Discrimination on the basis of trade union convictions
An employee is refused a promotion because she is a union representative. A colleague is harassed by his superior because he is a trade union member and points out dysfunctional situations within the company. Discrimination on the basis of trade union convictions can occur in different areas and take different forms.
Definition
The protected characteristic of trade union convictions covers trade union membership, trade union conviction and trade union activity, specifically:
- the fact of joining or belonging to a trade union organisation;
- activity carried out within the framework of such an organisation such as participating in a demonstration or strike;
- the simple fact of adhering to a trade union philosophy, without necessarily being affiliated with a trade union.
Case law adopts a broad definition of the notion of trade union convictions.
- See on this subject: Ghent Labour Court, July 11, 2019 | Unia and Walloon Brabant Labour Court, Wavre division, December 8, 2023 | Unia (only available in Dutch or French).
Trade union convictions concern workers who are members of a trade union, but also workers who are not members of a trade union and who unite in spontaneous (trade union) action. Whether or not you are a member of a trade union and whether or not the trade union supports the action is therefore irrelevant.
It is also important to note that this protection always works both ways: there can also be discrimination for not belonging to a trade union or for not participating in trade union activity.
Examples
Please note that the below links to examples are only available in Dutch and/or French:
Following a conflict generated by the frantic pace of work within a company, spontaneous strikes break out. A candidate employee representative, and he alone in his team, is disciplined several times for his behaviour.
Five workers are fired following their participation in a work stoppage not approved by the trade union (a wildcat strike). .
A company hires a number of workers from another company but rejects the application of one worker who refuses to accept a reduction in salary. The company believes it can no longer trust him because he has called upon the help of his trade union to maintain his salary conditions.
A trade union representative defends workers and tempers conflict within the company. A social mediator finally finds a solution, but the employer does not respect the agreement. As a result of this situation and his union involvement, the union delegate is treated less favourably.
A company discriminates on the basis of trade union convictions when it systematically puts a particular trade union at a disadvantage compared to another trade union.
The applicant is not yet a delegate, nor a candidate, but the CSC (the confederation of Christian trade unions) informs her employer that she is going to follow training intended for union delegates. Her employer refuses the leave for this and fires her, claiming that she has been absent too often in recent months and that she is disrupting the organisation. The next day, he receives a registered letter informing him that the applicant had been appointed as a trade union delegate.
A woman held an interim management position. She was elected as trade union secretary and requested a full-time secondment to the trade union. The employer authorised this secondment, but immediately ended the ad interim appointment to exercise a management function. This resulted in a significant loss of wages for the woman.
A driver is a trade union delegate. Significant tensions arise between the management and other workers. As a result of these tensions, several strike actions are carried out and the delegate requests a formal psychosocial intervention regarding his supervisor. He is summoned by the management for a disciplinary process: he is accused of having insufficiently checked the alignment of the wheel nut indicators on his truck, immediately after the strikes. He is fired for breach of trust.
FAQ regarding the criterion
Open How can we help you if you are a victim of discrimination on the grounds of your trade union beliefsconvictions?
Unia has concluded a cooperation agreement with the CSC, the FGTB and the CGSLB. This cooperation agreement provides that in the event of discrimination at work (refusal to hire, harassment, dismissal or any other unfavourable treatment), the trade union will actively monitor the case and Unia will support the trade union legally (legal advice, highlighting case law on non-discrimination) and/or strategically (discussions on the strategy to adopt, on the various possible solutions, etc.).
This framework of cooperation is all the more essential to respect in matters of discrimination based on trade union convictions. After all, it is crucial that the trade union fully supports its members and delegates when they are treated unfavourably as a result of their union involvement, as such treatment touches upon the very essence of trade union protection and freedom of association.
Discrimination on the basis of trade union beliefsconvictions in the law
Freedom of peaceful assembly and association, particularly in the trade union field, is a fundamental right, which entails the right of all persons to form and join trade unions to defend their interests. This freedom is enshrined by documents such as the Universal Declaration of Human Rights, the European Convention on Human Rights and the Belgian Constitution. It is one of the foundations of a democratic society. It is also true that no freedom, even a fundamental one, is absolute and may therefore be subject to certain limitations. However, any limitations must be carefully described, justified and proportionate.
The anti-discrimination regulations also provide that a difference in treatment based on trade union convictions is prohibited if it is not justified by a legitimate purpose and the means implemented to achieve it are not appropriate and necessary.
Find out more about discrimination
Discover the other protected criteriaReligious and philosophical convictions
Discrimination because you are a Sikh or a Muslim, for example.
Sexual orientation
Discrimination because you are gay, for example. It does not include gender-related protected characteristics.
Report discrimination
Do you feel you have experienced or witnessed discrimination? Report it online or call the toll-free number 0800 12 800 on weekdays between 9.30 a.m. and 1 p.m.