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.