Right to Strike

The right to strike is not enshrined in Dutch law. Article 6(4) of the European Social Charter grants employees the right to take collective action in the event of disputes over interests. The right to collective action also includes the right to strike. The Supreme Court has ruled that Dutch employees may also invoke Article 6(4) of the ESC directly where there is a dispute between employer(s) and employee(s) concerning the level of pay or other terms and conditions of employment. If a strike is covered by Article 6(4) of the European Social Charter, the strike must, in principle, be tolerated as a lawful exercise of the right to take collective action. In such cases, the employer (and third parties) must accept the disruption caused by the strike. However, the employee’s right to strike is not unlimited. The court may prohibit the strike at the request of the employer (or a third party) if this is necessary in the public interest.