2022 - Destruction KBs of Major Law hits like a bomb

The annulment of the implementing decrees of the Major Law hit like a bomb in the port world. Although the ruling was not entirely unexpected now that the European Court also recently ruled against the law, it was a bit of a shock for employers and unions alike.

The ruling is special because ‘landmark rulings’ of this kind are very rare, especially in sensitive matters like port labour.

For those who like to go through the whole matter again: more interpretation below with the useful links to previously published articles on the Major Act.

It all starts with the Major Act, a very short 15-article law from 1972. The law states very briefly that “only licensed dock workers within port areas may carry out dock work.” Unions and employers have been debating since 1972 what exactly ‘port labour’ means, what the conditions for ‘recognition’ should look like and where exactly that ‘port area’ starts and ends.

Over the years, those principles have been fleshed out differently. Via various implementing decrees, different interpretations were given to those terms each time. Sometimes the discussion tilted to one side under the influence of some powerful port bosses on the one hand, and sometimes a preference was given to broader protection of dockers under pressure from trade unions on the other.

In 2004, for instance, a distinction was introduced between ‘general’ dock workers and ‘logistics’ dock workers. But a solution that both sides could agree on 100% never came about. At times, tempers even ran high and every proposed change came to nothing.

Peeters’ solution

The last executive orders that were annulled by the Council of State a few months ago were by Kris Peeters and were published in a Royal Decree of 10 July 2016.

The 2016 RD, in turn, was already a concession. After all, the previous 2004 implementing decrees were seen by Europe as infringing the freedom of establishment. A formal notice from Europe followed and the implementing decrees were amended by Kris Peeters in 2016. So now it turns out that even that adjustment is insufficient.

Comments

So although the Major Act as a principle did remain intact, it goes without saying that the unions were not set up with the annulment.

Some companies in the port, including Fernand Huts, were overjoyed.

Politicians reacted rather cautiously and expectantly. Antwerp Port Alderman Annick De Ridder called for keeping a cool head and sitting down together at the table soon. Federal work minister Pierre-Yves Dermagne (PS) already launched a new initiative a few weeks after the destruction to replace the destroyed RD to meet the concerns of dockworkers.

So it looks as if this issue will continue to be a big issue in 2023.