Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Belgium (Ratification: 1951)

The Committee notes the Government’s report.

The Committee recalls that for many years its comments have focused on the need to take measures for the adoption of objective, pre-established and detailed legislative criteria determining rules for the access of the occupational organizations of workers and employers to the National Labour Council, and that in this respect the Organic Act of 29 May 1952 establishing the National Labour Council still contains no specific criteria on representativeness, but leaves broad discretionary power to the Government.

The Committee notes with interest the Government’s indication that: (1) it intends to make certain changes to the legislation respecting industrial relations and that the revision of the criteria of representativeness along the lines indicated by the Committee duly appears in the draft amendments; (2) the revisions under consideration concern several legislative texts but there has been no decision yet as to whether these modifications or revisions will be covered by a global approach or by successive or separate amendments (in the case of a global approach, the process will be slower); and (3) the Committee will be informed of any development in this respect, with which Parliament and the social partners will be involved.

The Committee hopes that, during the process of the amendment of the legislation referred to by the Government, objective and pre-established criteria adapted to the needs of the country will be adopted to determine the rules for the access of occupational organizations of workers and employers to the National Labour Council and that this process will be completed in the near future. The Committee requests the Government to inform it in its next report of any developments in this respect.