Unions in not-for-profit sector present demands to new government

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Since 2000, a number of agreements have been signed in Belgium's not-for-profit sector - which includes healthcare and 'socio-cultural' activities - focusing on issues such as working time reductions, the harmonisation of employment statuses and pay scales, and the presence of trade union delegations in small institutions. When a new socialist/liberal government was formed in July 2003, the trade unions conducted a review of the implementation of these agreements, and raised a number of issues of importance to the not-for-profit sector with the the new administration. The government's policy statement met some of these demands, particularly in respect of assistance in job creation.

In October 1999, a 'joint trade union front'- involving the Belgian Union of White-Collar Staff, Technicians and Managers (Syndicat des Employés, Techniciens et cadres de Belgique/Bond der Bedienen, Technici en Kaders van Belgïe, SETCa/BBTK), the National Federation of White-Collar Workers: Centrale Nationale des Employés/Landelijke Bedienen Centrale, CNE/LBC) and the Federation of Liberal Trade Unions of Belgium (Centrale Générale des Syndicats Libéraux de Belgique/Algemene Centrale der Liberale Vakbonden van Belgïe, CGSLB/ACLVB) - presented the various levels of government and joint committee s concerned with a list of demands for the whole of the 'not-for-profit' sector (BE0003305F). This sector, which accounts for over 10% of total employment in Belgium, includes both 'socio-cultural' activities and healthcare. The unions' demands and various actions based on them led to a range of agreements at different levels of government (federal, regional and community). The main points of these agreements were as follows:

• at federal level, a framework agreement of 1 March 2000 covers healthcare workers employed in institutions that come under the aegis of the federal government, such as private hospitals, nursing homes, rest homes, rehabilitation centres, home care centres and blood transfusion services. The dominant theme of the negotiations was working time reductions, and the agreement provided an opportunity for workers to cut their working hours at the end of their careers with no loss of pay. The agreement provided for the abolition of differences in pay and conditions between care staff working in hospitals and those in rest homes and care homes. It also sought to harmonise the status of employees, regularising the position of workers in precarious employment and aligning blue- and white-collar employment statuses. Another issue addressed was the presence of trade union delegations in small establishments and institutions; and
• at regional and community level, various agreements have been drawn up along the same lines, addressing the same kinds of issue (BE0011331F and BE0007318N), but with specific features linked to the competences of the different levels and the kinds of staff involved. These agreements cover a variety of subsectors, including institutions for people with disabilities, youth work, primary healthcare, crèches and nurseries, the socio-cultural sector, the 'socio-professional' sector, health promotion, continuing education and mental health.

In the framework of a multiannual plan, the government and the social partners promised to implement these various agreements through the not-for-profit sector’s joint committees.

Current situation

A review of the implementation of the abovementioned agreements for the not-for-profit sector, and of the sector’s needs, was carried out by the trade unions when the new 'violet' coalition government of liberal and socialist parties - the Flemish Liberals and Democrats (Vlaamse Liberalen en Democraten, VLD), the (French-speaking) Reform Movement (Mouvement réformateur, MR), the (French-speaking) Socialist Party (Parti Socialiste, PS) and the (Flemish-speaking) Progressive Social Alternative (Sociaal Progressief Alternatief, SP.A-Spirit) - was formed in July 2003 (BE0308302N).

In the trade unions' view, the main strength of the not-for-profit agreements so far has been the harmonisation of statuses and of pay, although this has not yet been totally achieved. Examples include the establishment at federal level of a single pay scale for the sector, aligned with the highest scale (ie the one applied in private hospitals), and the standardisation at regional level of the statuses of workers employed under 'unemployment reabsorption programmes' (programmes de résorption de chômage, PRC) in the Walloon and Brussels regions. Using the status of workers on subsidised employment contracts (agents contractuels subventionnés, ACSs) as a model, there has thus been a shift from eight statuses for PRC workers to just one. This harmonised and simplified regime came into force in January 2003, affecting 38,000 workers.

However, as far as the federal part of the sector is concerned, the joint trade union front in the not-for-profit sector claimed in May 2003 that 'although harmonisation has been achieved in spite of certain financial difficulties, particularly in rest homes, it has to be said that results have been largely unsatisfactory in terms of end-of-career issues and conditions of employment.'

In its assessment of the implementation of the not-for-profit agreements, SETCa/BBTK makes the following criticisms:

• budgetary consolidation has taken place at all levels of the state, and has led to a range of different outcomes. This has particularly affected the healthcare sector;
• 'category-specific' states of mind have developed following the granting of limited benefits to certain groups of worker. This is particularly true of the agreement signed in the healthcare sector concerning the award of end-of-career working time cuts, while the trade unions had called for an across-the-board reduction in working hours for all workers;
• a range of 'qualitative' demands, mainly concerning work organisation, covering absent employees with replacement workers, and compensatory hiring in the framework of 'time-credit' schemes (BE0108360F), have been put to one side; and
• the socio-cultural and school-linked services sectors 'continue to be our agreements’ poor relations' in both the French and the Flemish communities. Furthermore, some subsectors at federal level, such as clinics, laboratories and non-governmental organisations, are still excluded from the scope of the agreements.

Trade union demands

In the light of these observations, and looking forward to the end of the multiannual agreement signed in 2000 (the final phase at federal level will be applied at the end of 2004), the joint trade union front called on the parties negotiating the new government's policy statement to take account of the unions' firm intent to conclude a new agreement for the not-for-profit sector during 2004, to take effect as soon as the current one expires. With regard to the parts of the not-for-profit sector falling under the responsibility of the federal government, the trade unions' demands in negotiations over a new agreement would address the following issues:

• the extension of all end-of-career benefits to all;
• increased purchasing power for workers, to be achieved - in descending order of importance - through an improved pay scale, bonuses for working irregular hours, and the introduction of a '13th month' bonus payment;
• a guaranteed and improved pension scheme;
• improved employment conditions to be achieved - in descending order of importance - through raising staffing levels, covering absent employees with replacement workers, reducing working hours and making continuing training a right;
• a reduction in the minimum workforce size required to trigger the formation of a trade union delegation in not-for-profit sector institutions; and
• 'catch-up' measures for federal sectors not covered by the 2000 agreement.

More generally, both the Confederation of Christian Trade Unions (Confédération des Syndicats Chrétiens/Algemeen Christelijk Vakverbond, CSC/ACV) and the Belgian General Federation of Labour (Fédération Générale du Travail de Belgique/Algemeen Belgisch Vakverbond, FGTB/ABVV) have recently rejected the notion that the not-for-profit sector, like the public sector, should be 'commodified' and liberalised under the terms of the World Trade Organisation (WTO) General Agreement on Trade in Services (GATS) - a set of multilateral rules covering international trade in services. According to the unions, 'the GATS must acknowledge clearly that social, ecological and public health objectives must always prevail over the rules of free trade', and it follows that these areas must not be open to international competition.

The not-for-profit sector trade unions are particularly keen to draw the new government’s attention to the issue of employment.. Before the 2003 summer holiday period, the joint trade union front, together with some employers (as the sector is heavily dependent on public funding and the government’s budgetary choices, trade unions and employers often join forces to address the government) sent the Prime Minister a letter concerning the needs of the not-for-profit sector. These needs are focused on more jobs and new measures concerning the 'social Maribel' scheme, which seeks to create additional jobs in the public and private not-for-profit sector through reductions in employers’ social security contributions (BE0001303N). New social Maribel social security contribution reductions have been in force since January 2003.

Commentary

One of the central points of the new government's policy statement concerns the creation of 200,000 new jobs by the end of its term of office. This would enable Belgium to achieve a labour market activity rate of over 65%. The SETCa/BBTK trade union immediately reacted to this governmental objective, demanding that the not-for-profit sector should be one of the beneficiaries: this particularly applied to certain sectors, such as rest homes, where working conditions are especially arduous because of excessive workloads. The government statement also promised to 'table new actions' dealing with employment, such as a continued reduction in employers’ social security contributions - 'the aim is to make a drastic reduction in the cost of a number of specific jobs by reducing social security contributions.' This reduction would affect five target areas, including the not-for-profit sector: 'To facilitate the recruitment of additional staff, and particularly of nursing and care staff, a first step will be taken towards gradually aligning the reduction of social security contributions in the not-for-profit sector with that in the private sector.' The 'violet' government’s official statement therefore meets some of the not-for-profit sector demands, but the 'qualitative' part of the trade unions' claims and the strengthening of the measures that have already been implemented could lead to new talks at federal, regional or community level (Marinette Mormont, Institut des Sciences du Travail).