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China-EU Forum Beijing, 9 – 10 July, 2010. The functions of Trade Unions in Belgium. The functions of Trade Unions in Belgium. Representing Claiming & negotiating Defending Advising Giving authorizations Controlling Developping services Networking. 1. REPRESENTING.
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China-EU ForumBeijing, 9 – 10 July, 2010 The functions of Trade Unions in Belgium
The functions of Trade Unions in Belgium • Representing • Claiming & negotiating • Defending • Advising • Giving authorizations • Controlling • Developping services • Networking The functions of Trade Unions in Belgium
1. REPRESENTING • In companies of +20 employees : shop steward +50 : Health & Safetycommittee (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 electionsevery 4 years; lawprovidesstrong protection againstdismissal of union members but employerstry to getaroundthis 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. 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 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 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 The functions of Trade Unions in Belgium
3.DEFENDING • In collective or individual disputes shop steward has • right of intervention • right to beheard by the employer • For individual disputes (not solved by the shop steward), thereis the free legalaid for lawsuit, provided by the trade union to itsmember 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 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 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 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. 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. The functions of Trade Unions in Belgium