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This feature examines social partner involvement in Belgium's 2002 National Action Plan (NAP) for employment. It is one of a set of similar features for all the EU Member States, written in response to a questionnaire.
This feature outlines how Belgian social partner organisations have been involved in Belgium's 2002 National Action Plan (NAP) on employment. Under the European employment strategy, each year the EU Member States draw up NAPs in response to the annual Employment Guidelines.
Similar features on social partner involvement in the 2002 NAPs have been drawn up by the European Industrial Relations Observatory (EIRO) national centres in all the EU Member States, in response to a questionnaire. Details on the background to this exercise, and the questionnaire used, can be found at TN0206102F. Readers are advised to refer to the questionnaire in conjunction with this feature.
Belgium's 2002 NAP was approved by the cabinet on 19 April 2002, on the proposal of the Minister of Employment and Equal Opportunities.
An important feature of Belgium's institutional structure is its fragmentation at different levels of power (federal, community and regional). Powers relating to employment and training are distributed among these different levels and this decentralisation of powers is also reflected in the consultation of the social partners, which are involved in drafting the NAP. For this reason, the process of drafting the NAP in Belgium is complex; it involves a wide variety of political, technical and administrative participants, coordinated by the Federal Minister of Employment.
At the level of federal employment policy, the social partners are consulted on NAPs at the intersectoral level through the bipartite National Labour Council (Conseil National du Travail/Nationale Arbeidsraad, CNT/NAR). As part of this approach, the social partners on the CNT/NAR were consulted on a regular basis throughout the process of developing the 2002 NAP.
During the process, the partners were given the opportunity to review the provisional versions and comment on the first drafts of the NAP, by means of exchange of correspondence between the CNT/NAR and the Minister of Employment. They also had the opportunity to evaluate the NAP in its entirety at the end of the process, as regards the methodology adopted and the content. This evaluation is contained in CNT/NAR opinion no. 1,396, adopted at its session on 26 April 2002.
Moreover, the social partners had the opportunity in 2002 to contribute actively to the drafting of some sections of the NAP that fall within the CNT/NAR's remit:
In opinion No. 1,396, the social partners represented on the CNT/NAR declared that they were 'very pleased with the excellent collaboration that characterised the whole preparatory phase of drafting the 2002 NAP'.
On the other hand, they would have appreciated the opportunity to consult provisional texts also of the annexes to the NAP, which were presented to them 'practically in their finished state', at the end of the process. The social partners insist on the importance that these annexes assume: 'They provide the statistical support for the employment strategy outlined in the NAP. For a number of indicators, the data provided are in line with the presentation adopted by the European Commission, but there are others – certainly where context indicators are concerned – for which the figures provided are assuredly not neutral in terms of political choices.' Thus the social partners request in their opinion that they should also be consulted during the process of drafting the annexes to the 2003 NAP.
Similarly, concerning the choice of 'best practices' presented to the European Commission as part of the NAP process, the social partners state that they would prefer, next time, to be involved in their selection 'taking into account their knowledge of the field'. This consultation should start 'from the stage that the measures adopted as best practices are announced politically'.
The overall coordination of the NAP is centralised under the responsibility of the Federal Ministry of Employment and Labour. Almost weekly meetings on the NAP took place with the political representatives of the regions and communities. These bodies consult the social partners at their level independently, by means of the consultation procedures particular to their institutional framework, as follows:
The social partners were thus consulted at regional and community level so that they could provide their opinion in the drafting of the 2002 NAP. The deadlines and the need to coordinate all participants can on occasion be frustrating for the social partners at the regional and community levels, who must for instance provide their contributions within very tight deadlines. Moreover, given the number of parties involved, the contributions are greatly restricted for organisational reasons. On the other hand, the relevant social partner organisations are part of a process taking place at their level of action, in which they are more willing to become involved.
In opinion no. 1,396 on the 2002 NAP (see above), the social partners represented on the CNT/NAR made a number of general and specific comments on the NAP's content. For example, they were concerned that some of the references in the Plan to improving the reconciliation of work and family/private life might imply that such measures were of relevance principally to women, rather than workers of both sexes. Specific comments covered the NAP's provisions in areas such as increasing the employment rate, older workers, flexibility and security, and geographical mobility.
The 2002 Employment Guidelines promote collective bargaining and social partner action in the areas of:
The social partners drafted the majority of part D of the 2002 NAP (in response to objective D of the Employment Guidelines on the development of a comprehensive partnership with the social partners for the implementation, monitoring and follow-up of the European employment strategy), in which they explain the time-honoured Belgian tradition of social consultation and their active role in the definition and implementation of employment policy in Belgium. The material below draws heavily on this document.
The Belgian system is characterised by the conclusion, every two years, of national intersectoral agreements, in which the social partners define the main lines of the policies to be implemented with regard to social affairs and employment. These agreements are subsequently implemented through bargaining at sectoral level. The most recent agreement, covering the two-year period 2001-2 was concluded in December 2000 (BE0101337F). A number of matters covered in this agreement directly concerned issues falling within the scope of the EU Employment Guidelines:
A number of the measures implemented by the public authorities take up reforms defined in the framework of agreements between the social partners. An example relates to the reconciliation of work and private life. On 14 February 2001, the social partners on the CNT/NAR concluded national collective agreement no. 77 (BE0108360F), which introduced: the right to a 'time credit' (allowing employees to take a period off work or reduce their hours by half, without breaking off the contract of employment and without loss of social security rights); the right to a one-fifth working time reduction; and the right of those aged over 50 to a reduction in working time. The CNT/NAR adopted opinion no. 1,339 on this issue at the same time. Subsequently, the law of 10 August 2001 (which came into force on 1 January 2002) on the reconciliation of work and quality of life enshrined this new system of time credits and reduced working time.
Another example is that, in terms of the creation of new jobs, the 2001-2 intersectoral agreement includes many measures aimed particularly at persons belonging to groups at risk and older workers. All of these measures were implemented by the law of 5 September 2001 on improving the rate of employment of workers, in relation to which the CNT/NAR was consulted and issued opinion no. 1,345 of 20 April 2001.
The social partners at regional and community level have been involved in implementing the European employment strategy in various ways.
The Belgian social partners are regularly involved in European social affairs and employment policy-making in the matters that concern them directly, through regular contact with Belgian representatives on the EU Employment Committee and Social Protection Committee. In addition, within the framework of formal requests, the CNT/NAR issued many opinions on European issues during 2001, for the attention of the government.
The Belgian tradition of social dialogue played an important part throughout the long process of drafting the 2002 NAP, which began in autumn 2001. The social partners were consulted on a regular basis. In 2002, they were also involved in drafting some parts of the document. (Catherine Delbar, Institut des Sciences du Travail, UCL)
