Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Belgium (Ratification: 1951)

With reference to its previous comments on the need to ensure by law that objective, predetermined and detailed criteria are adopted in establishing rules for the access of workers' and employers' occupational organizations to the National Labour Council and the various public and private sector committees in which binding collective agreements are formulated, the Committee takes due note of the Government's statement in its report that the Minister of Employment and Labour is currently preparing a Bill setting out such objective criteria, which will be submitted to the social partners for their opinion and to the Government for approval.

According to the Government, the Minister will state and explain in writing the "unwritten" objective criteria for admission which the Government has applied for some time and which are accepted by the Belgian judiciary. In order to sit on the National Labour Council, occupational organizations must, among other requirements, be nationwide bodies, be present in the great majority of sectors, have stability and a minimum number of contributing members to be checked by an objective body.

The Committee also notes the Government's indication in its report that the National Confederation of Executive Staff (CNC) has been unable to demonstrate that it is representative - it reportedly obtained only 1.76 per cent of the total number of votes cast by all categories of workers at the social elections in June 1991 and is not interoccupational in nature - and did not obtain a seat on the National Labour Council when the latter's membership was renewed in December 1990.

The Committee recalls that it has been commenting on this matter for many years, and expresses the firm hope that the Government will do everything in its power to ensure that the Bill currently being prepared is adopted, in order to preclude any partiality or abuse in the choice of organizations authorized to sit on these bodies, and asks the Government to indicate any progress made in this respect in its next report.