In the public sector, no specific legislation exists but different techniques are used in order to ensure a certain level of service, including: In the private sector, joint committees are required to determine and define, for the undertakings under their respective jurisdiction, the measures, benefits or services to be provided in the event of a collective and voluntary cessation of work or in the event of collective redundancy of personnel, with a view to meeting certain vital needs, carrying out certain urgent work on machinery or equipment, or performing certain tasks required by force majeure or unforeseen necessity (Art. 1 of the Law of 19 August 1948 on performance of certain services of general interest). Is there a requirement to maintain a minimum service level during strike action?

Compliance with the provisions of the Penal code.

Respect for the rights of others (right to work, freedom of enterprise, and property rights) and.To assess whether industrial action is lawful, the following general principles may be invoked: However, the enforceability of this provision is also weak. a statement of principles concluded in the National Labour Council) states that workers’ organisations should undertake to encourage their members to avoid spontaneous strikes. The text of the “gentleman’s agreement” (i.e. However, the enforceability of such provisions is rather weak.

a period of ‘social’ peace) and (ii) ensure conciliation procedures are respected. In the private sector, collective bargaining agreements can include provisions to (i) avoid social conflicts (e.g. Community Charter of the Fundamental Social Rights of Workers (although it has no direct application).Īre there any restrictions on who can strike or in what circumstances strikes maybe called?.Article 11 of the European Convention on Human Rights (debated upon) and.

Article 8, paragraph 1 of the International Covenant of 16 December 1966 on Economic, Social and Cultural Rights.

Article 6.4 of the Revised European Social Charter for Rights of.

International sources of the right to strike in Belgium are: Case law recognises the right to strike.Īccording to the Court in the founding judgment of 1981 from the Court of Cassation (the Supreme Court of Belgium), the legislator implicitly recognised the right to strike in the contractual employment relationship between employers and employees. The right to strike is generally recognised, despite not being legally defined in national law. What is the legal framework for striking?

Union strike action rules