Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Comments from trade union organizations. The Committee notes the communication dated 21 December 2009 from the Confederation of Christian Trade Unions (CSC), the General Labour Federation of Belgium (FGTB) and the General Confederation of Liberal Trade Unions of Belgium (CGSLB) concerning in particular a court decision restricting the autonomy of trade unions in the exercise of their disciplinary powers, and also the systematic recourse by employers to the judicial authority in order to prohibit collective action on the part of the trade unions, particularly the installation of strike pickets. The Committee recalls that it previously noted the observations of the International Trade Union Confederation (ITUC) dated 26 August 2009 concerning this same point. The Committee requests the Government to send its observations in reply to the comments made by the ITUC and to the communication from the CSC, FGTB and CGSLB.

Article 3 of the Convention. The Committee also recalls that it has been commenting for many years on the need to take steps to adopt objective, pre‑established and precise legislative criteria determining the rules for access of the occupational organizations of workers and employers to the National Labour Council. In its previous observation the Committee noted the information to the effect that a political agreement was reached in September 2009 in consultation with the most representative workers’ and employers’ organizations to amend the Organic Act of 29 May 1952 in such a way as to establish quantitative and qualitative criteria which the most representative organizations wishing to be represented on the National Labour Council would have to meet. The Committee notes with satisfaction the adoption of the Act of 30 December 2009 issuing various provisions, in particular Chapter 6 of Title 10 of the aforementioned Act, which amends the principal laws relating to collective labour relations, including the Organic Act of 22 May 1952 of the National Labour Council. The Committee notes that, under the terms of the Act, workers’ organizations must now satisfy in a cumulative manner the following criteria of representativeness: being constituted at national level and operating on an inter-occupational basis; representing the majority of sectors and staff categories in the public and private sectors: having a minimum number of paid-up members; and including the defence of workers’ interests among the objectives laid down by its rules.