

    SECTION 1. THE LEGAL POSITION OF REPRESENTATIVE UNIONS

    FUNCTIONAL LEGAL PERSONALITY

    Unions can acquire legal personality provided their articles of association comply with the Law of 31 March 1889 on professional associations (hereafter referred to as the Professional Associations Act) or the Law of 27 June 1921 on non profit organisations (hereafter referred to as the Non-profit Organisations Act). For various reasons they have not used this possibility to date.

    After the Second World War, the public authorities realised that unions had to be formally involved in the socio-economic decision-making process and granted them certain powers, i.e. functional legal personality. This covers a wide range of union powers. The most important is undoubtedly the competence to conclude contracts and act as agents.

    In the framework of the Law on Collective Labour Agreements of 5 December 1968 (hereafter the Collective Labour Agreements Act), representative unions were awarded, inter alia, the competence to draw up legally binding collective labour agreements.

    REPRESENTATIVE WORKERS’ ORGANISATIONS

    The concept ‘most representative workers’ organisation’ was first used in the framework of the Constitution of the International Labour Organization and adopted in various Western European countries in the period between the two World Wars. It became commonly used in Belgium after 1945, when the legislature proceeded to structure industrial relations in consultation with the social partners.

    In order to facilitate social dialogue, the public authorities decided to negotiate only with representative workers’ organisations. To qualify as representative, they had to meet a number of conditions. Article 3 of the Collective Labour Agreements Act, for instance, provides that multi-industry organisations set up at national level and represented in the National Economic Council and the National Labour Council are representative. Other laws contain similar provisions.

    As a result, only three workers’ organisations are involved in social consultations at all levels, i.e. the Federation of Liberal Trade Unions, the Confederation of Christian Trade Unions, the Belgian General Federation of Labour and the occupational associations affiliated to the latter two.

  • Chapter 3 - A Written Document

  • from I - THE CONTRACT OF EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 11-12

  • Summary

    An employment contract is a consensual agreement which can be concluded orally and for which no written proof is required. However, in some cases the law requires that prior to recruitment a document is made up. Sometimes this requirement refers to the whole of the agreement. Written documents are necessary for: employment contracts for a fixed period or for a specified task, part-time employment contracts, replacement contracts, employment contracts for home workers, employment contracts for students, employment contracts for temporary work and temporary agency work, and employment contracts for tele-work. The law also requires certain stipulations of the contract to be laid down in writing: the competition clause and the Delcredere clause for sales representatives. These clauses do not necessarily need to be written down at the time of recruitment.

  • Chapter 3 - Suspension of the Employment Contract

  • from III - EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 61-114

  • Summary

    SECTION 1. GENERAL

    TYPES

    The grounds for suspension can be grouped according to their legal origin or on the basis of whether or not a guaranteed wage is due.

    Origin

    The first type consists of the grounds for suspension regulated by the employment contract legislation.

    The second series has its origin in the application of the principles of general contract law on the employment contract.

    In the context of civil law two kinds of suspension are acknowledged: the suspension of the contract that can be put down to the erroneous conduct of one of the contracting parties, and the suspensions for which an extraneous cause or circumstances beyond one of the parties’ control can be blamed.

    The third type refers to the conventional grounds for suspension. There is nothing to prevent the parties from agreeing that some or other event will suspend the employment contract. For instance, the employer may agree that the employment contract is suspended to allow the employee to travel around the world.

    Finally, there are certain grounds for suspension that cannot be put in any of the previous categories. This is, for instance, the case in the event of a strike and lock-out, which are qualified by jurisprudence as a ground for suspension of the employment contract.

    Guaranteed wages

    It is also possible to subdivide the grounds for suspension of the employment contract depending or whether or not they lead to the payment of guaranteed wages.

    The Employment Contract Act distinguishes between three forms of interruption of employment with guaranteed wages, namely the grounds for suspension with preservation of guaranteed daily, weekly and monthly wages.

    The Employment Contract Act also regulates a number of cases of suspension without linking these to any allowances.

    SETTING

    The establishment of legal grounds for suspension must be seen in the context of the legislator's pursuit of more job and socio-economic security for employees. The legislator does this by prescribing that in a number of cases, even though no work is undertaken, wages must be paid and by restricting the employer's right of dismissal, to a greater or lesser extent, during a certain number of periods of suspension.

  • IV - FUNDS FOR SOCIAL SECURITY

  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 247-248

  • Summary

    Employers and employees can set up a fund for social security at sectoral level. On the basis of a collective labour agreement, agreements are concluded concerning payments to this fund. The money in question can be used for various purposes:

  • – financing, granting and paying social benefits (e.g. trade union bonuses);

  • – financing and organising vocational training for employees and youngsters; Or

  • – financing and ensuring the health and safety of the employees.

    • The funds have legal personality; they are jointly managed by representatives of both the employers and the employees.

    In certain sectors (such as the building sector) the financial obligations of the fund are quite demanding. This is a consequence of, amongst others, the fact that (re)training, for instance, is fully organised via the fund. These costs (in addition to the social security contributions) lead to an increase in the labour costs, thus encouraging moonlighting. Another problem concerns the benefits for union members. Some sectors provide supplements to the unemployment benefits in the event of economic unemployment, although these are limited to members of the representative trade unions. Sooner or later, this practice may very well clash with the prohibition of discrimination.

  • Chapter 1 - Strikes, Lock-outs and Factory Occupation

  • from V - INDUSTRIAL ACTION
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 249-254

  • Summary

    SECTION 1. STRIKES

    Article 1 of the Essential Services Act describes a ‘strike’ as a ‘collective and temporary decision of workers to stop working’. This implies that:

  • – employees temporarily cease to fulfil their contractual obligation to work. A partial or alternative resumption does not suffice;

  • – strikes are collective. A one-man strike does not constitute a strike (unless the enterprise has only one employee);

  • – the cessation of work is only temporary. Strikers go back to work when the strike has ended; and

  • – a striker is a person who has ceased his/her contractual obligations. Members on a picket line are therefore not necessarily strikers.

    • Case law and doctrine often refer to the definition given in the Dictionary of Social Legislation: ‘A voluntary and un-coerced decision taken by all or a group of workers to deliberately stop working temporarily as a means of achieving a specific objective.’ As this text never became legally binding, its definition is indicative only.

    Strikes can be subdivided according to their:

  • – objective: professional strikes, solidarity strikes and political strikes;

  • – origin: regular strikes, spontaneous strikes and wildcat strikes; and

  • – the methods used: ‘ordinary’ strikes, work-to-rule strikes, lightning strikes, selective strikes, plant occupations, boycotts, go-slow strikes, etc.

    • In the past, the type of strike used affected the courts’ view of collective action. However, the Court of Cassation ended this situation with its principle ruling of 21 December 1981.

    LEGAL POSITION

    Before the Act of 24 May 1921, it was considered a criminal offence to organise and participate in a strike. Although the sanction under public law was repealed by the 1921 Act, striking remained an offence under civil law.

    Initially, participating in a strike was considered to be a breach of contract, but not serious enough to warrant a unilateral termination of the contract of employment. Strikers were often dismissed for just cause. The answer to the question of whether or not all forms of professional collaboration had become impossible depended on the nature of the work stoppage. Regular strikes (i.e. recognised by the representative unions and respecting the obligation of social peace and the conciliation procedure) were considered legal. Taking part in such actions did not justify dismissal for just cause. Spontaneous strikes (i.e. recognised by the representative unions, but not respecting the social peace obligation and conciliation procedure) were often regarded as unlawful.

  • II - TRADE UNIONS AND EMPLOYERS’ ASSOCIATIONS

  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 181-181

  • Summary

    Employers and unions are organised in professional associations.

    Article 10 of ILO Convention No. 87 defines a professional organisation as any organisation of workers or employers aimed at furthering and defending the interests of workers or employers. However, there is no actual definition in Belgian law. This is the result of two facts:

    Firstly, workers’ organisations have always refused to adopt legal personality. Secondly, the public authorities are committed to the natural balance of power and never intervene directly in industrial relations.

    This does not mean that unions operate in a legal void. Some have actually been specifically integrated into the system. Our study will be confined to these ‘representative’ organisations.

  • Chapter 1 - Rights and Duties

  • from III - EMPLOYMENT
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 43-56

  • Summary

    Employers and employees have certain rights and duties. These may stem from the individual employment contract, work rules, collective labour agreements and the law.

    Therefore it is impossible to discuss all the rights and duties of the parties in this context. We will restrict ourselves to the most important ones, more specifically, those included in the Employment Contract Act.

    SECTION 1. THE EMPLOYER's DUTIES

    GENERAL

    The employer shall:

  • - show respect and regard for his employee;

  • - observe and make the observation of propriety and decency a priority This obligation is not only imposed by Article 6 Employment Contract Act but also by the provisions of chapter Vbis of the law concerning the well-being of employees, which includes a number of provisions with regard to improper behaviour such as sexual harassment;

  • - allow the employee to work in the manner, place and time agreed, in particular when the circumstances require this and except for contrary provisions in the agreement, by providing the necessary assistance, equipment and materials. The employer may not employ the employee contrary to that which has been agreed in the employment contract. Nevertheless, the employer may adapt the working conditions with some flexibility;

  • - see to it with due diligence that the work is done in proper circumstances with regard for the employee's health and safety, and that in the event of an accident, first aid is available. To this end a first-aid kit must be at the personnel's disposal;

  • - pay the wages in the agreed manner, time and place. Actually, the parties’ freedom to regulate the manner in which the wages are fixed and paid is very limited. The Wage Protection Act72 regulates the various aspects of this obligation;

  • - accommodate the employee properly as well as provide him/her with healthy and sufficient food insofar as the employer has undertaken to provide him/ her with board and lodging;

  • - give the employee enough time to observe his/her religious obligations as well as the civil duties ensuing from the law;

  • - pay proper attention to the reception of the new employee, and in particular, of young employees;

  • Chapter 3 - Regulations for Settling Industrial Disputes

  • from V - INDUSTRIAL ACTION
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 259-262

  • Summary

    SECTION 1. THE ESSENTIAL SUPPLIES AND SERVICES IN PEACETIME ACT OF 19 AUGUST 1948

    After the Second World War, the Decree Law of 12 April 1945 prohibited strikes to facilitate the rebuilding of Belgium's war-ravaged economy.

    As this law limited a number of civil liberties it soon provoked considerable dissatisfaction amongst workers. It was repealed following union pressure and replaced by the Essential Services Act.

    The law sought to find a formula respecting the general interest whilst safeguarding individual liberties and freedom of association.

    However, it is important to note that the Essential Services Act is not truly a requisitioning law, but a conflict management model for the social partners. Joint committees play a very important role because they essentially decide which needs and services are vital and how they should be assured. The State only intervenes when the parties are unable to agree.

    SECTION 2. SCOPE OF THE ACT

    This act only applies to the private sector, provided the parties fall under the jurisdiction of a joint committee.

    The public sector and all the enterprises not governed by a joint committee therefore do not fall under its scope. In the past, however, the State used this act a number of times (contra legem) to requisition public servants.

    SECTION 3. THE CONCEPT ‘VITAL GOODS AND ESSENTIAL SERVICES’

    Parliamentary documents on the Act of 19 August 1948 defines essential services as follows: ‘private activities leading to the production of vital goods, necessary for the population, or activities forming a vital part of production or distribution, or relating to the distribution of these services meeting the population's fundamental needs’.

    Rather than defining the concept, the legislator chose instead to enumerate the characteristics of vital goods and essential services.

    SECTION 4. LEGISLATIVE MECHANISMS

    DEFINITION OF VITAL GOODS AND ESSENTIAL SERVICES

    The law provides three ways of determining vital goods and essential services.

    Joint committees identify vital goods and essential services

    As regards those enterprises falling under their jurisdiction, joint committees have a duty to identify and define the arrangements, supplies and services that must be maintained in the event of collective and voluntary stoppage of work or collective lay-off of employees (lock-out), in order to meet certain vital needs, to carry out urgent work on machinery or material (plant) and to perform certain tasks as a result of force majeure or an unforeseen necessity.

  • Chapter 1 - General Overview

  • from III - INSTRUMENTS FOR SOCIAL DIALOGUE
  • Patrick Humblet, Marc Rigaux
  • Book:
    Introduction to Belgian Labour Law
    Published by:
    Intersentia
    Published online:
    13 December 2017
    Print publication:
    11 August 2016, pp 187-188

  • Summary

    In the past, during periods of great social conflict, the public authorities summoned employees’ and employers’ representatives to round table conferences to to jointly seek solutions. Such tripartite concertation was the norm before and immediately after the Second World War. However, its importance gradually decreased as joint consultations gained a more structural basis following the establishment of permanent consultative bodies.

    Although some of these bodies are rooted in the 19th century, the foundation for structured collective bargaining was laid primarily during the German occupation. Employees and employers clandestinely concluded the ‘Draft Agreement on Social Solidarity’. This document contained a blueprint for industrial relations after the War, one of which was the establishment of joint cooperation at national, sectoral and enterprise levels.

    The first step taken in this direction was the Joint Committees Act of 1945, followed in 1946 by the Regent Decrees establishing Health and Safety Committees. In 1947, a national agreement between employees’ and employers’ organisations laid down the status of trade unions. Subsequently, the Law of 20 September 1948 with regard to the organisation of the economy (hereinafter Organisation of the Economy Act) established the National Economic Council and works councils.

    The National Labour Council was set up in 1952.

    Parallel to these joint bodies, high level negotiations were also held between the Belgian Federation of Enterprises and the unions, resulting in multi-industry agreements. Between 1960 and 1975 social dialogue was at its zenith. After 1975, state intervention increased as a result of the changing socio-economic climate, so much so that it effectively became a third party. Concertation evolved from bipartite to tripartite.

    As a result of the regionalization of state structures from 1980 onwards, the governments and regional ministries can also be parties to social consultations. To this end, Flanders’ Social and Economic Council and its Walloon counterpart, the Walloon Economic and Social Council were set up, in addition to the Flemish Economic and Social Consultative Committee and the Brussels Regional and Social Council for the Brussels region.

Page 56 of 94