Union Delegate

Verified 07 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

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  • There are 2000 or more employees
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The shop steward (DS) ensures the link between employees and the trade union organization to which it belongs.

He leads the union section.

He represents his trade union to the employer and ensures the defense of employees.

The RO makes proposals, claims or claims to the employer.

The employer has to negotiate with the unions. This negotiation covers certain topics. The frequency of negotiations may be fixed by agreement between the employer and the trade unions. This frequency varies depending on whether or not an agreement has been reached with the trade unions.

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Agreement between employer and trade unions

An agreement between the trade unions and the employer may provide for the timetable, periodicity, subjects and conditions of negotiation. The periodicity of this agreement may not be more than 4 years.

Negotiations shall cover in particular the following subjects:

  • Wages, duration and organization of working time and wage savings
  • Gender equality and quality of life at work

In the absence of an agreement between the employer and the trade unions

Each year, union representatives negotiate with the employer on the following topics:

  • Wages, duration and organization of working time and wage savings
  • Gender equality and quality of life at work
  • Agreement on Forward Management of Jobs and Skills

The employer and the trade unions may also at any time, apart from compulsory negotiations, negotiate on subjects they choose.

Age and seniority requirements

An employee applying for the position of shop steward must meet the following 3 conditions:

  • Be at least 18 years of age
  • Work in the company since Minimum 1 year (or for 4 months in the case of the creation of a company or the opening of an establishment)
  • have not been subject to any prohibition, forfeiture or incapacity on his civil rights

Choice of designated employee

A representative trade union in the company shall appoint the DS from among the candidates in the professional elections who have obtained in their personal capacity and at least in their college 10% of the votes cast in the first round of the last ESC.

The union shall inform the employer of the identity of the RO by registered letter with acknowledgement of receipt or by letter delivered against receipt.

The letter must mention the mandate given to the employee and the framework in which this designation is made (company, establishment for example).

A copy of this letter shall be sent to the labor inspector following the company.

The union displays the name of the RO on the union communications panel.

FYI  

if the DS is replaced or ceases to hold office during his term of office, the same procedure shall apply.

Union Delegate

The number of shop stewards depends on the size of the company.

Tableau - Number of shop stewards by company size

Number of staff in the company

Number of union representatives

From 2,000 to 3,999 employees

3

From 4,000 to 9,999 employees

4

Over 9,999 employees

5

Additional Union Delegate

A representative trade union may appoint an additional trade union representative if the following 2 conditions are met:

  • To have obtained one or more elected representatives in the college of workers and employees at the election of the ESCESC : Social and Economic Committee
  • Have at least 1 elected to one of the other 2 colleges (Master's Officer and Executive)

This DS shall be chosen from among the candidates in the professional elections. These candidates must have at least 10% of the votes cast at 1er round of the last elections of incumbents in ESCESC : Social and Economic Committee.

Central Union Delegate

In a company with at least 2 establishments with 50 employees each, each representative trade union may designate a central RO different from the establishment trade union representatives.

Depending on the size of the company, the union representative has a certain number of hours of delegation to carry out his duties.

This time is considered to be working time.

Union Delegate

The union representative's hours credit is equal to 24 hours per month.

Additional Union Delegate

The additional shop steward has a credit of 24 hours per month.

Central Union Delegate

The central shop steward has a credit of 24 hours per month.

If the central shop steward is already a shop steward, his hours credit shall be increased to 24 hours if not already met as part of his or her mandate as a shop steward.

Example :

In a company of 3,000 employees with 2 establishments (one with 2,700 employees and one with 300 employees), the shop steward (300 employees) is entitled to 18 hours a month. This appropriation will be increased to 24 hours if he is designated as the company's trade union representative (6 hours + 6 hours).

Yes, the shop steward can serve more than one term.

In the performance of his duties, the shop steward may travel outside the company during his hours of delegation.

He may move freely within the company and make the necessary contacts for the performance of his mission.

He can also contact an employee at his workstation. This should not hinder the work of employees.

The term of office of the shop steward shall automatically end at the following professional elections.

It may also end in particular:

  • If the company's workforce falls permanently below 50 employees. In this case, either an agreement shall be negotiated between the employer and all representative trade unions, or DreetsDreets : Regional Directorate for Economic Affairs, Employment, Labor and Solidarity (ex-Direct) take a decision after verification in the absence of agreement
  • If the union withdraws DS's mandate from the employee it had designated
  • Following his resignation from office
  • In the event of termination of the contract of employment (e.g. resignation from employment)

Yes the shop steward shall be protected against dismissal.

The status of protected employee ensures that the dismissal of the employee is not related to his duties as a shop steward. This protection is intended, in particular, to protect him from possible reprisals by the employer.

There are 2 periods during which the SD is protected against dismissal.

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During the mandate

The protection shall apply throughout the term of office of the shop steward.

After the termination of the mandate

At the end of the term of office, the shop steward shall enjoy protection against dismissal for a period of 12 months provided that he has been in office for at least 1 year.

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