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Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) - Belgium (RATIFICATION: 1968)

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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to its previous comments on this matter, the Committee notes that the 2009 Act on the Continuity of Enterprises was repealed by the Act of 11 August 2017 incorporating Chapter XX, on insolvency in enterprises, into the Code of Economic Law.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.

CMNT_TITLE

Article 4 of the Convention. Supervisory system and sanctions. In its previous comment, the Committee noted that the inspection services of the General Directorate of Supervision of Social Laws had identified more than 80 per cent of irregularities with respect to the regulations on wage protection in the agricultural and horticultural sectors. On the basis of the figures contained in the Government’s report and in the activity report of the General Directorate of Supervision of Social Laws for 2009 (page 142), it notes that the inspection services had revealed 75 irregularities out of the 88 cases examined. The Committee notes once again that illegal pay practices are particularly common in the agricultural sector and recalls that only the introduction of an adequate system of monitoring and sanctions would make it possible to avoid violations and to guarantee the respect of minimum wage rate regulations. It therefore requests the Government to take the necessary measures to ensure that employers and workers are informed of the minimum wage rates in the agricultural and horticultural sectors and to strengthen the system of monitoring and sanctions in these sectors, in accordance with Article 4 of the Convention.

Article 5 and Part V of the report form. Practical application. The Committee notes the information contained in the Government’s report on minimum wage developments in the agricultural and related sectors, between January 2009 and January 2011. It requests the Government to continue providing information on the practical application of the Convention, in particular statistics on the number of agricultural workers paid the minimum wage rate, and extracts from inspection services reports that specifically concern irregularities linked to the payment of minimum wage rates and the measures taken to counter this trend.

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The Committee notes the new collective agreements adopted in the agricultural sector, namely the collective agreement of 29 July 2005 respecting wage and working conditions (joint committee No. 144, agriculture); the collective agreement of 8 February 2006 respecting the wage indexation to consumer prices (joint committee No. 144); the collective agreement of 8 February 2006 respecting wage and working conditions of seasonal and casual workers (joint committee No. 144); the collective agreement of 18 April 2006 respecting wage and working conditions of seasonal and casual workers (joint committee No. 145, horticultural enterprises); and the collective agreement of 29 July 2005 respecting the payment of a single allowance (joint committee No. 132, agricultural and horticultural enterprises).

In addition, the Committee notes that the monitoring of compliance with the wage scales established in collective agreements is entrusted to the Social Inspectorate, and in particular to the General Directorate of supervision of social laws. In this respect, the Committee notes the statistical information provided by the Government on labour inspection visits undertaken to ensure the protection of remuneration. It notes, in particular, that in 98 out of the 120 cases examined in the agricultural and horticultural sectors, that is in more than 80 per cent of the cases, irregularities were identified. It also notes from the information available on the web site of the General Directorate of the Social Inspectorate that the horticultural sector is considered as a sector that causes concern based on three criteria: the average inspection results based on the amount of wages being settled compared to the number of workers examined; the percentage of inspections that have resulted in a notification or judicial proceedings; and the number of complaints compared to the number of workers.

Based on this information, the Committee requests the Government to provide information on measures taken or envisaged to reinforce the labour inspection system and the system of sanctions in order to reduce significantly the number of irregularities with respect to the payment of wages in the agricultural and horticultural sectors.

CMNT_TITLE

The Committee notes the report provided by the Government. It notes in particular the information supplied on the economic difficulties in the agricultural sector, the fall in the number of employees in the sector and the poor prospects for the development of agriculture. With regard to the legal system and regulations respecting the fixing of minimum wages, the Committee notes the conclusion of the most recent collective agreements in Joint Commission No. 144 for agriculture and Joint Commission No. 132 for technical, agricultural and horticultural enterprises, respectively, and particularly the collective agreement of 27 July 2001 respecting working and wage conditions and the collective agreement linking wages and benefits to the consumer price index. The Committee requests the Government to continue in future, in accordance with Article 5 of the Convention and Part V of the report form, communicating any relevant information relating to compliance with the provisions of the Convention in both law and practice. The Committee would also be grateful to be provided with fuller information on the measures adopted or envisaged with a view to reinforcing the system of supervision and sanctions relating to compliance with the legislation on the protection of remuneration, in the light of the information contained in recent reports on the activities of the labour legislation inspectorate highlighting the illegal employment and remuneration practices for foreign workers which are particularly frequent in the agricultural sector.

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The Committee notes the Government's statement to the effect that there have been no important developments in respect of the application of the Convention. The Committee requests the Government to provide general information, in accordance with Article 5 of the Convention and point V of the report form, in respect of the practical application of the Convention in the agricultural sector, including: (i) the minimum wages rates which are in force and, where necessary, the minimum wage rates applied by category of worker; (ii) the available statistical data in respect of the number and the different categories of worker subjected to the regulations governing minimum wage rates; as well as (iii) the results of the inspection services (for example, the violations observed, sanctions imposed, etc.).