On 1 September 2014 new rules on the prevention of psychosocial risks at work enter into force. This is the result of two acts and one royal decree, published in the Official Gazette on 28 April 2014*. Workers will be able to rely on the prevention adviser or confidential adviser in all cases of psychosocial damage at work – this is no longer "limited" to cases of violence or moral or sexual harassment at work.
A few important consequences of these new rules are presented below. Among other things, employers will be required to amend the work regulations and will also have to take into account amendments to the protection against dismissal. The other new aspects are not discussed here.
Modification of work regulations
The new regulation obliges the employer to adapt the internal regulations regarding consultation of the prevention adviser and the confidential adviser. These modifications will then have to be incorporated in the work regulations, without having to follow the usual procedure for amending the work regulations. But the employer needs to obtain the prior approval of the committee for prevention and protection at work before adapting the internal regulations. For that reason, employers are allowed a period of six months as from the entry into force of the new rules (i.e. until 1 March 2015) to amend their work regulations.
In connection with the modification of the work regulations, it will be possible to replace the contact details of the prevention adviser for psychosocial aspects with the contact details of the external service for prevention and protection at work. This possibility is introduced as from 1 September 2014 in order to avoid the need to amend the work regulations each time the prevention adviser changes.
Protection against dismissal and prejudicial measures
Workers who file a request for formal psychosocial intervention due to violence or moral or sexual harassment at work, file a complaint, institute legal action or testify will still enjoy protection if they are dismissed or confronted with a prejudicial measure for reasons connected with their action.
An innovation is that the protection will be subject to clear conditions in order to avoid wrongful requests. For example, employees who file a request with the competent prevention adviser for formal psychosocial intervention due to violence or moral or sexual harassment at work will only be protected if the prevention adviser accepts the request. Within 10 calendar days after receipt of the request, the prevention adviser can reject the request when the situation described by the applicant obviously does not constitute psychosocial risks at work.
Employers who intend to proceed to dismissal or a prejudicial measure in a psychosocially problematic situation will have to pay extra attention: The prevention adviser only has to inform the employer of a request for formal psychosocial intervention once he accepts the request. However, the protection of the requesting employee enters into effect retroactively from receipt of the request by the prevention adviser. Thus, there will be a "hidden period" during which the employee is protected while the employer has not yet been informed. Consequently, if the employer dismisses the employee or introduces a prejudicial measure, a "protection indemnity" may be payable. This is a lump sum equal to six months' gross remuneration, with the possibility for the employee to claim compensation of the loss actually suffered.
* Regulation:
- Act of 28 February 2014 supplementing the Act of 4 August 1996 on the well-being of employees at work with regard to the prevention of psychosocial risks at work, particularly including violence or moral or sexual harassment at work
- Act of 28 March 2014 amending the Judicial Code and the Act of 4 August 1996 on the well-being of employees at work with regard to judicial procedures
- Royal Decree of 10 April 2014 regarding the prevention of psychosocial risks at work