Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC), dated 26 August 2009, concerning the increasingly systematic acts by employers of the judicial authorities to prohibit certain types of collective action by trade unions, and particularly the setting up of strike pickets. In the view of the ITUC, trade unions are not able to fully exercise their right to collective action since the informal agreement in 2002 between the social partners envisages that referral of trade disputes to the court would only occur when conciliation procedures have been exhausted and certain courts still issue injunctions even before the commencement of collective action. The Committee requests the Government to provide its observations on the ITUC’s comments.

The Committee recalls that its comments have for many years concerned the need to take measures for the adoption of objective, pre-established and detailed legislative criteria determining the 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 information that a political agreement was found in September 2009 in consultation with the most representative organizations to amend the Organic Act of 29 May 1952 with a view to establishing quantitative and qualitative criteria that the most representative organizations which wish to be represented on the National Labour Council would have to meet. In this respect, the Government indicates that a Bill will be tabled at the beginning of the parliamentary session to amend the Act of 29 May 1952 and that the National Labour Council approved a draft which will be adopted by the Parliament before the end of the year relating to the criteria of representativeness. The Committee requests the Government to provide a copy of the Act once it is adopted.

Finally, the Committee notes the detailed information contained in the Government’s report relating to the latest developments in case law respecting the protection of freedom of association and invites the Government to continue to provide information of this nature, where appropriate.