C HINA -EU F ORUM B EIJING, 9 – 10 J ULY, 2010 The functions of Trade Unions in Belgium

T HE FUNCTIONS OF T RADE U NIONS IN B ELGIUM 1. Representing 2. Claiming & negotiating 3. Defending 4. Advising 5. Giving authorizations 6. Controlling 7. Developping services 8. Networking 2 The functions of Trade Unions in Belgium

1. REPRESENTING In companies of +20 employees : shop steward +50 : Health & Safety committee (H S C) +100 : Works Council (WC) (social, eco & financial information) In companies of -20 : problem : no representation For H S C and W.C, there are social elections every 4 years; law provides strong protection against dismissal of union members but employers try to get around this 3 The functions of Trade Unions in Belgium

1. REPRESENTING Also : At sectoral level : joint committee At interprofessional level : National Labour Council In labor courts, or in social security bodies Unions also represent subgroups facing special issues : young employees, women, foreigners without permit, unemployed or retired people. 4 The functions of Trade Unions in Belgium

2.CLAIMING & NEGOTIATING For setting up new rights : better wages, better working conditions… In companies : shop steward Also in sectors or at interprofessional level In Belgium : the sectors are very important in determining minimum wages, salary scales and other kinds of remuneration 5 The functions of Trade Unions in Belgium

2.CLAIMING & NEGOTIATING The negociated rights are strengthened by means of legal mechanisms Collective Labour Agreement (CLA) (sector, companies) Inner Working rules (IWR) (companies) Only representative unions can set up a CLA ; Law provides criterions of representativity 6 The functions of Trade Unions in Belgium

2.CLAIMING & NEGOTIATING Law provides for a hierarchy of these different sources of rights : Law > CLA > labour contract > IWR If the CLA is confirmed by decree, the violation of it is an offence Problem : due to economical crisis, Employers attempt to use CLA in order to reduce employees’ rights 7 The functions of Trade Unions in Belgium

3.DEFENDING In collective or individual disputes shop steward has right of intervention right to be heard by the employer For individual disputes (not solved by the shop steward), there is the free legal aid for lawsuit, provided by the trade union to its member 8 The functions of Trade Unions in Belgium

4.ADVISING As member of the National Labour Council or of the managing board of the social security bodies, the unions (as well as the employers’organizations) are consulted for advice on every bill of law in social matters 9 The functions of Trade Unions in Belgium

5. GIVING AUTHORIZATIONS On particular issues, law provides that the employer has to ask for the authorization of the shop steward, f.i. : Recruitment of temporary employees Working of extra hours 10 The functions of Trade Unions in Belgium

6.CONTROLLING Shop steward has to control that employer applies correctly Labour legislation CLA He has the support of his union law departement He can ask support from the social inspections 11 The functions of Trade Unions in Belgium

7.DEVELOPPING SERVICES Trade unions pay unemployment allowances under control of the State Trade unions provide free legal aid to employees in case of dispute against employer of against a social security body. 12 The functions of Trade Unions in Belgium

8.NETWORKING Unions belong to a whole social movement composed of various associations active in social field This network intends to create the most favourable power relationship for the defense of the self interest of employees. The problem is to develop this network on the European field better. 13 The functions of Trade Unions in Belgium