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Worker representation does not exist on the executive boards of Belgian private companies. The system of corporate governance is based on a single administrative board that is either elected or appointed exclusively by the company’s shareholders.
As in other European countries, the works council system is highly developed in Belgium by law. The works council is jointly made up of employee and employer representatives and it is mainly a means for ensuring a regular flow of information and consultation within the firm. In addition, trade union shop steward committees also exist in the companies and these work in close cooperation with the works councils, which the trade unions dominate. But Belgium does have employee representation in some parts of its public sector, most notably in the state railway company where 3 out of 23 members of its administrative board are nominated by the trade union and elected by the workforce.
source: Robert Taylor (2004) in ETUI and Hans Böckler Foundation, The European Company - Prospects for board-level representation
DOCUMENTS: - BRIEF OVERVIEW: Company law and existing legislative provision for employee participation in Belgium (by A. Büggel)
(pdf)
 COUNTRY REPORT BELGIUM: Workers' participation at board level
(by Luc Triangle)
prepared within the project "Prospects for participation and co-determination under the European Company Statute" - more about this project
download country report (pdf, 135 kb) download whole report (pdf, 1.3 MB)
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(3) Transposition process
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SECOND UPDATE : 6 October 2004
Social partners in Belgium have reached agreement on the transposition of the SE directive (6-10-04).
DOCUMENTS: |
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UPDATE: 10 June 2004
The regulation on the European Company Statute was adopted by ‘Arret Royale’ on 14 May 2004.
Transposition of the SE Employee Involvement Directive will take place in Belgium by means of a collective agreement between the employers’ federations and the trade unions. The negotiations will be organised by the National Labour Council, first within the framework of a technical workgroup, then at the National Labour Council’s general meeting.
At present (10 June 2004), the negotiations in the technical workgroup are almost completed and the first draft of the collective agreement is ready.However, a number of fundamental points of disagreement remain.
First, the Belgian trade unions insist on trade union officials being allowed to stand as employee representatives in meetings of the Special Negotiating Body (SNB), based on positive experiences in the negotiations on European Works Councils: the trade unions made a major contribution to improving the agreements. The Belgian employers’ federations are against this, despite the fact that the directive allows it. For the trade unions, this represents what they call a “breakpoint”.
Another point of disagreement is the possibility of drawing up a list of substitutes for the Representative Body.
Agreement was reached at the final meetings of the technical workgroup on the following, among other things: the employer will cover the expenses of one expert, although more experts can be covered by mutual agreement; the SNB shall be reconstituted in the case of major changes in company structure; there shall be a written report if exceptional circumstances arise.
Another technical workgroup is planned for 24 June. This will probably be the last. Unresolved issues will then be forwarded to the main parties and representatives of the social partners (political level) in the National Labour Council who will make the relevant decisions. Political agreement between the social partners should be reached by the end of June 2004.
by Luc Triangle (CCMB, EMF)
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March 2004
1. Transposition will be done by collective agreement.
2. A Working Group has been established at the level of the National Labour Council. Composition: representatives from the national employers’ organisation, VBO-FEB, and the trade unions (ACV-CSC, ABVV-FGTB,…)
3. The Working Group started in November 2003. There have been five meetings so far.
4. The ‘opt-out’ principle will not be used in Belgium.
5. In the Working Group’s activities frequent reference is made to the work done by the European group of experts.
6. So far, the focus has been on the following articles of the SE Directive:
– art 2: definitions;
– art 3: creation of the SNB.
7. No agreement has yet been reached on:
– the possibility of trade union officials serving as employee representatives;
– adjustment of SNB composition if SE structure changes in the course of SNB negotiations;
– number of experts.
by Luc Triangle (CCMB, EMF)
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(5) Other relevant information (Info-Box)
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PUBLICATIONS:
The Belgian "General Confederation of Liberal Trade Unions of Belgium" (CGSLB: Centrale Générale des Syndicats Libéraux de Belgique ) has published a booklet providing detailled information both on the legislation concerning European Works Council and on the European Company (SE), and their Belgian transposition.
The booklet is available as pdf in   .
Direct link to download booklet in French: click here (ca. 3 MB)
Direct link to download booklet in Dutch: click here (ca. 3 MB)
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