Independent Workers and Industrial Relations in Europe · 2018. 8. 14. · Project co -funded by:...

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Independent Workers and Industrial Relations in Europe

Belgian country case study May 2017

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DG Employment, Social Affairs & Inclusion

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AGREEMENT NUMBER: VS/2016/0098

BELGIAN COUNTRY CASE STUDY

WP3. Country case studies

May 2017

L.Beuker, F.Naedenoen, F. Pichault

(University of Liège)


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Table of contentTable of contentTable of contentTable of content

1. NATIONAL FRAMEWORK 4

1.1 OVEVIEW OF THE LABOUR MARKET IN BELGIUM 4

1.2 SOME FIGURES ABOUT SELF-EMPLOYED WORKERS 5

1.2.1 SELF-EMPLOYED WORKERS WITH EMPLOYEES 6

1.2.2 SELF-EMPLOYED WORKERS WITHOUT EMPLOYEES 9

1.2.3. SOME FIGURES ABOUT I-PROS 9

2. LEGAL AND INSTITUTIONAL FRAMEWORK 14

2.1 SELF-EMPLOYED WORKERS IN BELGIUM 14

2.1.1 SOME INTERESTING INITIATIVES 14

2.1.2 THE START OF THE SELF-EMPLOYED ACTIVITY 16

2.2 LEGAL AND REGULATORY FRAMEWORKS REGULATING NEW AUTONOMOUS WORKERS 16

2.3 LEGAL/REGULATORY DIFFERENCES/DISTINCTIONS BETWEEN DIFFERENT TYPES OF NEW AUTONOMOUS WORKERS 18

3. PUBLIC POLICY TO SUPPORT NEW AUTONOMOUS WORKERS 23

3.1 SOCIAL SECURITY SYSTEM: BRIEF PRESENTATION OF THE NATIONAL FRAMEWORK. 23

3.2 MAIN ARRANGEMENTS CONCERNING NEW AUTONOMOUS WORKERS IN THE SOCIAL SECURITY SYSTEM 24

3.3 WHAT SORT OF PROTECTION DO THE AUTONOMOUS WORKERS ENJOY? 24

3.4 WHAT ARE THE POSSIBLE PROTECTIONS IN CASE OF ILLNESS, PREGNANCY, UNEMPLOYMENT AND RETIREMENT? 26

3.5 WHAT ARE THEIR PAID CONTRIBUTIONS (MANDATORY AND VOLUNTARY) AND EXPECTED SAFEGUARD (PARENTAL

LEAVE, UNEMPLOYMENT SCHEME, PENSION CONTRIBUTION, ETC.)? 27

3.6 TO WHAT EXTENT DOES THE NATIONAL/LOCAL TAX SYSTEM INCLUDE SPECIFICATIONS FOR THE NEW

INDEPENDENT/AUTONOMOUS WORKERS? 28

ERROR! BOOKMARK NOT DEFINED.

4. COLLECTIVE REPRESENTATION AND SOCIAL DIALOGUE 29

4.1 MAPPING THE TRADITIONAL AND NON-TRADITIONAL FORMS OF COLLECTIVE REPRESENTATION OF NEW AUTONOMOUS

WORKERS 29

4.1.1. PUBLIC/POLITICAL DEBATE ON THE ISSUE 29

4.1.2 MAIN ACTORS/ORGANIZATIONS/ASSOCIATIONS FOR COLLECTIVE REPRESENTATIONERROR! BOOKMARK NOT

DEFINED.

4.1.3 EMPLOYERS’ ASSOCIATIONS: DEGREE AND FORMS OF INCLUSION/REPRESENTATIVENESS OF

INDEPENDENT/AUTONOMOUS WORKERS 30

4.1.4 PROFESSIONAL ASSOCIATIONS OF INDEPENDENT CONTRACTORS AND GUILDS: DENSITY RATE, ROLE, COVERAGE 30

4.1.5 LMIS: MAPPING AND BREAKDOWN BY SERVICE SECTORS/CATEGORIES OF WORKERS (SEE WP1.5) 31

4.1.6 OTHER SPECIFIC PUBLIC/AUTONOMOUS/SPONTANEOUS INITIATIVES AND MOVEMENTS TARGETING NEW

INDEPENDENT/AUTONOMOUS WORKERS OR SPECIFIC SEGMENTS AMONG THESE WORKERS 32

4.1.7 GOOD PRACTICES OF EMPLOYEE REPRESENTATIONS: NEW FORMS OF REPRESENTATION, ON SERVICES OFFERED TO

MEMBERS, ETC. 32

5. CONCLUSIONS 33


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ACRONYMS

INASTI National Insurance Auxiliary Fund for Self-Employed

BCSS Crossroad Bank for Social Security

EWCS European Working Condition Survey

SEWE Self-Employed Without Employees

GIE Economic Interest Group

BCE Crossroad Bank for Enterprises

ONSS National Office of Social Security

ONVA National Office for Annual Holidays

FAMIFED Family Allowances Fund

SIRS Information Service and Social Research

FMP Insurance Scheme for Occupational Disease

FAT Insurance Scheme for Occupational Accident

SFP Retirement Pension or Survival’s Pension

VVJ Dutch Association of Journalists in Belgium

AGJPB General Association of Professional Journalists in Belgium

CREGW Resource Center of the Walloon Groups of Employers


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1. National framework

This report aims at analyzing “new autonomous workers” in Belgium. This concept covers a large

diversity of professional situations, rooted in a grey zone between the self-employment and the

classical employment status, making it difficult to define, but thus also to quantify and to regulate. In

order to grasp this phenomenon, the report focuses on “I-Pros”, a new categorization of independent

workers. Taking over Rapelli’s definition (2012), the number of I-Pros significantly increased in Belgium

these last years (+26,3% between 2008 and 2015). This trend undoubtedly denotes a significant

evolution of work arrangements in Belgium.

Although the Belgian social security system is advanced, the current regulatory framework continues

to protect standard jobs and careers rather than taking into account the grey zone aforesaid. Indeed,

the current regulatory framework remains constrained in Belgium: the provision of staff or the “wage

portage” (workers salaried by an umbrella company) are, for example, prohibited. For this reason,

emerging initiatives taken by LMIs (Labour Market Intermediaries) or quasi-unions in order to secure

professional paths on the Belgian labour market are particularly relevant to explore, like for example

business and employment cooperatives, employers’ alliances, and so on.

In this report, we will explore the current situation of “new” self-employed workers in Belgium (by

providing some figures about them and specifically about I-Pros). Considering the newness of the label,

when data about I-Pros are not available, we will refer to the classical self-employed status (with or

without employees). We will also explore the current legal and regulatory framework about new

autonomous workers and investigate their access to the social security system (currently structured

into three main schemes: salaried, self-employed and civil servant). Eventually, we will consider

unions’ attitudes vis-à-vis “new” independent workers.

1.1 Overview of the labour market in Belgium

The Belgian labour market has considerably evolved during the last few years. According to an

evaluation prepared by the Belgian General Division Statistics (for a period of 1983 to 2013)1 the main

trends observed are:

• The growth of female work: women represented 34% of the labour force in 1983, 46% in

2013; 36,3% of the women between 15 to 64 years were working in 1983, 57,2% in 2013;

• The increasing proportion of older workers (50+): in 2013, 47,5% of women and 60,5% of

men aged 50 to 65 were working,

• The rising educational background: in 1986, 53,9% of the labour force have few education,

25,4% have completed upper-secondary education and 20,8% have completed tertiary

education. In 2013, these numbers respectively grew to 18,5%, 40,2% and 41,3%;

1 http://statbel.fgov.be/fr/binaries/analyse-b_fr_tcm326-261813.pdf consulted the 10th November 2016. This

study is based on the Labour Force Survey.


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• Regional disparities in the employment rate of workers between 15 and 64 years old: in

2013, 66,2% of the Flemish, 57% of the Walloon and 52,5% of those living in Brussels;

• The rise of part-time work: in 1983, 8,3% of salaried workers were working part-time,

26,3% in 2013.

1.2 Some figures about self-employed workers

There are different types of self-employed workers: being self-employed as a principal occupation, as

a secondary occupation, as someone who assists self-employed workers (spouse or not), as manager,

as administrator or as active partner. The specific case of I-Pros is thus difficult to quantify. Only the

"classical figures" of part-time (or full time) self-employed workers are registered in Belgian official

statistics2. We however found relevant information through EUROSTAT databases and in some

reports3. We can observe (Graph n°1) the growth of self-employed workers with employees (+4,7%),

as well as those without employees (+16,35%) between 2008 and 2015 (Eurostat, 2015).

Graph 1: Self-employed workers with or without employees in Belgium between 2008 and 2015

2 The main national sources of data available in Belgium are Statbel (Belgian General division Statistics), the

Crossroads Bank for Social Security (BCSS) and the INASTI (the national insurance auxiliary fund for self-

employed). 3 “Patricia Leighton, Duncan Brown (2016): “Future Working: The rise of Europe’s independent professionals (I-

Pros) ”; HIVA (2013): “Quality of work and employment in Belgium”; INASTI (2015) “Rapport annuel”.


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1.2.1 Self-employed workers with employees

The gross number of self-employed workers4 has risen in Belgium between 2014 and 2015, according

to Inasti (2015)5. The number of self-employed workers as a principal occupation has risen (+1,78%

between 2014 and 2015) thanks to an increase in the activity of the men (+1,77%) and women

(+1,81%). The number of self-employed workers as a secondary occupation has risen too (237.513

workers in 2015, for 234.001 workers in 2014).

Below are some data relating to the income of the self-employed workers (as principal occupation)6.

We can see that their income varies according to gender and the Belgian provinces (See Graph 2).

Graph 2: Medium income (31th December 2015) of the self-employed workers

4 Self-employed workers and family workers, affiliated to the social security scheme of self-employed workers. 5 http://www.inasti.be/sites/rsvz.be/files/publication/inasti_rapport_annuel_2015_01.pdf, consulted the 10th

November 2016. The INASTI is the national institute for social Insurance for the self-employed. 6 https://rproxy.rsvz-inasti.fgov.be/WebSta/index_fr.htm, consulted the 30th March 2017.

2008 2009 2010 2011 2012 2013 2014 2015

Self-employed persons with

employees (employers)186,9 197,8 200,7 186,3 185,2 194,8 186,7 195,6

Self-employed persons

without employees387,6 398,8 397,1 406,8 423,2 443,7 433 451

0,0

50,0

100,0

150,0

200,0

250,0

300,0

350,0

400,0

450,0

500,0

Self-employed workers

(with employees +4,7% ; without employees + 16,35%)


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As far as the job quality is concerned, a study called “Quality of work and employment in Belgium”

(European Foundation for the improvement of living and working conditions, 2012) published by KU

Leuven (HIVA, 2013) compared the scores of self-employed workers7 to those of salaried (in terms of

work quality). Their findings are based on the data collected through the European Working Conditions

Survey (EWCS) (See Table 1 and 2).

7 The self-employed status here covers very different realities: Intellectual and manual occupations, isolated

workers or self-employed with employees.

0,00

5.000,00

10.000,00

15.000,00

20.000,00

25.000,00

30.000,00

35.000,00

Males

Females


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Table 1: Sub-dimensions of work quality, depending on the employment relationship (2012, p.26)

Self-employed workers can choose their work schedule, work when they want, and not be accountable

to anyone. However they can lose their job, their savings and, partially8, their real estate-assets (p.28).

They must work hard to develop their projects and diversify their client base. They have less often a

fixed place of work and they work overtime (2012, p.28-29). One interesting and counterintuitive

finding is that they report better overall satisfaction at work and feel less insecure about their job.

Furthermore, health outcomes are also better for self-employed workers.

8 A self-employed worker can protect his/her primary residence against these risks by declaring officially it

unseizable through a notarial act.


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Table 2: Job quality outcome indicators, by employment relationship (2012, p. 50)

1.2.2 Self-employed workers without employees

According to Eurostat (EU-LFS)9, the proportion of self-employed workers10 (15 to 64 years) with, or

without employees remains stable between 2013 and 2015 in Belgium. The ratio is 69% for self-

employed workers without employees and 31% for self-employed with employees. In 2015, 65% of

the self-employed workers without employees were men, 35% women. Concerning the age

distribution, 3% of these workers were between 15 to 24 years, 64% of them between 25 to 49 years

and 33% of them were 50 to 64 years.

In terms of educational level, the EUROSTAT dataset11 does not allow to isolate sectors (primary,

secondary or tertiary sector). We can see that between 2006 and 2016, the holder of primary and

lower secondary education (levels 0-2) have remained stable, while the population with upper

secondary (levels 3-4) and tertiary education (levels 5-8) has increased (see Graph 3).

9 http://ec.europa.eu/eurostat/web/lfs/data/database consulted the 14th November 2016. See “Independent

Workers – EFT series (lfsq-empself). 10 Following Eurostat, “Self-employed persons are the ones who work in their own business, farm or professional

practice. A self-employed person is considered to be working if she/he meets one of the following criteria: works

for the purpose of earning profit, spends time on the operation of a business or is in the process of setting up

his/her business.” (Eurostat, LFS Series, 2015). 11 http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=lfsq_esgaed&lang=fr, consulted the 30th of March.


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In 2016 (Q4), almost 15% of the self-employed workers have a lower education (levels 0-2); 37% of the

self-employed workers are holder of a high school diploma (levels 3-4); 48% have a higher education

diploma.

Graph 3: Self-employed workers without employee (SEWE) by educational level (by thousands)

If the I-Pros are all SEWE (Self-Employed Workers without Employees), the contrary is not true. Within

the group of SEWE, I-Pros must be distinguished as professionals from those working in less skilled

occupations (Leighton, 2016).

1.2.3 Some figures about I-Pros

If the I-Pros are “the fastest growing group in the EU labour market” (Leighton, 2016:1), Belgium is

not an exception. The number of I-Pros significantly increased during the last years (See Graph 4)

0

50

100

150

200

250

2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

Less than primary, primary

and lower secondary

education (levels 0-2)

Upper secondary and post-

secondary non- tertiary

education (levels 3 and 4)

Tertiary education (levels 5-

8)


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Graph 4: Evolution of the number of I-Pros in Belgium between 2008 and 2015

Considering the evolution of the distribution of self-employed workers with employees (employers)

and SEWE (both I-Pros and not), the I-Pros segment has increased (+26,3%) much more than employers

(+4,7%) and SEWE non-I-Pros (+7%). With regards to business sectors, the number of I-Pros has

particularly increased in human health and social action as well as in the specialized, scientific and

technical activities (See Graph 5).

2008 2009 2010 2011 2012 2013 2014 2015

Self-employed persons with

employees (employers)186,9 197,8 200,7 186,3 185,2 194,8 186,7 195,6

SEWE non I-Pro 199,4 200,2 197,7 205,6 202,1 214,2 195 213,3

I-Pro 188,2 198,6 199,4 201,2 221,1 229,5 238 237,7

0,0

50,0

100,0

150,0

200,0

250,0

Self-employed workers without employees in I-Pro and non-I-Pro sectors

in Belgium between 2008 and 2015 (Non I-Pro +7% ; I-Pro +26,3%)


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Graph 5: Number of I-Pros in Belgium following the sectors (2008-2015)

The gender dimension is interesting to scrutinize: 60% of the Belgian I-Pros were male in 2012

(Leighton, 2012:20). However, at the EU level, the highest increase is among female I-Pros (+30,8%)

(See Graph 6).

Graph 6: Evolution of the number of I-Pros in the EU (following the gender)

14,8

9,7

5,3

54,5

10,8

4,1

58,4

7,4

23,2

21,9

6,2

7,0

73,4

15,0

5,4

69,3

10,2

29,3

0,0 10,0 20,0 30,0 40,0 50,0 60,0 70,0 80,0

Information and communication

Financial and insurance activities

Real estate activities

Professional, scientific and technical activities

Administrative and support service activities

Education

Human health and social work activities

Arts, entertainment and recreation

Other service activities

I-Pros by economic activity in Belgium in 2008 and 2015

2015 2008

4176,1 4294,54444,8 4620,8

4794,8 4825,85006,9 5153,2

3473,9 3639,33816,6 3941,9

4097 4194,54425,5 4543,4

0

1000

2000

3000

4000

5000

6000

2008 2009 2010 2011 2012 2013 2014 2015

Evolution of the Number of I-Prod in the EU

(Males +23,4% ; Females +30,8%)

Hommes Femmes


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If we look at the sectorial distribution at the EU level12, we can see that women are more represented

in specific sectors (human health and social action, education, other service activities, etc.) (See Graph

7- 8).

Graph 7: Sectorial distribution of I-Pros males (2015)

Graph 8: Sectorial distribution of I-Pros females (2015)

12 Belgian data are actually insufficient to be gathered.

12,44%

6,19%

3,68%

35,18%

10,05%

6,60%

8,31%

10,03%

7,52%

I-Pros by economic activity in EU in 2015 : Men

Information and communication Financial and insurance activities

Real estate activities Professional, scientific and technical activities

Administrative and support service activities Education

Human health and social work activities Arts, entertainment and recreation


3,72% 3,13%2,81%

24,69%

7,50%

9,39%

22,44%

7,49%

18,83%

I-Pros by economic activity in EU in 2015 : Women

Information and communication Financial and insurance activities

Real estate activities Professional, scientific and technical activities

Administrative and support service activities Education

Human health and social work activities Arts, entertainment and recreation



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2. Legal and institutional framework

2.1 Self-employed workers in Belgium

As said earlier, self-employment is a multifaceted phenomenon, making it significantly difficult to

define but also to quantify and to regulate. Furthermore, freelance is not a legal status in Belgium13.

Therefore, self-employed workers must choose between different options:

• Being a part-time self-employed worker (having simultaneously a main salaried activity)

• Being a full-time self-employed worker (as a worker, as an artist or as a job-seekers14)

• Being a self-employed worker and benefit from the small expense compensation system.

It means that the money perceived by the self-employed workers is neither taxable nor

levied for social security contributions. This measure is intended to artists. According to

SMart15 (2012: 9) dancers, musicians, singers, sketchers and illustrators are occupations in

which the use of this system is the most important.

The Federal Minister of Employment recently launched a legislative initiative in order to adapt the

social regulation to new work arrangements. One of the new devices under discussion was the creation

of a new hybrid status, between the employee and self-employed workers. This « autonomous

worker » would have the same access to social protection as regular employees. The specificity of this

status would be a work relation based on outcomes, rather than on the number of hours worked.

Nevertheless, this process was frozen in April 2017. Several reasons may explain the blockage: worker

unions fear such a new status would absorb a significant part of employees’ work and thus lead to a

global deterioration of working conditions; employers associations fear unfair competition between

“pure” self-employed workers who take entrepreneurial risks in order to generate profit and workers

entering this new status while benefiting from unemployment allowances in case of unprofitable

business; administrative officers consider the creation of a new status in terms of social protection

should be financed per se, without depending on other work statuses (either employee or self-

employed),

2.1.1 Some interesting initiatives

13 http://www.utalkbrussels.com/single-post/2016/08/03/Freelance-n’est-pas-un-statut-juridique-, consulted

the 10th November 2016. 14 Through employment cooperatives, which are devices aiming at allowing job-seekers to start their own

business while conserving their unemployment allowances and benefit from a specific accompaniment during a

limited period. 15 http://smartbe.be/media/uploads/2014/06/chiffres_2012_contrats_tous_BET_pdfOK1.pdf, consulted the

10th November 2016.


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The current regulatory framework in Belgium remains mainly organized around standard employment

relationships (SER), and does not really take into account nonstandard work arrangements. Triangular

employment relationships (between clients, employers and workers) are strictly regulated. The

provision of staff is prohibited, except for employees sharing (see below) and temporary work

agencies making an exception for 4 motives (Law of the 24th July 1987). “Wage portage” (i.e. persons

salaried by an umbrella company) is also prohibited. For these reasons, the various ad hoc initiatives

taken by LMIs or quasi-unions in order to secure professional paths on the Belgian labour market are

particularly relevant to explore.

The business cooperative helps autonomous workers to work “as if” they were regular employees.

The organisation hires autonomous workers (under employment contract) and invoices the client

company, while taking a commission (% of the gross margin realised by workers). For example, Dies is

a Belgian business cooperative born in 2006. The two founders imagined a system through which they

could be salaried, while keeping an important operational autonomy (as self-employed workers). The

prospection of clients and the business relationships are handled by autonomous workers while Dies

ensures the administrative management of the employment relationships, the internal accounting, as

well as the invoicing. If cooperative workers generate sufficient incomes in one month to cover their

gross salary during the next two months, they may remain inactive during two months while still

receiving a monthly salary. The cooperative thus allows entrepreneurs to develop projects while being

employed and having a continuity of income.

The employment cooperative is an initiative that allows job seekers to create their own business

activities, while conserving their unemployment allowances. The aim of an employment cooperative

is to occupy and integrate job seekers in order to facilitate their entry on the labour market. This

cooperative allows jobseekers to start a business activity as self-employed without taking any financial

risks. There are twelve authorized employment cooperatives in Belgium, regulated by the law of 1st of

March 2007.

Another securing solution is the Employee sharing created in Belgium by the Act of 12th Augustus 2000

in Belgium. Their main aim is to create a third party structure that hires employees and makes them

available to their members according to their needs. The Act of 2000 was really constraining. In order

to create an employers’ alliance, employers had to group into an Economic interest group (GIE) and

also to hire job seekers through open-ended contracts. In 2014 and in 2017, the legislation related to

employee sharing softened, notably thanks to the CRGEW16 (Law of the 25th April 2014, Law of the 5th

March 2017). Employee sharing can now be constituted either into GIE or as not-for-profit

organizations, and the number of shared workers in such organization must be limited to 50. Workers

(job seekers or not) may be hired on part-time jobs (min. 19 hours/week) and under fixed-term

contract. Today, eleven employee-sharing organizations exist in Belgium, according to the CRGEW.

New forms of cooperatives are structures used by autonomous workers to access a better social

protection through employment contracts. In Belgium this sector is dominated by SMart (around

16 Walloon resource centre for employers’ alliances.


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90.000 members in 2017). SMart provides artists and other autonomous workers in different working

situations (from temporary worker to freelance producer) to access the salaried status. It also

develops a series of ad hoc solutions for casual jobs in the service sector through its integrated IT

platform: customized insurance packages, covering the risks of accident, expense accounts

transformed into remuneration statements in order to benefit from unemployment allowances, etc.

SMart will be one of the case studies of this report.

Autonomous workers can thus find in such initiatives different solutions in order to improve their social

protection and diminish some disadvantages of the self-employed status (administrative duties,

accountancy, etc.).

2.1.2 The start of the self-employed activity

When they start their activities, self-employed workers can choose between two possibilities:

• Starting a sole proprietorship (as an individual)

• Building a society (as a legal person)

In the case of the sole proprietorship, the self-employed worker commits his/her own heritage: there

is no distinction between his/her private heritage and the company assets. In the legal person’s case,

the assets of the company are independent. In both cases, self-employed workers have to register in

the Crossroads Bank for Enterprises (BCE)17 and have to request for a VAT number.

Future self-employed workers have to fulfil specific conditions to become self-employed: being an

adult (legally responsible) and enjoy civil and political rights. These are the obligations linked to the

person. But other obligations, linked to the nationality or the activity, make the proof of

entrepreneurial capacities for commercial or artisanal work. Enterprises counters are the single points

of contact for starters and existing enterprises to arrange such administrative formalities. There is no

specific regulation for self-employed workers without employees, but once they want to hire

employees, they have to fill in specific obligations. For example: subscribe to an insurance against

accidents at work, join a family allowances fund, etc.

2.2 Legal and regulatory frameworks regulating new autonomous workers

A Royal Decree organizes the social status of self-employed workers (Royal Decree of the 27th July

196718, Art.3, 1st§): « Le présent Arrêté Royal entend par travailleur indépendant toute personne

physique, qui exerce en Belgique une activité professionnelle en raison de laquelle elle n’est pas

engagée dans les liens d’un contrat de louage de travail ou d’un statut ». It means that someone who

is neither bounded by contractual links in his/her professional activity nor by an employee status is

considered as self-employed.

17 « The BCE is a unique database, which contains identifying data of enterprises and their unit of establishment.”

SPF Economie (février 2016) : “Comment s’installer à son compte”? p.19 18 Moniteur Belge (Belgian Official Gazette) 29th July 1967, n° 1967072702, p. 8071.


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The legal characterization of working relationships has been ruled by jurisprudence (“the indices

method”19) until the Labor Relations Act was promulgated20 in 2007. This relatively recent law has a

double objective: on the one hand to provide more legal stability in the appreciation of labor relations,

and on the other hand to tackle the issues of bogus self-employment. This law grafted itself onto the

principle of the autonomy of the parties involved stating that “the parties should freely choose the

way they want to collaborate". If there are incompatible elements that put into question the nature of

the working relationships, the nature of the relation can be redefined, as well as the corresponding

social security scheme (article 332 of the Labor relation Act)21. The qualification of the working relation

by the parties involved will always take precedence, if it is not incompatible with the real situation.

The Labor Relations Act comprises several criteria to appreciate the nature of the working relation.

Four general criteria are applicable to all types of working relationships. They make it possible to

qualify the nature of the working relation (salaried workers or self-employed workers):

- The autonomy of the parties involved;

- The personal freedom to organize working time;

- The freedom in the organization of work;

- The possibility to exercise hierarchical control.

Specific criteria, common to one sector or one profession, must be used as complement to general

criteria. Other neutral criteria can constitute hints to qualify the working relation (for example:

registration in the BCE, possession of a VAT number, etc.)22. Nevertheless, this law has been criticized

by many parties for its unclear text, its poor wording and for the fact that the authority criterion23

seems no longer relevant (with respect to the current economic and social context) to qualify the very

nature of the labor relation (CGG, 2016/01).

A new law (25th of August 2012, M.B 11th of September 2012) partially changed the existing legal

framework and created an administrative commission for the qualification of the working relationships

(Federal Public Service of Social Security). Any party can submit an application to the Commission once

the nature of the working relationship does not seem clear. The role of this Commission is to examine

the case and take a decision about it.

19 Composed of factual, economic and legal elements. 20 Title XIII of the program act of the 27th December 2006. Only the sections n°331, 332, 333 and 340 entered

into force the 1st January 2007, as cited in “Comité Général de Gestion pour le statut social des travailleurs

indépendants, Rapport 2016/01, la Loi sur la nature des relations de travail, p. 5 21 Comité Général de Gestion pour le statut social des travailleurs indépendants, Rapport 2016/01, la Loi sur la

nature des relations de travail, p.13. 22 Idem, 2016/01, p. 8-9. 23 Defined as “to direct, to monitor, to control the worker and to check the way he’s doing his labour” (Idem,

2016/01, p.14).


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There is now a rebuttable presumption in some sectors, determined either by the Labor Relations Act

or in Royal Decrees (i.e. the construction, safety, transport and cleaning sectors) regarding the nature

of the working relation. If half of the preset criteria are met, then it is presumed that the activity is

salaried. If not, it is presumed that the activity is realized as a self-employed24.

2.3 Legal/regulatory differences/distinctions between different types of new autonomous

workers:

2.3.1 Specific regulations for self-employed workers without employees, or are they

assimilated to other employers/entrepreneurs and small firms

There are no specific regulations for self-employed workers without employees.

2.3.2 Type-specific/sector-specific rules on self-employment (e.g. specific for the

cognitive or creative industry)

There are specific rules concerning artists. In 1969, there was an irrebuttable presumption that the

performing artists were salaried (Art. 3 of the Royal Decree of the 28th November 1969). The article

n°170 of the Act of the 24th of December 2002 extended the application of the social security scheme

of salaried workers to people who, without being bound by an employment contract, provide artistic

services and/or produce art in exchange for compensation25. All artists are now concerned by this

presumption that henceforth becomes rebuttable. An artist who wants to be independent should be

able to prove that he’s not carry out his activity as a salaried.

This law has also enacted specific measures for artists:

• The implementation of an “artist commission” (composed of ONSS26 and INASTI).

• The creation of a new category of temporary work (§6, 1st Article of the 24th of July 1987 Law,

M.B 30th Augustus 1987).

• A reduction of employer costs for artists (Royal Decree 23rd of June 2003). It means that a part

of the salary of the artist will not be subjected to social contributions by employers.

• The holiday allowances paid by the ONVA27 (like the blue collar workers) and not by the

employers

• The compulsory membership of the employers28 to the Famifed (family allowances fund)29.

If the artist wants to be self-employed, the “artist commission” will check the current economic reality

of his choice. This commission is hosted by the Federal Public Service of Social Security since the 1st of

24 Article No 10, Law of the 25th of August 2012, M.B 11th of September 2012, n°201202115, p. 56957. 25 SMartbe (non daté), Le « statut » social de l’artiste, p. 3 26 National Office of the Social Security 27 National Office for annual holidays. 28 The person or the society who pays the artist is considered as his employer. 29 SMartbe (non daté), Le « statut » social de l’artiste, p.5


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July 2015. Its main responsibilities are: informing artists about their rights and obligations, deliver the

declaration of independence, deliver the artists’ visa (that attests the artistic character of the work

performed) and deliver the artists’ card that permits the access to the small expense compensation

system. The artists’ visa is for workers who, without being bound by an employment contract, provide

artistic services and/or produce work of art in exchange for compensation. The acquisition of this visa

is crucial in order to be affiliated to the social security scheme for salaried workers (see the article 1bis

of the law of 27 June 1969, amended by the Program Act of 26 December 2013). This visa aims at giving

a better social protection to creative artists, performers, budding artists and artists that work for paid

fees 30.

The status of self-employed worker31 seems prima facie not attractive for artists, because the social

protection is weaker. But this choice may have an interest for well-paid artists, who can recover the

VAT or establish a corporation32. It can also be attractive for part-time self-employed workers, who

benefit from the social protection of their main status (salaried). If their incomes are only based on

copyrights, they do not have to pay any additional social security contributions. Otherwise, they have

to pay taxes and social contributions.

Once an artist is salaried, every allowance that he/her perceives is considered as salary. But this can

be a problem for amateur artists. That’s why the small expense compensation system (see the article

17 sexies of the Royal Decree of 28 November 1969) was created, as an exception regarding the basic

principle exposed before. The conditions to benefit from this system are33:

• Make artistic performances;

• Receive compensation of maximum 123,32 euros per day (2466,34 euros per year);

• Work for a maximum of 30 days per year and 7 consecutive days for the same person.

If those conditions are fulfilled, the artist will not have to pay social contributions, or taxes. He will not

have to report earnings in his income tax declaration.

2.3.3 Are there rules to identify the economically dependent workers or to contrast the

“bogus” self-employed workers?

In Belgium, subordination is the major criterion to consider a work relationship as salaried. Hints of

economic dependency are not enough sufficient to conclude to the existence of a salaried contract.

The law of 2007 is an instrument to struggle against the phenomenon of bogus self-employed, because

this law has established objective criteria to judge the nature of the working relationships.

Furthermore, the INASTI can take targeted actions (control) regarding “dependent self-employed

workers” in four cases: 1. When a salaried worker becomes a self-employed worker but he/she still

works on behalf of the same employer, 2. As a member of the SIRS (information service and social

30 Opinion no 1810 of the National Labour Council, 17th July 2012, http://socialsecurity.belgium.be/fr/le-statut-

dartiste, consulted 10th November 2016. 31 Royal Decree of the 26th June 2003 32 SACD, Novembre 2012, Quel statut social pour les artistes en Belgique ? p. 12. 33 http://socialsecurity.belgium.be/fr/le-statut-dartiste, consulted 10th November 2016.


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research)34, 3. On the basis of a complaint or doubtful files, 4. Upon request of one organism called

“Commission de dispense des cotisations”35. In Belgium, fighting against the phenomenon of bogus

self-employed is a political priority since the early 2000s. Nevertheless, the number of controls remains

very low: according to INASTI, only 165 cases (in a population of one million of self-employed workers)

have been initiated for the year 201436.

2.3.4 Specific social security regimes for certain types of workers (artists, authors…)

Artists have particularly atypical working conditions: multiple employers, irregular and insecure

income, etc. Being an artist does not really constitute a social status37 in Belgium. They have

consequently to choose between three social security schemes: the social security scheme for salaried

workers; the social security scheme for self-employed workers and the social security scheme for civil

servants. An artist can thus be salaried, self-employed or officials (rarer).

The specific regime for journalists38

The law regulates the professional designation of professional journalist39. The worker – self-employed

or salaried – has to respect two main conditions: (1) to work for a general media, as a principal activity

and be remunerated for it, and (2) to experience that situation for at least two years, without exercising

any commercial or advertising activity. A Commission composed by members of the Belgian

Federations of Journalists grants the title. Moreover, a status of “trainee journalist” exists for journalist

with less than two years of experience.

The following graph (n°9) illustrates the distribution of self-employed and salaried status for

professional journalist (dark grey) and trainees (clear grey) in the south part of Belgium (Wallonia). For

instance, it shows that in 2015, 55% of the trainees were self-employed; where “only” 23% of the

professional journalists hold the self-employed status.

34 Whose role is to fight against social fraud and illegal work. 35 Comité Général de Gestion pour le statut social des travailleurs indépendants, Rapport 2016/01, la Loi sur la

nature des relations de travail, P.35-36. 36 Comité Général de Gestion pour le statut social des travailleurs indépendants, Rapport 2016/01, la Loi sur la

nature des relations de travail, p.37 37 Social status of artists (Royal Decree of 27th September 2015, M.B 7th October 2015; Law of the 20th July 2015,

M.B 21st Augustus 2015) 38 Le guide du pigiste, Etre journaliste indépendant en Belgique, Edition AJP, troisième édition, fébruary 2014. 39 Law of December 30th, 1963


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Graph 9: Distribution of self-employed and salaried status for professional journalist

A journalist with a complementary self-employed status may benefit from a specific tax regime since,

unlike usual complementary self-employed workers who have to register to two social security systems

(both for salaried and self employed workers), he/she has not to register to the system for self-

employed workers.40

2.3.5 Which activities/sectors/professions are regulated by professional registers? Does

the register define only the access to the activity? Does it provide specific contractual

provisions?

There are many regulated professions in Belgium. Regulated professions mean that, if people want to

practice them, they have to prove their professional knowledge41. The EU has identified 130 regulated

professions in Belgium (140 according to Leighton, 2016:105).

In Belgium, there is neither a full list nor a precise definition of what “liberal” professions are. However,

in the Code of Economic Right (Book IX)42 the following professions are labelled as “liberals”: lawyers,

doctors, pharmacists, veterinaries, architects, notaries, company auditors, judicial officers, surveyors

and certified public accountants. Following the Belgian FPS Economy, some of the liberal professions

are subjected to specific regulation (for example: estate agents, licensed property surveyors,

40 Royal Decree n°38, 27th of July 1967. 41 Conseil Supérieur indépendant/PME, Rapport annuel 2015, p.17. This is a public body at federal level for

policy development destined to professions and SMEs 42 Whose main aim is to regulate the relations between liberal professions and consumers.


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accountants and tax consultants, certified accountants and financial advisers, company auditors,

psychologists, architects and automotive tip experts)43. According to Leighton (2016:106) the liberal

professions in Belgium are regulated along the traditional lines. Some Orders (like the Order of

Architects) provide the “accreditation process, which includes prescription of training, qualification,

and rules on advertising, cooperating or working collectively with other professions.” Some of the

professions (in the health care sector, for example) are furthermore subject to state control (number

of people entering the profession, fees likely to be charged, etc.).

2.3.6 Specific economic/employment/contractual standards for professional self-

employment set by law/regulation

There are no specific laws protecting self-employed workers against late payment or unfair terms, for

example. This is why the status of self-employed seems precarious. The only way to limit the risks of

late payment or unfair terms is either to subscribe private insurances or to organize their work into

cooperatives or structures that offer financial and administrative management tools. For example:

Associated Productions (SMart) in Belgium. If they work into a cooperative, self-employed workers will

receive income even if the client does not pay. As far as “Associated Productions” (PA) is concerned,

the self-employed worker is empowered to sign order forms on behalf of PA. Consequently, PA is

legally liable of the successful implementation of the projected benefits. In case of contestation from

the ordering customer, lack of payment or mistakes in the VAT number, the self-employed worker is

not legally responsible44.

2.3.7 Legislative framework to regulate the relationship between the public

administration and the self-employed, to control the subcontracting processes, to

define price parameters for the new autonomous work

When a public administration wants to hire self-employed workers, the applicable legislative

framework is the public procurement law.

43 https://www.belgium.be/fr/economie/entreprise/professions_reglementees/professions_liberales,

consulted 30th March 2017. 44 SMart, date inconnue, Travailler sous PA (ASBL) ou travailler comme indépendant : quelles différences ? p.3


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3. Public policy to support new autonomous workers

3.1 Social security system: brief presentation of the national framework.

The social security system in Belgium is divided into two systems: the social security and the social

assistance45. In this document, a particular attention will be paid to the first system. The social security

system has three schemes (that vary according to the professional status of the persons concerned):

• One scheme for salaried workers;

• One scheme for self-employed workers;

• One scheme for civil servants46.

The social security system allows people to get replacement income (in case of loss of wages) or

additional income (in case of social charges). There is no other basis for financing the social security

system in Belgium than solidarity (between employers and employees, active employees and retired

workers, healthy and sick persons, salaried persons and people without resources, family and childfree

persons, etc.)47. It means that everybody contributes to the sustainability of the system by paying social

contributions.

In the employees’ scheme, both parties – employers and employees – must pay social contributions

to the “ONSS”48. The social contributions are directly charged on the salary and proportioned to the

income (30% for employer contribution and 13,07% for personal contribution)49. The federal authority

has also to pay contributions to the ONSS through an alternative financing (percentage of the Value

Added Tax and tax revenues). The national office funds the seven branches of social security according

to their specific needs, through a series of public agencies.

The seven branches of the social security system are:

- Retirement pension or survivor’s pension (SFP)

- Unemployment (ONem)

- Insurance schemes for occupational accidents (FAT)

- Insurance schemes for occupational diseases (FMP)

- Family allowances (FAMIFED)

- Care insurance (INAMI)

- Annual vacation (ONVA)

45 Also called “residual scheme”. This includes integration revenues, guaranteed income for the elderly, family

allowance, and disabled adults’ allowance. 46 This scheme will not be considered here. 47 SPF, mars 2015 : « La sécurité sociale, tout ce que vous avez toujours voulu savoir », p. 8. 48 National Office of Social Security. 49 Smart.be, (2016), Les différents statuts sociaux, p.2.


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3.2 Main arrangements concerning new autonomous workers in the social security system

There are no specific arrangements concerning new autonomous workers or artists in the Belgian

social security system, excepted “the woodcutter rule50”. The artistic practice is characterised by

discontinuity and intermittence. The artists are consequently more subject to be unemployed for part

of their careers. However, the unemployment system provides a gradual decrease of unemployment

allowances. “The woodcutter rule” allow the artists to maintain the same level of unemployment

allowances over time (which is very useful because some artists have successive short-duration

contracts).

Workers under umbrella organizations and I-Pros are therefore submitted to one of the three schemes

in the social security: salaried workers, self-employed workers or civil servants.

3.3 What sort of protection do the autonomous workers enjoy?

The self-employed workers are insured for five branches of the social security:

• Health care,

• Work incapacity or disability,

• Maternity insurance,

• Family allowances,

• Pensions and bankruptcy.

Compared to the regular employee’s scheme, and consequently the workers under umbrella

organizations, social rights of self-employed workers are lower but may be viewed as rather well-

advanced regarding other EU countries51:

Table 3: Comparison of social rights between employee and self-employed workers

Branches In the employees’ scheme In the scheme of the self-

employed workers

Health care

Health insurance against big risks

and small risks (family doctor

visits, purchase of drugs,

childbirth, etc.)

Identical

Work incapacity or

disability

For the sickness benefits and/or

disability: the first thirty days,

employers pay salaries; from the

31st day to the 12th month: 60%

of the gross salary for singles

and heads of household

Not identical

No compensation offered

during the first month of

incapacity.

From the 2nd month to the 12th

month (daily allowance

50 In french : “La règle du bûcheron” 51 Submission to self-employed social security scheme (Program Act of 10 August 2015, M.B 18 August 2015;

Royal Decree of 12 October 2015, M.B 4 November 2015)


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between 55,07 and 33,80 euros,

varying according to the

individual status: single,

cohabitant or head of

household)

Maternity insurance

Adoption leave

Family allowances

Birth grant

15 weeks of maternity leave (six

weeks before and nine weeks

after)

4 weeks (for a child aged

between 3 to 8 years old); 6

weeks (less than 3 years old) and

the double if it is a child with

disability

Monthly allowances:

1st child: 90,28 euros

2nd child: 167,05 euros

3rd child: 249,41 euros

1223,11 euros for the first child

and 920,25 euros for the second

3 weeks compulsory + 5 weeks

optional (+ 105 free services

voucher52

Identical

Identical53

(Since the 1st July 2014)

Identical

Insurance schemes for

occupational accidents and

occupational diseases

The first thirty days, employers

pay salaries

No specific coverage

(a supplementary insurance is

needed) but self-employed

workers may ask to replaced by

another entrepreneur (paid by

their health insurance)54

Career interruption

The salaried workers in the

private and/or public sector can

take a career break full-time (12

months) / half time (24 months

or 3 months) / a fifth time (60

months or 6 months) while

The self-employed workers who

stop their activities for 12

months to take care of their

family members have the right

to get an allowance. They can

also interrupt their career while

conserving their activities as

part-time self-employed

52 In 2017, the Belgian Government has decided to give the self-employed workers a longer period of rest (from

8 weeks to 12 weeks). The 3 compulsory weeks do not change; the optional will grow, from 5 to 9 weeks. These

optional weeks should be taken within 36 weeks after the compulsory weeks (instead of 21).

http://www.inasti.be/fr/news/des-améliorations-au-repos-de-maternité-à-partir-de-2017, consulted the 27th of

October 2016. 53 The “family carer” allowance (Royal Decree of 27 September 2015, M.B 5 October 2015) Adoption allowance

(Royal Decree of 10 August 2015, M.B 4 September 2015) 54 Work incapacity (Royal Decree of the 11 June 2015, M.B 23 June 2015; Royal Decree of 10 August 2015, M.B 4

September 2015)


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having ONEm allowances

(without or with explanation).

workers (and benefit from

ONEm’ allowances) if they were

self-employed 12 months

before submitting the formal

application

Retirement

The retirement income is

calculated according to the

number of years worked and the

remuneration paid during these

years

The retirement income is

calculated according to the

number of years worked as a

self-employed worker, the

remuneration paid during these

years, and the family situation55.

The self-employed workers’

retirement incomes are lower

than those of employees (for an

equivalent career). They can

however subscribe a retirement

savings plan insurance

Unemployment

and

Bankruptcy

Unemployment benefits during

the period of inactivity

No alternative income.

In case of bankruptcy,

allowances equivalent to

monthly basic allowances of

self-employed workers’

retirement to a maximum of

12th months (1168,73 euros

with family and 1460,45 euros

without)56

Maintenance of rights for 4

month (family allowances +

health insurance)

This is the “gateway rights”

Source: SMart (2016) and socialsecurity.be (consulted the 25th of October, 2016)

3.4 What are the possible protections in case of illness, pregnancy, unemployment and

retirement?

• In case of illness, self-employed workers are covered against big and small risks, as the

employees. Some of them are entitled to a higher reimbursement rate because of their status:

widowed, disabled persons, orphans, etc.

55 Pension (Royal Decree of the 18 January 2015, M.B 23 January 2015; Royal Decree of 5 February 2015, M.B 20

February 2015; Royal Decree of 20 July 2015, M.B 30 July 2015; Law of 10 Augustus 2015, M.B 21 August & 31

August 2015; Law of 21 May 2015, M.B 22 May 2015; Royal Decree of 28 May 2015, M.B 2 June 2015; Royal

Decree of 29 October 2015, M.B 10 November 2015). Supplementary pension of self-employed (Law of 20 July

2015, M.B 21 August 2015; Royal Decree of 10 Augustus 2015, M.B 31 August 2015; Royal Decree of 9 November

2015, M.B 24 November 2015) 56 http://www.inasti.be/fr/faq/jai-fait-faillite-et-maintenant, consulted the 27th of October.


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• In case of pregnancy, they have the same family allowances and birth grants as usual

employees, but concerning the maternity insurance, self-employed workers have fewer weeks

off.

• In the case of unemployment, self-employed workers do not have insurance. Only the days

worked as salaried workers are counted. To benefit from unemployment allowances, the

worker must have worked for a certain period of time. There is a specific rule for artists, called

“The cachet rule” (see the article 10 of the ministerial ruling of the 26th of November 1991).

The ONEm has softened the calculation method to achieve the given number of days (division

of the gross remuneration by a reference amount (1/26 of the reference salary)57.

• In case of retirement, self-employed workers‘ incomes are lower than those of employees (for

an equivalent career).

Self-employed workers have a weaker social protection than workers employed under umbrella

organizations. They have no paid leave, no unemployment benefits, and no allowances during the first

month of occupational accident or disease, fewer weeks in case of maternity leave, and lower pension

allowances. However, the Belgian social protection of self-employed workers is considered as well

advanced compared to other EU countries.

3.5 What are their paid contributions (mandatory and voluntary) and expected protection

(parental leave, unemployment scheme, contribution to retirement, etc.)?

Concerning the usual self-employed workers ‘scheme:

A new calculation method of the quarterly contributions is born as a result of the reform of the 1st of

January 2015. Before that, the amount of the social contributions was calculated on the basis of the

income of the third year before the year they have to be paid. As long as the final income per year is

not known, the self-employed worker has to pay provisional contributions, based on income got three

years ago. During the very first three years, the scales are58:

• 1st year: 709,03 euros

• 2nd year and 3rd year: 726,32 euros

Table 4: Final social security contributions (depending on net taxable professional income)

Final net incomes Final social contributions

For incomes from 13.296 to 57.415,67 euros 21%

For incomes from 57.415,68 to 84.612,53 euros 14,16%

Beyond 13.296,25 euros 726,32 euros

57 SACD, November 2012, Quel statut social pour les artistes en Belgique ? p. 17 &

http://www.onem.be/fr/documentation/feuille-info/t53, consulted the 10th November 2016. 58 Smart.be, (2016), Les différents statuts sociaux, p.2.


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Source: UCM, information memo: “Self-employed workers: what you need to know”

Such amounts are destined to self-employed workers who use this status as their principal activity. To

be self-employed as a secondary profession, workers should be (part-time) salaried workers as

principal occupation and must also pay (weaker) social contributions to INASTI. The rates are identical

for the part-time self-employed workers, but under 1471,01 euros, they must not pay any social

security contribution. The minimum quarterly assessments are 726,32 euros (maximum 4138,16

euros) for self-employed workers using this status as a principal occupation59.

The mother (self-employed worker) does not have to pay the quarterly contributions after the quarter

that follows the quarter of the childbirth.

In addition to that, all can pay voluntary contributions, in order to be better insured.

- Supplementary capital for retirement

- Private insurance for occupational accidents (physical accident and guaranteed income)

- Etc.

3.6 To what extent does the national/local tax system include specifications for the new

independent/autonomous workers?

When the self-employed worker is an individual society, he/she will be submitted to personal taxation

(like any usual salaried worker). The tax that he will have to pay is calculated on the basis of his/her

own revenues, after deduction of his/her professional costs. The calculation of personal taxation is

based on progressive rates. For a company, corporation taxes are applied and only the profits are

taxed. Furthermore, companies are not eligible to tax decrease.

Table 5: Corporate Tax Rates

Taxable income Rates

From 1 to 25.000 euros 24,25%

From 25.000 to 90.000 euros 31%

From 90.000 to 322.500 euros 34,50%

Source : http://www.belgium.be/fr/impots/impot_sur_les_revenus/societes/declaration/imposition, consulted

the 31st of October 2016.

Self-employed workers and liberal professionals must pay quarterly advance taxes, unlike employees.

If they do not make these payments, they can experience a tax increase (on profits, executive

compensation, remuneration of assisting spouses). The amount of the increase is 1,125% for 2017. If

the self-employed workers have carried out enough advance taxes, they can enjoy a tax decrease (in

the case where they have started their activities in 2014,2015 or 2016). To be eligible, they must have

paid 106% of the due tax60.

59 UCM, information memo “Self-employed workers: what you need to know” p.4 60 http://finances.belgium.be/fr/independants_professions_liberales/versements_anticipes, consulted the 31st

of October.


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Since March 1st 2017, the Belgian legislator has introduced a specific taxation regime for the gig

economy. The incomes generated by individuals are now subject to a unique taxation of 10%, directly

collected by the collaborative platform. This favourable rate – taxes for this kind of activity are usually

amounting 33% – is limited to additional revenues below 5.000€. Above, individuals are considered as

professionals and are subject to the classical self-employed tax regime.

4. Collective representation and social dialogue

4.1 Mapping the traditional and non-traditional forms of collective representation of new

autonomous workers

4.1.1. Public/political debate on the issue

The type of problems the self-employed —and more broadly autonomous— workers must face in

Belgium is typically the administrative complications, fuelled by the organizational complexity of the

Federal State, and the subsequent segmentation of competences (between the federal, regional and

community levels). Furthermore, the Belgian security system continues to protect standard jobs and

careers, rather than taking into account the rise of nonstandard work arrangements. Concretely

speaking, the types of problem autonomous workers have to cope with are: the low pension, the tax

burden, and the social security contributions they have to pay. In Belgium, it seems that the tax system

undermines incentives to work as a self-employed61.

4.1.2 Main actors/organizations/associations for collective representation

In Belgium, there are 3 main unions, which are, by increasing size, the Liberal (CGSLB), the Socialist

(FGTB) and the Christian unions (CSC). The very high membership rate —partly explained by the fact

that unions manage unemployment allowances— gives them a considerable power within the Belgian

model of collective bargaining. According to Faniel and Vandaele (2012), Belgium is the only Western

country with a high and still growing level of unionization, reaching 74,47% in 2009. Today, self-

employed workers cannot be affiliated to a trade union and are supposed to be represented on the

employer side in the (inter) sectorial social dialogue.

Formerly, unions paid little attention to these workers mainly because their status was considered as

the result of an individual choice: they are not supposed to look for a collective representativeness

and/or are often presented as employers.

Nevertheless, trade unions in general, and their research centers in particular, closely follow the

current evolutions of the labor market. They observe a decreased number of “classical” independent

workers (liberal professions, small local independent traders, company owners, etc.) and a consequent

61 Bilan de l’Observatoire Européen de l’Emploi, le travail indépendant en Europe (2010), p.13.


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increase of “new” independent workers (or I-Pros). According to them, a large part of the latter are

bogus self-employed workers, forced by their “employer” to adopt this status, in order to get a flexible

workforce at a reduced social cost.

Several anonymous sources among union members are concerned with a risk of cannibalization,

threatening the current membership. Therefore, they currently consider the opportunity to affiliate

these new types of workers. In a confidential union note, we can read “the goal is to affiliate all workers

carrying their activity in a collective labor relationship, in a economically dependent work situation,

whatever their status”. Their plan is not only to offer them an access to their classical union services

(collective and individual representation, legal advices, collective bargaining, etc.) but also to offer

them new services likely to answer their specific needs. This strategy would allow unions increase their

membership, gain more weight in the social dialogue and counterbalance the employers’ strategy “to

divide the workers on the basis of their status”.

4.1.3 Employers’ associations: degree and forms of inclusion/representativeness of

independent/autonomous workers

Belgian employers are represented by sectorial federations, grouped together within the Federation

of Belgian Enterprises. The following federations represent independent workers:

• The Neutral Union of Independent, targeting small local independent traders;

• The Union for Independent and SMEs, mainly destined to liberal professions, small local

independent traders, craftsmen and SMEs;

• The Union of Middle Classes in the French speaking community, mainly oriented towards

independent workers, small local independent traders, craftsmen and SMEs;

• The Walloon Business Federation for the French speaking community;

• The Organization for Self-Employed and SMEs (Unizo) in the Dutch speaking community,

focusing on independent workers and SMEs.

According to the “new autonomous workers” interviewed during this study, such organisations seem

unattractive because they represent the “classical” independent workers from whom they feel very

distant, by the intellectual nature of their work, because they do not want to hire workers, or because

they consider themselves as being “on the worker side”.

4.1.4 Professional associations of independent contractors and guilds

It is very difficult to get figures about professional associations of independent workers. According to

a recent report62, the affiliates would be approximately 100.000 persons, within the employer

federations cited above (for about 3,5 millions members of workers unions). For example, in Belgium,

62 CPCP (unspecified date): “Les organisations syndicales en Belgique”, p.3


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in December 2015, 5.535 journalists were represented by the AGJPB63 (as “professionals journalists”)

at the national level. The French-speaking journalists (2882 journalists) are represented by the AJP and

the Dutch-speaking journalists (2653 journalists) are represented by the VVJ64.

4.1.5 LMIs: mapping and breakdown by service sectors/categories of workers

Table 6 : LMI's mapping

LMIs Sector Legal status Number of

workers

concerned

Securing patterns

SMartBe Art, creation Cooperative

75000 Various solutions at the disposal

of members (work contract,

reimbursement of expenses,

financial support to activities,

etc.)

Dies IT Cooperative

45 Open-ended contracts provided

that each member generates

enough business to cover at least

1/3 of a full-time equivalent

Pôle Image Video

engineering

Informal network

of various

companies

sharing facilities

300 Temporary training programs and

information exchange at the end

of each project

JobArdent B2B services Employers’

alliance grouping

several

companies

(members)

11 Open-ended contracts for

workers dispatched every day in

different user companies

Talent

Avenue

Public services Network of

various public

departments

10 Possibility to develop fixed-term

projects in other departments

while keeping the same status

and the opportunity to come back

in the initial department

Openskils Engineering Private limited

company

115 Opportunity for employed

engineers to generate extra

incomes via fixed-term projects

Trifinance Management

services

For-profit

company

300 Open-ended contracts for high

qualified workers, assigned to

mid- or long-term projects with a

strong emphasis on skills

development and evaluation

within and between projects

Azimut Any sector Cooperative 510 Support to entrepreneurship for

unemployed people benefiting

63 General Association of Professional Journalists in Belgium 64 Vlaamse Vereniging van Journalisten


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from unemployment allowances

until their business becomes

profitable, then hired as

temporary workers

Randstad

Professional

s

Management

services

Temp’ agency 800 Open-ended or long-term

contracts for high qualified

workers, assigned to mid- or long-

term projects

4.1.6 Other specific public/autonomous/spontaneous initiatives and movements

targeting new independent/autonomous workers or specific segments among these

workers

We can cite here, as examples:

• 105 free services voucher offered, in order to better conciliate private and professional life

of self-employed workers.

• Extension of the maternity leave (from 5 to 9 weeks)

• Same rights between the three schemes of the Belgian social security system for family

allowances (1st of July 2004).

• Postponing social contributions in case of financial difficulties

• Start-up aid for self-employed workers (either for job-seekers or young people)

• Regional funding tools and subsidies in order to stimulate entrepreneurship

• Family plan to take care of a sick child

Specific initiatives targeting self-employed workers slowly develop over time. The legislation has

however changed recently towards more homogeneity between employees and self-employed

schemes.

4.1.7 Good practices of employee representations: new forms of representation, on

services offered to members, etc.

In Belgium, one journalist in four is self-employed (as redactor, freelancer, photographer, or

cameraman)65. For most of them, it is not a real choice. Furthermore, they experience difficult working

conditions: lower incomes than conventional rates, unbridled competition, late payment, etc.

Consequently, several journalists created a quasi union for professional freelancers, called the

Association For Professional Journalists (AJP). The association represents the freelance journalists in

the French-speaking and the German-speaking parts of Belgium and has recently developed its own

digital platform66. This platform includes several tabs: an inventory of the freelance journalists in

Belgium, a discussion forum (to exchange some tips, points of view, resources, etc.), a calculator for

65 http://www.pigistepaspigeon.be, consulted the 16 November 2016. 66 http://www.ajp.be/journalistefreelance-be/, consulted the 16 November 2016.


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freelancers (to negotiate decent hourly wages), sectorial news, a crowd funding space and also a space

for professional marketing (journalists’ productions on the Belgian market and internationally).

5. Conclusions

At the beginning of this report, we have seen the number of self-employed workers without employees

had increased in the last few years (+16,35%), like the I-Pros (+26,3%). These trends undoubtedly

denote the working situations are evolving in Belgium. If recent initiatives have been launched at the

federal level in order to create a “new working status” (between self-employed and employee

workers), the process seems to be currently frozen due to many resistances.

In Belgium, there are very few specific arrangements concerning independent workers and artists in

the current social security system. Despite a rather well developed system of social protection

compared to other EU countries, classical self-employed workers themselves benefit from weaker

social rights than regular employees (no paid leave, no unemployment benefits, no allowances during

the first month of occupational accident or disease, lower retirement allowances, etc.). An enlarged

access to the social security system is therefore a key concern for all autonomous workers, particularly

the new professionals.

Conventional unions pay little interest to new autonomous workers, even though they closely follow

the increase of “new” independent workers (I-Pros). They fear a risk of cannibalization, likely to reduce

their current membership. For I-Pros, these unions remain unattractive because they mainly represent

classical self-employed workers.

That is why various initiatives have emerged in order to help autonomous workers behave “as if” they

were regular employees, secure their social protection and guarantee a continuity of their incomes.

Such initiatives (cooperatives, umbrella companies, employers’ alliances, etc.) attempt to provide

workers with a better protection against the risks and/or the disadvantages of being self-employed

(financial risks, administrative, social and fiscal burden), etc.

To conclude, many legal, financial and social challenges must be faced in Belgium when considering I-

Pros and “new autonomous workers”.


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Part II. Country case studies

Types of organisation to include:

4 Trade Unions:

5 Quasi unions targeting autonomous workers

6 Labour market intermediaries dealing with new autonomous workers

7 Spontaneous/social movements

Transversal questions to analyse the organisations/cases

8 Kind of workers they organize: homogeneous or heterogeneous target?

9 Organizational forms: Most of the times they are voluntary associations. Do they have

employees and paid staff or not? Or are they evolving towards a more structured

organizational form?

10 Age: How old are the associations?

11 Origin: How were they born? In a spontaneous way from the bottom-up? Or pushed by

Trade Unions or Enterprise Organizations?

12 Independence: Are they independent? Or are they affiliate to Unions or to Enterprises

Associations?

13 Organizational structure and governance: Have they a hierarchical organisation? Have

they formally defined roles? Are there formal elections to define the association's governing

bodies?

14 Membership: How is membership acquired? Are there several categories of members?

How are they characterized? Do they require fees from members? How much is the

membership fee?

15 Membership leverage: What is the reason why workers decide to become members?

16 Strategic orientation: between advocacy (pressure to change policies) and services to

achieve collective power on the market (we exclude the associations that provide only

individual services, such as employment counselling or fiscal aid).

17 Services: Which services are offered? Group purchasing, facilitating access to training or

to funding, etc.

18 Geographical scale: local or national?

19 Forms of involvement and mobilization: How do they communicate to their members?

How do they involve them?

20 Political role: Do they participate in political tables? Do they intervene in the collective

bargaining process? Are they audited by the parliament?


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