Legal remedies in the context of collective conflicts
24/03/2025
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Strikes remain a current and often sensitive topic within labor relations. Although the right to strike is a fundamental social right, work stoppages can also have serious consequences for businesses, especially when strikes are accompanied by blockades or other disruptive actions.
The following explains the legal remedies you, as an employer, can use to prevent collective conflicts.
Mediation
If your company is confronted with a strike, the parties to a collective conflict can resort to mediation. Unless a collective labor agreement imposes it, this is never mandatory. The most well-known form of mediation to get out of the impasse of a (long-term) collective conflict is the appointment of a social mediator from the Collective Labor Relations Service of the Federal Public Service Employment, Labor, and Social Dialogue.
Unilateral petition
During a strike, it may happen that striking workers block access to certain stores or distribution centers.
Through summary proceedings, initiated by unilateral petition, you, as an employer, can ask the president of the court of first instance to impose a strike ban. Generally, the strike ban is also requested under penalty of a fine.
This procedure is only possible in case of “absolute necessity”. To substantiate the necessity of this unilateral procedure, you, as an employer, must be able to demonstrate that it is justified, for example by financial damage resulting from the picket line (such as loss of contracts, delivery problems, or hindrance of willing workers) or by a well-founded fear of violence and/or vandalism during the strike.
Third-party opposition
Finally, against the order of the summary proceedings judge, third-party opposition can be filed to undo the measures pronounced. Whether filing third-party opposition is appropriate depends on the situation. It may happen that the strike has already ended by the time the opposition is heard, making the third-party opposition purely moral.
Our experts from PKF BOFIDI Legal are here to help
Is your company confronted with a strike and are you seeking legal support? Our law firm has the necessary expertise to guide you in taking the legal steps that may be necessary in such situations. Feel free to contact our Legal team for tailored advice.
This article was written by Leonie Denooze, specialized in labor and social security law.