Has ProRail stretched the limits of the right to strike?
The strikes by Dutch rail operator ProRail are not predicted to end any time soon, and that will cause considerable inconvenience for travellers. ‘They may have already reached the limits of what’s allowed,’ says Barend Barentsen, Professor of Labour Law, in Dutch daily newspaper ‘de Volkskrant’.
There is an ongoing legal debate about the limits of the right to strike in the Netherlands. However, Professor Barentsen points out ‘that strikes must be detrimental in order to be effective, but the negative impact may not be disproportionate’. It is up to the courts to establish the limits of what is permissible. The court has the authority to assess whether the negative impact of the strikes is proportionate to the strikers’ intended goal.
'The negative impact of the strikes may not be disproportionate'
In the Netherlands, the right to strike is considered a fundamental right. However, that right has limitations – especially when it comes to suspending public services that are of great public importance. Professor Barentsen refers to a previous rail strike in which the Schiphol-Amsterdam rail route was not allowed to be affected. The court ruled that otherwise, the strike would cause disproportionate disruption to the airport.
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Read the full de Volkskrant article here (in Dutch)
Photo: Alp Ancel through Unsplash