European Employment Law Cases

Article

2022/8 Port Labour Act not in conflict with the Belgian Constitution (BE)

Keywords Free Movement, Work and Residence Permit
Authors Heleen Franco en Julien Hick
Author's information

Heleen Franco
Heleen Franco is a senior associate at AKD, Brussels.

Julien Hick
Julien Hick is a partner at AKD, Brussels.
  • Abstract

      In its judgment of 25 November 2021, the Belgian Constitutional Court has upheld the obligation to call on recognised dock workers for the activity consisting of preparing trailers on a dock for shipment with a vehicle specifically intended for that purpose (known as a ‘tugmaster tractor’). The obligation to rely solely on recognised dock workers for the performance of port work is justified, among other things, by the need to improve safety in port areas and to prevent accidents at work. The identical treatment of, on the one hand, the loading and unloading of ships in the strict sense and, on the other hand, the activity of preparing trailers on a dock for shipment with a tugmaster tractor, does not breach the principle of equality and non-discrimination. Therefore, equal treatment of both types of port labour, with regard to the obligation to call on recognised dock workers, is reasonably justified.

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