Gentlemen Agreement Belgique

However, at the end of last year, Prime Minister Charles Michel had asked the social partners to move forward on this issue and to review the gentlemen`s agreement of 2002. Otherwise, the government would regain control. The other danger is that more and more social conflicts will end up in the courts. Is there anyone else who believes in the gentlemen`s agreement? In order to support the work-life balance for residents of Belgium under employment agreement in Luxembourg, both countries expressed their intention to double the limit of 24 days. In the future, it is thus anticipated that residents of Belgium will be able to spend maximum 48 days per year outside of Luxembourg for professional reasons, without being taxed on the corresponding employment income in Belgium (and vice versa). But it`s not won yet. Indeed, on the union bench, the status quo option dominates the debate. The conviction of an FGTB official at the Antwerp court last June further strengthened the position of the trade union. The FGTB, supported by the SCC, reiterated that there was no question of restricting the right to strike. Hence any change to the current gentlemen`s agreement, as the bosses want. “We are very disappointed that the negotiations that began in October on this very important subject have not been able to reach an agreement,” Pieter Timmermans, Director General of the Belgian Federation of Enterprises (FEB), said on Tuesday evening after the Group of Ten meeting on the Gentlemen`s Agreement. The social partners of the Group of 10 have been repeatedly asked by the government to revise the gentlemen`s agreement in order to adapt it to the current situation.

The last application was filed at the end of October 2015 by Labour Minister Kris Peeters. Unions and employers have failed to reach an agreement on the modernization of the gentlemen`s agreement, which sets the limits on the right to strike. “We didn`t expect anything else,” says our colleague at Knack Ewald Pironet. Based on a mutual agreement between (signed between Belgium and Luxembourg on 16 March 2015), an exception is foreseen to the above rules. Indeed, as from 1 January 2015, tax residents of Belgium who are working for a Luxembourg employer in Luxembourg, are allowed to perform employment activities outside Luxembourg for up to 24 days per calendar year, while they have performed their dutie physically in Luxembourg (and vice versa). In 2002, a Memorandum of Understanding was concluded between trade unions and employers` organisations to define a number of agreements and commitments to resolve social conflicts. This agreement, renamed the Gentlemen`s Agreement, aims to give priority to social consultation and dialogue in the event of collective conflicts. Employers` organisations agree, among other things, to recommend to their members to focus on consultation before proceeding legal proceedings. In return, unions recommend that their members comply with the strike declaration procedure (notice) and avoid any physical or material violence.

The gentlemen`s agreement of 2002 has remained a dead letter because it is not binding.