The trade union BBTK has filed a criminal complaint against Belgian supermarket chain Delhaize, claiming it disregarded the law when announcing its intentions to franchise its stores.
Four weeks ago, Delhaize announced its intentions to franchise 128 stores that it currently manages, resulting in 280 jobs at headquarters disappearing. The Belgian trade union BBTK has argued ever since that the actions of Delhaize's management have not aligned with what they have been saying in the press, specifically about being willing to enter into dialogue and be transparent.
One month on, the situation remains largely unchanged, if anything, they have worsened, as BBTK has filed a complaint with the Labour Auditorate of Brussels against Delhaize as a legal entity employer but also against three members of the management.
"No one is above the law, including Delhaize," BBTK said. "Workers are not ordinary merchandise."
Disrespecting law
The union filed the complaint against Delhaize for "not respecting" the 25-year-old Renault law, which spells out the procedure a company must follow if it wants to implement a decision that could lead to collective redundancy.
This gives staff and unions more time, for example, to examine the impact of layoffs and possible alternatives, however, BBTK argued that "the plan was presented as a fait accompli."
Delhaize's spokesperson told De Tijd in mid-March that the company will "spread out" the 280 jobs that would eventually disappear at the headquarters, thus getting rid of the need to launch the Renault procedure.
Delhaize's management maintains that franchising is the only option to re-engage with growth and that the 9,000 shop employees can keep their pay and working conditions without time limitation.
Credit: Belga / Benoit Doppagne
BBTK added in a press release that Delhaize failed to comply with the "consultation and information obligation," saying that "the social consultation was not respected, as no discussion took place" and that the three special Works Councils were fruitless as well.
While Delhaize's management called for Labour Minister Pierre-Yves Dermagne to appoint a social mediator, BBTK insisted that the unions were at every special Works Council "to listen and then negotiate."
Moreover, the union noted that it was the management that "sabotaged" one of the ordinary Works Councils by "treating the unions as terrorists and subjecting them to strict security procedures."
Finally, BBTK pointed to the bailiffs that were sent to striking Delhaize shops, which spokesperson Roel Dekelver said was due to the "enormous damage" caused by the strikers.
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"We no longer accept small groups of strikers blocking stores with many workers willing to work. Don’t forget that we continue to pay the latter, as the law provides, even if the store is down," Deklever told Het Nieuwsblad. "That’s why we said clearly: Striking is your right, but then you won’t come into the stores."
Delhaize had also called on the police Thursday morning to end a trade union action at its distribution centre in Zellik, where the unions had been since Wednesday night at 20:00. It was reportedly done peacefully and no one was hurt.
Meanwhile, due to the ongoing closures of several of its stores, Delhaize has created an "interactive map" which shows which stores are open in a given area. "This information is updated daily. So be sure to take a look before you go shopping," the company noted on its website.
