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Chapter 1 - General Overview

from III - INSTRUMENTS FOR SOCIAL DIALOGUE

Published online by Cambridge University Press:  13 December 2017

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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.

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Publisher: Intersentia
Print publication year: 2016

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