Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Employment Policy Convention, 1964 (No. 122) - Belgium (Ratification: 1969)

1. Article 1, paragraph 1, of the Convention. Labour market trends and active employment policy. The Committee notes the detailed information contained in the Government’s report for the period ending 31 May 2007, and the full documentation attached. It further notes the contribution of the Brussels-Capital Region and the Flemish Government to the implementation of the Convention. It notes that there are still significant labour market disparities between, and even within, regions with the employment rate in Flanders being 65 per cent in 2006, while it was only 56.1 per cent in Wallonia and 54.3 in Brussels. The employment rate rose from 61 per cent in 2006 to 61.5 per cent in 2007, but still remains lower than the European Union average, which is 64.4 per cent. The Federal Public Service for Employment, Labour and Social Dialogue considers that, despite this rise, the goal of 70 per cent by 2010, which Belgium set in the context of the European Employment Strategy, would appear to be particularly difficult to achieve. The cooperation agreement concluded in 2005 has made it possible to increase collaboration between the employment services of the regions and communities, principally through the mutual systematic exchange of job vacancies. It is planned to strengthen this systematic exchange of vacancies. The Committee, however, notes that the Higher Employment Council indicates in its report for 2007 that, in view of the significance of regional differences, further measures are required to stimulate mobility and that the mutual transmission of vacancies between regional employment services must be accompanied by a strengthening of collaboration between regional services in relation to training and the placement of jobseekers. The Committee invites the responsible authorities to specify in the next report the results achieved in facilitating balanced regional development of the labour market and the specific activities undertaken to promote full employment in underprivileged regions.

2. Article 1, paragraph 2. Employment market policies. The Committee notes that in Belgium the standardized OECD unemployment rate fell from 8.4 per cent in 2005 to 7.5 per cent in 2007, and that the employment rate for women has increased to 54 per cent in 2006. The recent fall in unemployment attributed, among other factors, to the scheme for the activation of attitudes to jobseeking introduced in 2006, has principally benefited Flanders and younger workers. The employment rate of young persons, nevertheless, remains relatively low and the obstacles to their vocational integration most frequently referred to are the inadequacy of their level of training or the mismatch between training and the needs of enterprises and the lack of professional experience. The Committee notes that this fall in unemployment does not, however, apply to older workers or the long-term unemployed. The employment rate of workers between the ages of 55 and 64 years was 32 per cent in 2006 (36.9 per cent in Brussels, 31.4 per cent in Flanders and 31.9 per cent in Wallonia), or 11 per cent lower than the European Union average (43.5 per cent), which is still well under the objective of 50 per cent set for 2010. The employment rate of foreigners is lower than that of the native population, with the gap being around 3 per cent for nationals of the European Union, but exceeding 27 per cent for persons originating from countries outside the European Union. The Committee notes that, according to the 2007 report of the Higher Employment Council, proactive measures are necessary to improve the integration of categories which are currently under-represented on the labour market, including the conclusion of diversity plans. The Committee notes that in the inter-occupational agreement “for an innovative economy and for employment” for 2007–08, concluded on 2 February 2007, the social partners call upon all sectors and all enterprises, in dialogue between employers and workers, to conclude agreements and take measures to facilitate greater diversity at the workplace, contributing among other objectives to strengthening the participation of workers with disabilities, persons with low educational levels and older workers in the labour market, and promoting equality of opportunity for women and men. The Committee requests the Government to provide specific information in its next report on the results achieved by the measures implemented to promote lasting employment for vulnerable categories of workers, such as women, young persons, older workers, ethnic minorities and workers with disabilities.

3. Education and training policies. The Committee notes the emphasis placed by the Higher Employment Council in its 2007 report on the importance of training as a determining factor in accessing employment and that it is, therefore, essential for enterprises to pursue and intensify their efforts in the field of vocational training. The Committee notes the measures adopted, particularly at the regional level, to encourage training for young persons and jobseekers, and the implementation of a system for the certification of acquired skills with a view to improving the matching of education and further training. In the inter-occupational agreement of 2 February 2007, the social partners confirmed their previous commitments in the field of training, and invited the sectors to give effect to them during the next cycle of sectoral bargaining. The Committee requests the Government to continue providing information on the results achieved in terms of labour market integration through the measures implemented in the context of education and training policies.

4. Article 2(a). Collection and analysis of employment data. The Committee notes that the Higher Employment Council in its 2007 report indicates that an overall view of the supply and demand of labour is necessary to carry out a precise evaluation of the labour market situation and that it hopes that the regional employment services and private actors in vocational integration will collaborate for the adoption of a common methodology with a view to the compilation in the near future of reliable statistics on the real number of vacancies in each region and throughout the country. The Committee requests the Government to provide information on the measures adopted at both the federal and the regional levels for the compilation and analysis of statistical data on employment as a basis for decisions relating to employment policy measures.

5. Article 2(a). General economic policies. In reply to the 2006 direct request, the Government refers to measures intended to promote the social economy (and particularly the system of service cheques for local jobs and services). The Committee hopes that the next report will contain other information on the measures established by the authorities responsible for promoting productive employment “within the framework of a coordinated economic and social policy”, with an indication of the results achieved through these measures.

6. Article 3. Participation of the social partners in the formulation and application of policies. In reply to the 2006 direct request, the Government indicates that, despite difficulties relating to concerted action, the joint statement of 27 March 2006 for “a more competitive economy for employment” and the inter-occupational agreement 2007–08 “for an innovative economy and for employment”, concluded on 2 February 2007, show that constructive inter-occupational dialogue remains possible. The Committee notes that, following the consensus achieved in the inter-occupational agreement of 2 February 2007, sectoral bargaining is under way. It notes the Government’s indication that this aspect of the contribution of the social partners to employment policy would appear to be essential, particularly to take into account the specific characteristics of the various branches, and at the enterprise level particularly in relation to further training, work organization, the reconciliation of work and private life, worker mobility and flexibility. The Committee would welcome receiving information and data on the results achieved, and on the problems encountered and lessons to be learned from the experience of the social partners concerning the implementation of the provisions of the Convention.