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In Belgium the right to strike is not enshrined in the Constitution, nor is there a Belgian act which explicitly recognises this right. It is, however, generally accepted that the right to strike is part of the Belgian rule of law and 'is a basic social right of either an individual or a group'. This is because, through various acts the employer has regulated the consequences of strikes (e.g. in social security) and in so doing indirectly recognised the right to strike. The right to strike is also seen as a consequence of the right to associate freely in trade unions, guaranteed by Article 20 of the Constitution and the Freedom of Association Act of 24 May 1921.
The International Covenant on Economic, Social and Cultural Rights of 19 December 1966, in force in Belgium since 1983, guarantees the right to strike 'provided this is exercised in accordance with the laws of the country in question'. However, Article 6(4) of the European Social Charter, ratified by Belgium, explicitly recognises the right to strike: 'with a view to ensuring the effective exercise of the right to bargain collectively, the Contracting Parties [recognise] the right of workers and employers to collective action in cases of conflicts of interest, including the right to strike, subject to obligations that might arise out of collective agreements previously entered into.' This recognition is therefore limited, in particular where collective dismissals are concerned. Only professional strikes are recognised by the Charter, not political walkouts. A solidarity strike would be recognised, because it lies within collective bargaining in the broad sense of the term. Also the fact that striking and picket‑forming are no longer criminal offences implies an indirect recognition of the right to strike.
Belgian case-law recognises the right to strike 'de facto'. In its judgment of 23 November 1967 the Cour de Cassation (Court of Cassation) ruled that a strike was no reason to sever an employment contract; it could only be 'suspended'. Furthermore, on 21 December 1981 the Cour de Cassation confirmed a judgment of the Brussels Industrial Tribunal of 24 November 1980, whereby it was decided that any employee was entitled to strike. This ruling of the Cour de Cassation still acts as a guide in cases concerning strikes.
Employees therefore have an individual right to strike. The right to strike is not reserved for trade unions or a collective of employees. It follows from the existence of this individual right to strike that participation in a strike not recognised by trade unions is permissible.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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