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Title
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Blauwdruk voor een passende regeling van de collectieve arbeidsverhoudingen in de publieke sector
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Author
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Abstract
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| This dissertation takes a detailed look at the collective labor relations system in the public sector, with the aim of making concrete proposals for improvement. The first part of the dissertation consists of a comprehensive inventory of the problems and incongruities of the general regulation of collective labor relations in the Belgian public sector, with due attention to its application in practice. At the end of this part, a summary is given in the form of ten statements, addressing the legal bottlenecks of the current regulation on collective labor relations in the public sector and the adjustments hat are necessary to remedy these difficulties. The second part of the dissertation is devoted to comparative research with the regulation of collective labor relations in the public sector in the Netherlands, before and after normalization. A thorough analysis of the Dutch model makes it possible to determine to what extent the Netherlands can serve as a source of inspiration for Belgium. The “Wet Normalisering Rechtspositie Ambtenaren” has resulted in the vast majority of civil servants being employed with an employment contract from 1 January 2020 onwards, and in the introduction of a system of legally enforceable collective labor agreements within the Dutch public sector. The third and final part of the dissertation focuses on the question of how the Belgian regulation of collective labor relations in the public sector can not only be updated, but also modernized. The legal comparison with the Netherlands runs like a thread through this part. Several scenarios are worked out, one more far-reaching than the other. The most cautious line of thought consists of implementing a number of reforms more or less within the contours of the existing framework. Secondly, it was examined to what extent generalizing the scope of the Belgian law on collective labor agreements (“Cao-wet”) would be an option. The ultimate proposal comes down to designing an idiosyncratic regulation that could mean significant progress for social dialogue in the public sector in Belgium. |
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Language
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Dutch
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Publication
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Antwerpen
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Universiteit Antwerpen, Faculteit Rechten
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2021
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Volume/pages
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xx, 508 p.
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Note
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Janvier, Ria [Supervisor]
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Full text (open access)
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