Reconciliation in labour matters (KMS): nothing to lose

Although it is often overlooked, a judge has the legal duty to reconcile the parties. Therefore, in January 2023, a Chamber for Amicable Settlement (KMS) was established at the Labour Court of Antwerp. Since 1 September 2024, there is also a KMS in Ghent.

The KMS handles employment contract disputes at the request of either the employee or the employer — both before and during ongoing proceedings.

Most reconciliation procedures lead to an agreement acceptable to both parties. This agreement is recorded in a minutes which has the same value as a judgment: it is enforceable and, in principle, not subject to appeal.

Note: Employment contract disputes must be initiated within one year after dismissal. Thanks to the KMS, the limitation period is suspended:

  • 1 month from the filing of the petition
  • Indefinitely suspended as long as reconciliation talks are ongoing
  • If the opposing party does not appear, the claimant retains the right to start substantive proceedings.