Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Belgique

Convention (n° 26) sur les méthodes de fixation des salaires minima, 1928 (Ratification: 1937)
Convention (n° 95) sur la protection du salaire, 1949 (Ratification: 1970)
Convention (n° 99) sur les méthodes de fixation des salaires minima (agriculture), 1951 (Ratification: 1968)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage fixing machinery. Further to its previous comment on this matter, the Committee notes the Government’s indication in its report that in 2013 the National Labour Council (CNT) removed the sliding scales that were applied to the monthly average interoccupational minimum wage level for young persons between 18 and 21 years.

Articles 3(2)(3), and 4 of Convention No. 26, Articles 3(4) and 4 of Convention No. 99. Binding nature of minimum wages. Supervision and sanctions. Further to its previous comments on this matter, the Committee notes the Government’s information that confirms, in particular, that a sectoral collective agreement fixing a minimum wage lower than the minimum wage fixed by the collective labour agreement adopted by the CNT for the interoccupational level is null and void. It also notes the adoption of the Social Criminal Code in 2010 and the joint liability mechanism for the payment of wages incorporated in 2012 into the Act on the protection of remuneration for workers.

Wage protection

Article 11 of Convention No. 95. Protection of wage claims in the event of bankruptcy. Further to its previous comments on this matter, the Committee notes that the 2009 Act on the Continuity of Enterprises was repealed by the Act of 11 August 2017 incorporating Chapter XX, on insolvency in enterprises, into the Code of Economic Law. In accordance with the new mechanism, workers’ remuneration owed to them because of the termination of their employment relationship is admitted as a preferential claim, irrespective of whether the termination occurred before or after the declaration of bankruptcy.