SECTION 1. THE ESSENTIAL SUPPLIES AND SERVICES IN PEACETIME ACT OF 19 AUGUST 1948

After the Second World War, the Decree Law of 12 April 1945 prohibited strikes to facilitate the rebuilding of Belgium's war-ravaged economy.

As this law limited a number of civil liberties it soon provoked considerable dissatisfaction amongst workers. It was repealed following union pressure and replaced by the Essential Services Act.

The law sought to find a formula respecting the general interest whilst safeguarding individual liberties and freedom of association.

However, it is important to note that the Essential Services Act is not truly a requisitioning law, but a conflict management model for the social partners. Joint committees play a very important role because they essentially decide which needs and services are vital and how they should be assured. The State only intervenes when the parties are unable to agree.

SECTION 2. SCOPE OF THE ACT

This act only applies to the private sector, provided the parties fall under the jurisdiction of a joint committee.

The public sector and all the enterprises not governed by a joint committee therefore do not fall under its scope. In the past, however, the State used this act a number of times (contra legem) to requisition public servants.

SECTION 3. THE CONCEPT ‘VITAL GOODS AND ESSENTIAL SERVICES’

Parliamentary documents on the Act of 19 August 1948 defines essential services as follows: ‘private activities leading to the production of vital goods, necessary for the population, or activities forming a vital part of production or distribution, or relating to the distribution of these services meeting the population's fundamental needs’.

Rather than defining the concept, the legislator chose instead to enumerate the characteristics of vital goods and essential services.

SECTION 4. LEGISLATIVE MECHANISMS

DEFINITION OF VITAL GOODS AND ESSENTIAL SERVICES

The law provides three ways of determining vital goods and essential services.

Joint committees identify vital goods and essential services

As regards those enterprises falling under their jurisdiction, joint committees have a duty to identify and define the arrangements, supplies and services that must be maintained in the event of collective and voluntary stoppage of work or collective lay-off of employees (lock-out), in order to meet certain vital needs, to carry out urgent work on machinery or material (plant) and to perform certain tasks as a result of force majeure or an unforeseen necessity.