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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 (minimum wage) and 95 (protection of wages) together.

Minimum wage

Articles 1 and 2 of Convention No. 26, Article 1 of Convention No. 99. Scope of application of the minimum wage fixing machinery. Further to its previous comment on this matter, the Committee notes the Government’s indication in its report that in 2013 the National Labour Council (CNT) removed the sliding scales that were applied to the monthly average interoccupational minimum wage level for young persons between 18 and 21 years.
Articles 3(2)(3), and 4 of Convention No. 26, Articles 3(4) and 4 of Convention No. 99. Binding nature of minimum wages. Supervision and sanctions. Further to its previous comments on this matter, the Committee notes the Government’s information that confirms, in particular, that a sectoral collective agreement fixing a minimum wage lower than the minimum wage fixed by the collective labour agreement adopted by the CNT for the interoccupational level is null and void. It also notes the adoption of the Social Criminal Code in 2010 and the joint liability mechanism for the payment of wages incorporated in 2012 into the Act on the protection of remuneration for workers.

Wage protection

Article 11 of Convention No. 95. Protection of wage claims in the event of bankruptcy. Further to its previous comments on this matter, the Committee notes that the 2009 Act on the Continuity of Enterprises was repealed by the Act of 11 August 2017 incorporating Chapter XX, on insolvency in enterprises, into the Code of Economic Law. In accordance with the new mechanism, workers’ remuneration owed to them because of the termination of their employment relationship is admitted as a preferential claim, irrespective of whether the termination occurred before or after the declaration of bankruptcy.

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Article 1(1) of the Convention. Differing minimum wage rates based on age. In reply to the Committee’s previous comment, the Government states in its report that, pursuant to the implementation of the European Directive 2000/78/EC under the Act of 10 May 2007 aimed at combating certain forms of discrimination, the sliding scales of pay based on age were replaced, in various sectors, by scales linked to experience or seniority. It nevertheless points out that within sectoral joint committees, 73 per cent of jobs are still affected by the application of the scales and that the Collective Labour Agreement No. 50 of 29 October 1991, which establishes sliding wage rates applying to workers under 21 years of age, is intended to govern all the situations not regulated by these joint committees. In this respect, the Committee notes that a Bill on abolishing the varying monthly average guaranteed minimum wage level (RMMMG) based on age was submitted to the Senate at the end of 2010. The Committee requests the Government to provide specific information on the follow-up to this Bill.
Articles 3(2)(3) and 5. Binding nature of minimum wage rates. The Committee notes that, pursuant to articles 1 and 3(1) of the Collective Labour Agreement No. 43, full-time workers of 21 years of age or over are entitled to the RMMMG, irrespective of their branch of activity and, consequently, of the joint committee covering them. However, according to the information contained in the Government’s report, which makes a comparison between the minimum sectoral wage rates and the RMMMG, a number of sectors have established minimum wages lower than the RMMMG; the negative wage differential may be as high as 19 per cent (large shops) and even 23 per cent (paper/cardboard processing). The Committee notes the Government’s explanations that, in the sectors in question, many collective labour agreements are still concluded at enterprise level and that, overall, the number of jobs concerned is limited (5 per cent of the total number of jobs). It nevertheless requests the Government to provide fuller information on the fixing of sectoral minimum wages that are lower than the RMMMG and, in particular, on the difficulties that workers might encounter when they are paid especially low minimum wage rates.
Part V of the report form. Practical application. The Committee takes note of the detailed information provided in the report and its appendices. It notes in particular that, according to a study conducted by the Federal Planning Bureau, the number of workers paid at the minimum sectoral wage rate accounted for between 3 and 6 per cent in the fourth quarter of 2008, whilst between 0.6 and 1.2 per cent of workers were paid the RMMMG. The Committee requests the Government to continue providing updated information on the way in which the Convention is applied in practice, indicating, for example, the minimum wage rates enforced as well as the number and different categories of workers to which the minimum wage rate regulations apply; the Government is also requested to communicate copies of extracts from reports of the inspection services specifically concerning violations linked to the payment of the minimum wage and measures taken to counter this tendency, as well as any official documents or studies on matters of wage policy that would make it possible to assess the way in which the Convention is applied.
Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of recommendations made by the Working Party on Policy regarding the Revision of Standards (document GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Conventions Nos 26 and 99 belonged to the category of instruments that were no longer entirely up to date, even if they remained relevant in certain respects. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), that has made some progress compared to previous instruments on minimum wage fixing by providing, for example, for a wider scope, the introduction of a generalized minimum wage system and the adoption of certain criteria determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this respect.

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Further to its previous comment, the Committee notes the Government’s statement that, for technical reasons, it is not possible to determine the precise number of workers remunerated at the monthly average guaranteed minimum wage level (RMMG), or at the lower rate fixed on account of the worker’s age. It notes, however, that efforts have been made in this respect and that they tend to confirm that the number of workers concerned would be insignificant since paid wages are generally higher than the minimum wage set out in collective agreements.

In addition, the Committee notes with interest the detailed information attached to the Government’s report. It notes, for instance, the study by Eurostat relating to wage differences amongst European countries and regions, which shows that, in terms of annual gross salaries, whether in euros or in standards of purchasing power (SPA), Belgium ranks among the top half EU Member States. It also notes another study prepared by Eurostat regarding minimum wages, which shows that, in January 2006, minimum wages in EU Member States varied from 82 to 1,503 euros per month and that, in six countries, including Belgium, the minimum wage was higher than 1,200 euros.

However, the Committee notes that, according to the synthesis report of the Ministry of Labour and Employment on the evolution of minimum wages since 1975, while the RMMG, as at 1 August 2005, stood at 1,234.20 euros for workers above 21 years of age, it was only 1,012.04 euros for those above 18 years of age and 863.94 euros for the workers of 16 years of age or more. In this connection, the Committee recalls its General Survey of 1992 on minimum wages in which it concluded that “the reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age [...] should be regularly re-examined in the light of the principle of equal remuneration for work of equal value”. The Committee notes that the Government has not responded to its previous request for information on this point and therefore once again asks the Government to indicate whether a review of the lower RMMG rates for young workers is envisaged.

Finally, the Committee notes the study on minimum wages at the European level, which was published in August 2005 in the European Industrial Relations Review. According to this study, the minimum wage in Belgium was last revised in October 2004 and no wage increase was planned for 2005. The Committee requests the Government to provide information on the prospect of automatic minimum wage readjustment based on the evolution of the consumer price index.

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The Committee notes with interest the Government’s detailed report and the information provided in annex, particularly relating to the adaptation to the new European currency of all the provisions of labour law containing financial references and the fluctuations in wage costs, taking into account the wage margins established by the inter-occupational agreement for the period 2001-02. It requests the Government to provide the information requested on the following points.

Article 1, paragraph 1, of the Convention. The Committee notes that the minimum monthly guaranteed income (RMMG) is applicable to workers of both sexes, aged over 21 years, employed full time for at least one month. It notes that, under the terms of the relevant inter-occupational collective agreements, workers aged between 16 and 21 years are also covered by the RMMG but at a degressive rate of 6 per cent a year below the age of 21 years, while workers who are at least 22 years of age and have one year of occupational experience benefit from an incremented rate of the RMMG. The Committee would be grateful to be provided with information concerning the number of workers covered by reduced rates of the minimum wage and, with reference to paragraph 176 of its General Survey of 1992 on minimum wages, it requests the Government to indicate whether a re-examination has been undertaken or is currently envisaged of the reasons that prompted the adoption of lower minimum wage rates based on the age of workers in the light of the principle of equal remuneration for work of equal value.

The Committee would also be grateful if the Government would continue to provide, in accordance with Article 5 of the Convention, in conjunction with Part V of the report form, general information on the application of the Convention in practice, including for example: (i) changes in the minimum wage rates in force; (ii) the statistics available on the number of workers covered by the regulations respecting minimum wage rates; and (iii) the results of the inspections undertaken (for example, the violations reported, sanctions adopted, etc.).

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The Committee notes the Government’s report along with the attached documentation. The Committee recalls that in its last comment it noted certain concerns of the Government on the relevance of the Convention in the light of the general situation of the Belgian economy and requested the Government to supply information on the measures taken or contemplated to modify the minimum wage fixing machinery and any other measures which would affect the application of the Convention. In its reply, the Government indicates that the legislative machinery and regulations on determining remuneration have not been modified and that collective labour agreements continue to be concluded as before. The Committee notes also the Government’s statement that no measure is currently contemplated to modify wage-fixing systems in Belgium.

The Committee recalls once again that the Convention, far from being a wages policy instrument, merely lays down the basic principles which must be applied to any wage-fixing machinery, for example, the obligation to consult the social partners, the right of organizations of employers and workers to be associated in the operation of the machinery on equal terms, the need for a system of supervision and sanctions and the compulsory character of the minimum wage. Referring to the comments made by the Government in its latest report, the Committee requests it to continue to communicate in future reports information of a general nature on the evolution of minimum wages as well as on any measure affecting the establishment, application or review of methods for fixing and adjusting minimum salaries payable to the groups of wage earners protected by the Convention.

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1. The Committee notes that the Government refers to a report by the Organisation for Economic Cooperation and Development (OECD) concerning the economic situation in Belgium (cf. ECO/EDR(97)3 produced by the Economic and Development Review Committee) which, among other things, recommends the abolition of automatic indexation and allowing payment of wages below the guaranteed minimum level. The Government considers that it might come under pressure to denounce this Convention owing to the general state of its economy, if it were obliged to follow the principal recommendations contained in the OECD report. The Government considers that the measures advocated in the report would certainly not be compatible with the Convention without a very broad interpretation being given to the terms general or particular authorization of the competent authority (Article 3, paragraph 2(3), of the Convention), which in any case covers only the minimum wages provided for in collective agreements.

2. The Committee recalls that the Convention provides for a framework (the wage-fixing machinery), the general manner in which this machinery operates, and consultation and participation of employers' and workers' organizations on an equal footing. It is the responsibility of the Government ratifying the Convention to adopt the necessary measures that will allow this general framework to function. In this regard, the Committee refers in particular to paragraph 431 of its 1992 General Survey on minimum wages, according to which any adverse effect on employment may result not so much in the obligations imposed by the Conventions or to establish minimum wage-fixing machinery as from the actual amount of the minimum wage which is determined not by the Conventions themselves but by agreement between the parties or by decision of the competent authority in consultation with the parties concerned. This General Study also recalls that such adverse effect is likely only in so far as the minimum wage is unduly high in relation to what economists call equilibrium wage levels.

3. The Committee therefore, while noting the Government's concerns, asks it to provide information on: (i) measures taken or contemplated to modify the minimum wage-fixing machinery or the mode of operation of that machinery; or (ii) any other measures that would affect the application of the Convention.

[The Government is asked to report in detail in 2000.]

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