Belgium - 2011

Population:
Capital: Brussels

reported violations - 2011

Documented violations - actual number of cases may be higher

Background

Since the last legislative elections on 13 June, the political crisis of several years became even more acute. The Dutch- and French-speaking parties have been unable to reach a compromise on the institutional reforms needed before a government can be formed. The caretaker government has little margin for manoeuvre or decision-making powers. Major socio-economic policy decisions have been put on hold.

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...).

In practice

Non-respect of the 2002 “gentlemen’s agreement” on the peaceful settlement of industrial disputes, right to strike flouted: Despite an informal agreement signed by the social partners social partners Unions and employers or their representative organisations. in 2002, aimed at encouraging conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

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
.

Violations

Attempted strike breaking at Inbev: On 12 January, further to strikes at the Liege and Louvain plants of AB Inbev (the brewing giant had just announced restructuring plans that would mean cutting 300 jobs) the employer applied to the courts to have the 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 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.
Delta Lloyd banking company shows contempt for social dialogue: On 15 March, following 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
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. .
Compensation for 26 protected former employees of Forges de Clabecq: On 3 May, at the end of very lengthy proceedings, the metals company Duferco was ordered to pay compensation to 26 former employees of Forges de Clabecq. When the forge went bankrupt in 1997, the unions and the buyer (Duferco) signed an agreement on the re-employment of 800 workers who had lost their jobs. During the proceedings however, nearly all former union representatives were ruled out (only three protected workers out of a total of 160 were invited to submit job applications). Forty two of them lodged a complaint on the grounds of discrimination, believing the arguments given by the employer (absenteeism, involvement in too many workplace accidents, etc.) were fallacious. The tribunal did not uphold the charge of discrimination.
Preventive arrests and physical force against Euromanifestation demonstrators: When the European Day of Action, “Euromanifestation” was held on 29 September in Brussels, organised by the European trade unions, the police made 250 arrests, at least 150 of which were preventive (i.e. before the demonstration). Belgium’s Human Rights League and many trade unions also deplored the fact that physical force was used against demonstrators who were not disturbing public order in any way and did not display any real or potential violence.
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