Capital: Brussels

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is weak. Employers exploit the possibility given them in law to claim an “emergency” in order to break strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike pickets. A complaint by the three national centres to the European Committee of Social Rights was being examined at the time of writing.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2011
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Brussels

reported violations- 2011
Trade union rights in law
Basic trade union rights are guaranteed, however there are some areas of concern. Workers have the right to form and join unions of their choice. While special protection is awarded to workers’ representatives on works councils and health and safety committees, freedom from anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
is not adequately secured as union representatives are not fully protected against dismissal. Collective representation of workers in small and medium-sized enterprises (SMEs) is not fully protected either, although the situation improved with the adoption of a law in 2008 which secured consultation and information rights for trade union representatives in SMEs.
The right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is recognised, although there is no clear legal definition of this right. Civil courts have also weakened the right, in particular by restricting strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
pickets. An appeal was lodged in 2009 with the European Committee of Social Rights. Also in 2009, the Brussels Industrial Court refused to recognise the seriousness of the grounds for dismissing a delegate during a collective action. In the same judgement, the industrial court said that the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was not limited to strikes as such but could cover other types of actions (occupations...).
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
Anti-Union discrimination:
- >The law does not specifically protect workers from anti-union discrimination.
A ruling by the Constitutional Court on 2 April 2009 confirmed that the Anti-Discrimination Act of 10 May 2007 contained a loophole as it did not cover trade union convictions. Following that judgement, a draft law was formulated to modify the Act accordingly. A 1991 Act grants special protection to workers’ representatives in works councils and committees for prevention and protection at work. In addition to financial sanctions, the law provides for the possibility, but not the obligation, of reinstating workers who have been dismissed for their trade union activities. Trade union representatives who are not members of these two bodies have a lower level of protection.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Other external interference allowed by law
- According to the Belgian trade union organisations, the decision by the Antwerp Court of First Instance on 4 November 2008 to annul the decision by a union to expel members who are actively involved in xenophobic political parties and oppose the prerogatives of workers' organisations constitutes a breach of trade unions' internal autonomy by the judiciary. The court's decision, which they regard as purely formalistic, was based on the fact that the union's constitution did not expressly stipulate that a member could not belong to, or participate actively in a political party whose values were irreconcilable with those of the union in question. However, the unions maintain that the constitution did include the general principle whereby members of the union must adhere to the goals of the union as established and defined by its governing bodies based on the constitution. And the governing bodies had clearly defined the union's political stance as being incompatible with the political programme of the political party in question.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Managerial and supervisory staff
- Management staff (i.e. those people in charge of the daily running of a company and can take decisions on behalf of management, as well as those directly under them who are also involved in daily management) cannot stand in union elections or hold a trade union post.
- >Others categories
- Workers from small companies have been denied the right to collective representation for a long time due to opposition from employers’ organisations and managers of SMEs. In April 2008, following a ruling of the European Court of Justice and an agreement between trade unions and employers’ organisations, the law transposing the EU framework directive on workers’ information and consultation rights was finally adopted. The Law deals with companies employing between 50 and 99 workers. The deal concluded in the National Labour Council also provides for the right to information and consultation in companies which employ fewer than 50 people and have a trade union delegation. Companies with between 50 and 99 employees will have to provide information to and consult with the Committee for Prevention and Protection at Work. Trade union delegations in companies with less than 50 employees are given the right to receive important information related to working conditions, labour costs and company’s economic performance. The situation remains problematic for the sectors where there is no trade union delegation. Trade unions have concluded that, regardless of these improvements, workers in SMEs are still insufficiently represented.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
Restrictions
Provisions undermining the recourse to collective bargaining and his effectiveness:
- >Employers' discretionary right to refuse to bargain with representative trade unions
- If there is no trade union representative in a company, the management can refuse to negotiate with the representative trade unions.
- >Other legal provisions undermining collective bargaining
- 0
Limitations or ban on collective bargaining in certain sectors:
- >Armed forces
- >Police
- Army and external State security personnel are not allowed to strike in support of their demands. The police may go on strike following a prior negotiation procedure.
Right to strike
Principles
Right to strike:
- >The right to strike is not specifically protected in law, but neither is it explicitly prohibited except for workers in essential services.
Legislative authorities have intentionally refrained from defining the scope of the right to strike. The right to strike was recognised by the Court of Cassation (High Court) in 1981. However, it is felt that the adoption of the European Social Charter was responsible for the full introduction of the right to collective action in Belgium.
Restrictions
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- The judiciary's intervention in collective disputes is undermining the effective exercise of collective bargaining rights, particularly where bans are made on inherent components of collective action (such as pickets), with the imposition of fines or with a preventive impact before the action has even started. Following a series of decisions based on unilateral pleas (within non-contradictory procedures) in 2008 the three representative trade union centres and the European Trade Union Confederation lodged a joint appeal in 2009 to the European Committee on Social Rights for non-respect of the European Social Charter.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The judiciary's intervention in collective disputes is undermining the effective exercise of collective bargaining rights, particularly where bans are made on inherent components of collective action (such as pickets), with the imposition of fines or with a preventive impact before the action has even started. Following a series of decisions based on unilateral pleas (within non-contradictory procedures) in 2008 the three representative trade union centres and the European Trade Union Confederation lodged a joint appeal in 2009 to the European Committee on Social Rights for non-respect of the European Social Charter.
Provisions undermining the recourse to strike actions or their effectiveness:
- >Absence of specific protection for workers involved in lawful strike actions (e.g. against dismissal)
- An important ruling by the Brussels Industrial Tribunal on 5 November 2009 refused to recognise the seriousness of the grounds for dismissing a delegate during a collective action (strike with occupation of premises).
- >Other legal provisions undermining the right to strike
- The fines imposed based on unilateral petitions are mandatory under civil law and have the effect of breaking strike movements.
Limitations or ban on strikes in certain sectors:
- >Absence of compensatory guarantees for categories of workers deprived of the right to strike
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Brussels

reported violations - 2011
In practice
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation over all other forms of dispute settlement, employers have often and abusively called for the courts to intervene, claiming an “absolute emergency”. Rather than enter into negotiation, enterprises file an ex parte application which results in the courts taking a decision before the workers have had an opportunity to plead their case. Heavy fines are foreseen if they ignore these rulings. Appeals are possible, but usually fail. As a general rule, the courts consider that it is not acceptable to prevent employees or third parties gaining access to the workplace, regardless of whether violence is used in doing so, but judges have issued “preventive” orders even when there is nothing to indicate that such acts would be committed. Furthermore, if trade unions call off a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike , the courts consider that the dispute is settled and refuse to rule on the grounds for or possible infringement of the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . The European Trade Union Confederation, ETUC, and the three national trade union centres ACLVB-CGSLB, CSC-ACV and FGTB-ABVV lodged a complaint with the European Committee of Social Rights against this undermining of the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Brussels

reported violations - 2011
Violations
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike pickets considered as “assault and battery”. The courts of first instance ruled that the request was unfounded. In an appeal concerning the Louvain site, a judge ruled in the employer’s favour, ordering the entrances to be cleared to allow goods to enter and leave the plant, a decision challenged by the local authorities. On 20 January the parties to the dispute reached a compromise.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike and an ex parte application, the banking company Delta Lloyd issued a summary of a court ruling in its favour on the company’s intra net. A union representative who asked for a copy of the court order to examine the possibility of an appeal was refused by the employer on the grounds that a full copy of the order would only be of use in the event of a new strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike . On 28 April a tribunal ordered Delta Lloyd to pay legal costs, considering that the employer’s behaviour was contrary to the spirit of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. .
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Capital: Brussels
