The right to strike under Dutch law
The right to strike (stakingsrecht) in the Netherlands is not codified in a specific statute. Instead, it is derived from Article 6(4) of the European Social Charter (ESC), which the Netherlands has ratified. Dutch courts - in particular the Supreme Court (Hoge Raad) in the landmark NS/FNV judgment - have established that the right to strike is a fundamental right that may only be restricted when the strike is unlawful in light of the proportionality principle and the interests at stake.
A strike (staking) is a collective, organised work stoppage by employees aimed at bringing pressure on the employer, usually in the context of collective bargaining or a labour dispute. Strikes must be organised by a trade union; wildcat strikes (spontaneous, unorganised work stoppages) enjoy weaker legal protection. Employees participating in a lawful strike are protected against dismissal for that reason alone.
When can a strike be prohibited under Dutch law?
Courts can prohibit a strike or impose conditions on it by way of an interim injunction (kort geding) if the strike is disproportionate to the interests it serves, if there are no prior meaningful negotiations, if it endangers public safety or health, or if minimum service obligations are not maintained. Essential services such as emergency care, air traffic control, and certain utilities are particularly sensitive to judicial intervention.
Employers seeking to halt a strike must move quickly - the kort geding procedure is specifically designed for urgent relief. Courts balance the employees' fundamental right to strike against the employer's and society's interests. Blanket prohibitions are rare; partial restrictions (such as maintaining a minimum service) are more common.
Consequences of participating in a strike under Dutch law
During a lawful strike, employees are not entitled to wages for the hours they do not work. However, the employer cannot dismiss them for participating. If a strike is declared unlawful, participants may face disciplinary action, but dismissal still requires the employer to follow the applicable dismissal procedure. Damages claims against the organising union for an unlawful strike are possible but are subject to strict conditions under case law. The Netherlands ratified Article 6(4) of the European Social Charter (ESC) in 1980; in its landmark ruling of 1986 the Hoge Raad held that this provision is directly applicable and that the right to strike is a fundamental right in principle. In its 2015 Amsta judgment the Hoge Raad modernised the test: all collective actions of workers that can reasonably contribute to the effective exercise of the right to collective bargaining are protected under Article 6 ESC; any limitation must be an urgent public necessity under Article G ESC, and the party seeking to restrict the action bears an enhanced duty to justify it. the Netherlands historically has one of the lowest strike rates in Western Europe, with most strikes being short (one-day) work stoppages; 306,000 working days were lost in 2017, reflecting a renewed uptick in activity after the 2016 economic recovery.