Labour Administration Convention, 1978 (No. 150) - Belgium (Ratification: 2011)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Referring to its previous comment, the Committee notes the information sent by the Government concerning the laws and regulations providing for consultation, cooperation and negotiation between the public authorities and employers’ and workers’ organizations, in accordance with Article 5 of the Convention, and assigning them various roles (such as participation in the management of unemployment benefit payments to workers), in accordance with Article 2. The Committee also notes the information concerning the procedures for coordinating the functions and responsibilities assigned to the labour administration system, in accordance with Article 4; and the monitoring of the activities of parastatal agencies responsible for particular labour administration tasks by government auditors or representatives appointed at the central and regional levels, in accordance with Article 9.

Article 10. Pay conditions and training of labour administration staff. The Committee previously noted that, according to the Government, the staff of the labour administration system do not have a special status: they either fail under the ordinary regulations governing state employees and are recruited by open competition, or are hired on ordinary employment contracts following assessment by a panel. The Committee notes the Government’s indication that, in reply to its request to provide information on the differences in conditions of pay between these two categories of staff, the trend is towards progressively eliminating the disparities between them but some differences remain. According to the Government, these differences are as follows: (i) civil servants are permanent while the appointment of contract employees is for a fixed term or for an unspecified duration; (ii) prospects for pay rises are less favourable for contract employees; (iii) civil servants have the possibility of changing roles so as to work in another organization (horizontal mobility) and of promotion to a higher level on the basis of tests; (iv) more attractive pension and health insurance schemes for civil servants; (v) higher level of protection for civil servants; and (vi) social security contributions for civil servants are about 2 per cent lower. The Committee requests the Government to provide information on the staff of the different services of the labour administration system, including on their status as civil servants or contract employees. Recalling that the staff of the labour administration system must have the status necessary for the effective performance of their duties (Article 10(2)), the Committee requests the Government to specify the steps taken to ensure that the status of contract employees guarantees their independence from any improper external influence, as required by Article 10(1).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report and welcomes the detailed information it contains on the application of the Convention.

The Committee notes the information on the tasks performed by several divisions of the labour inspectorate in tackling illegal work and social fraud, and refers in this connection to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they apply also to the present Convention.

Article 2 of the Convention. Laws or regulations entrusting certain activities of labour administration to employers’ and workers’ organizations. The Committee notes that, according to the Government, various roles have been assigned to the employers’ and workers’ organizations by a number of laws such as those governing the economy, bodies for the consultation and participation of workers and social elections, and by various regulations governing commissions, advisory councils or other committees. The Committee would be grateful if the Government would specify the laws and regulations concerned, and requests it to send copies of the provisions that entrust certain labour administration activities to employers’ and workers’ organizations.

Article 4. Coordination of the functions and responsibilities assigned to the labour administration system. The Committee would be grateful if the Government would indicate how it ensures the coordination of functions in the national system of labour administration.

Article 9. Checking the activities of parastatal, regional and local agencies. The Committee notes that, according to the Government, government commissioners or representatives ascertain whether parastatal agencies responsible for certain labour administration activities are operating in accordance with national and regional legislation. The Committee would be grateful if the Government would indicate how the government commissioners or representatives ensure that parastatal agencies operate in accordance with the law and adhere to the objectives assigned to them.

Article 10. Pay conditions and training of labour administration staff. The Committee notes that, according to the Government, the staff of the labour administration system are not governed by a special statute: they either come under the ordinary regulations governing state agents and are recruited by competition, or are appointed under ordinary work contracts following assessment by a panel; in either case they have the same conditions of work, but not as yet the same conditions of pay. The Committee would be grateful if the Government would provide information on the differences in conditions of pay between the two categories of staff mentioned above, and on the training that labour administration staff receive on taking up their duties and in the course of their employment.