Industrial action and disputes in Belgium

Strike actions are not explicitly recognised in Belgian law. However, the right to strike is recognised through the European Social Charter (Article 6.4 covers the right to strike), which has been ratified by Belgium. A law of 1948 related to the continuity of public services in the event of a strike or lockout also provides some regulation of this area. Legal precedent also plays a role: the Court of Cassation has recognised the right to stop working because of strike. ‘Lockout’ refers to the temporary closure of a company as a strategy in favour of employers’ demands. However, what constitutes a lockout is not strictly defined in Belgian law, and lockouts rarely happen. When a collective agreement has been reached, the signatories agree to respect the terms of the agreement and to respect social peace. Strike action is considered by trade unions when all other means to find a settlement have been exhausted. Notice has to be given before a strike takes place, and the notice period must be respected. The most important types of strikes (even though not mentioned in the law, as stated previously) are spontaneous strikes (grève spontanée/spontane staking), which happen following a sudden event or collective dispute within a company, and planned strikes (grève planifiée/geplande staking), which have been agreed upon beforehand. The general strikes in protest against government policy in 2014 made it a record year for strike action.

Developments in industrial action, 2012–2019

Notes: In Belgium, there is only one source of data for working days lost. An employer can indicate in the monthly social security registration the number of days each employee has not worked because of strike/lockout and so was not paid. The social security administration publishes these statistics quarterly and yearly. However, the data do not include the staff of local and regional administrations and other social security bodies (about 360,000 people). n.a., not available.
Source: National Social Security Office.

Collective dispute resolution mechanisms

Conciliation is organised within the joint committees to prevent any conflict between employers and trade unions. A civil servant from the employment ministry is appointed as a social conciliator and has the duty to improve relationships between both parties.

Individual dispute resolution mechanisms

Individual labour disputes are resolved by a labour court composed of three judges (one legal judge, one judge chosen from among the employers and one judge chosen from among the workers). Before any trial, the judge may propose conciliation or mediation procedures, or both parties may decide voluntarily to use alternative methods to settle the dispute. Conciliation takes place in the labour court, and mediation is carried out by an external person.

Use of dispute resolution mechanisms, 2012–2022

Note: n.a., not available.
Source: FPS Justice, Key figures for judicial activity 2010-2015, Annual statistics of courts and tribunals (2016 data).

Use of alternative dispute resolution mechanisms

For a long time, alternative dispute resolution procedures, although included in law, were not used to resolve individual conflicts about employment issues. In 2005, a new law reorganised alternative ways to resolve conflicts. Mediation and conciliation can now be used for individual labour conflicts as well as for civil or family affairs.

The main types of alternative dispute resolution are as follows.

Conciliation: Here, a third party acts only as a facilitator by maintaining the two-way flow of information between the conflicting parties and encouraging conciliation between their positions. The third party listens to each side – usually in person, but it can be done by phone – and seeks to find an acceptable solution, which can be compensation or, alternatively, measures taken in the workplace. The conciliator does not make a judgment or suggest a solution but works with the applicant and the employer to find an acceptable outcome. In some countries, the law requires that, before the matter can be heard in a labour court or tribunal, the applicant must use the services of a conciliator. If agreement is reached, it is normal for the case to be withdrawn from the tribunal and registered as ‘settled’.

Mediation: This is where an impartial third party, the mediator, helps two or more parties of a dispute to attempt to reach an agreement. Mediation is based on the principle of collaborative problem-solving, focusing on the future and rebuilding relationships, rather than apportioning blame. Sometimes a mediator may suggest a possible solution to the conflict, as they do in collective labour disputes. Another type of mediation is where the mediator guides the parties towards finding their own solution by getting them to explore different and new ways of thinking and acting. The third party then hears the case presented by each person and makes a ruling on the outcome. This approach has its origins in family mediation and arbitration.