Trade unions challenge 'rushed and unjust' unemployment reform before Constitutional Court

On Wednesday, Belgium’s three main trade unions (ACV, ABVV and ACLVB), together with a broad coalition of civil society organisations, appeared before the Constitutional Court to request the suspension of the transition measures linked to the country’s new unemployment reform. They argue that the reform is “rushed and unjust”.

Earlier this year, the government approved a major overhaul of unemployment benefits, introducing a strict two-year limit. From January, the first individuals to be affected will lose their benefits. The unions have lodged a full legal challenge against the reform and its transitional provisions, and are expecting a ruling before the end of the year.

The unions claim that the reform breaches the constitution, particularly the "standstill principle", which prohibits the reduction of certain social rights without substantial justification.

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ABVV president Thierry Bodson argues that the government’s budgetary motives "do not hold up", and that support structures for those set to lose their benefits are not yet in place. He says that local welfare centres (OCMWs) are being asked to take over tasks from regional employment services, without the necessary resources.

If the Court suspends the transition measures, the so-called 'waves' - groups of beneficiaries whose entitlement is due to expire on 1 January and later dates - would be halted. The National Employment Office (RVA), which has already sent tens of thousands of letters to those affected, would need to contact them again, and the government would have to revise the text of the reform.

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On Wednesday, the regional employment service VDAB reported that, under the current timetable, almost 28,000 jobseekers in Flanders are expected to lose their unemployment or integration benefits in the first half of 2026.

The unions say that, at a minimum, their request for suspension is an attempt to buy time. They describe the measures as overly "brutal, rapid and severe", poorly prepared, and impossible for local welfare services to absorb. The challenge is supported by a number of civil society organisations.

^{© BELGA PHOTO NICOLAS MAETERLINCK}