1. 1 China-EU Forum Beijing, 9 – 10 July, 2010 The protection of employees Forth section

2. 2 Role and functions of the labor courts Characteristics of labor courts in Belgium –Specialized courts (not the European Court of Justice) –Composition : three judges One professional judge One representative of employers’ federations One representative of trade unions + Public Prosecutor (statutory law : social security, elections of workers’ representatives, …) –Pleading : lawyer or TU delegate (worker) and lawyer (employer)

3. 3 Role and functions of the labor courts Characteristics (continued) –Free of charge (problem of the costs for the worker if he loses – solution expected in the next future) when through the union/ may be costly otherwise –Judgment one month after hearing –Not competent for collective disputes but only for individual disputes csq : not competent in case of strike (ordinary courts if trouble to public order)

4. 4 Role and functions of the labor courts International courts 1.The European Union (European Treaty) COMMISSION COUNCIL PARLIAMENT COURT OF JUSTICE

5. 5 Role and functions of the labor courts 2. The Council of Europe (47 countries) COUNCIL EUROPEAN COURT OF HUMAN RIGHTS EUROPEAN CONVENTION ON HUMAN RIGHTS SOCIAL CHARTER

6. 6 Role and functions of the labor courts LABOR COURT LABOR COURT OF APPEAL SUPREME COURT EUROPEAN COURT OF HUMAN RIGHTS

7. 7 Role and functions of the labor courts LABOR COURT OF APPEAL EUROPEAN COURT OF JUSTICE CONSTITUTI0NAL COURT LABOUR COURT SUPREME COURT ECHR

8. 8 Role and functions of the labor courts BUT Direct application of European law in national law –Eg : Provisions of the Social Charter of the Council of Europe, containing fundamental social rights, among which the right to strike (right for the trade unions to take collective actions) directives of the European Union

9. 9 Role and functions of the labor courts Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin : also called the "Race Directive" (Directive 2000/43/EC on Anti-discrimination)Directive 2000/43/EC on Anti-discrimination Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupationDirective 2000/78/EC Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and servicesDirective 2004/113/EC Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast)Directive 2006/54/EC

10. 10 Role and functions of the labor courts Last remark : Arbitration –Collective disputes may be settled by administrative arbitration (out of court) –Not permitted in labor issues for individual rights protection unless for very high salaries (dismissal allowances) (but reintroduction in some countries under cover of financial and time saving) –Reasons : Much of labor law is statutory law (mandatory) law –Eg : car accident Does not give the guarantees above : –Possibility of appeal –Right of defense (no decision is possible on non debated issues; judge must answer al questions and arguments raised by the parties)

11. 11 –Does not respect The European Convention on Human Rights Convention on Human Rights (art 6) : Convention on Human Rights (art 6) : In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. ….