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

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

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).