On 14 July 2011, the House Committee on Social Affairs of the Belgian Parliament adopted a proposal (the "Proposal") containing a number of recommendations to strengthen the fight against workplace bullying by making changes to the existing legal framework and in particular to the Law of 4 August 1996 on the wellbeing of employees in the performance of their work (Wet betreffende het welzijn van de werknemers bij de uitvoering van hun werk/Loi relative au bien-être des travailleurs lors de l'exécution de leur travail) (the "Law on Wellbeing at Work")
The Law on Wellbeing at Work obliges each company to appoint at least one person of trust whom employees can turn to for assistance and advice, when confronted with bullying. The Proposal recommends that this individual be required to follow training, without specifying who should bear the costs for such training. The Proposal also recommends that the training of the prevention advisor for psychosocial aspects (Preventieadviseur psychosociale aspecten/Conseiller en prévention aspects psychosociaux) be reviewed in order to better reflect the needs of the prevention advisors in the field.
Moreover, in accordance with the Law on Wellbeing at Work, an employee who believes to be the subject of violence, bullying or sexual harassment at the workplace can initiate an internal procedure, file a complaint with the supervisory officials or initiate court proceedings. The Proposal clarifies the distinction between informal and formal internal procedures and the different steps in each procedure.
An employee who filed a substantiated complaint is protected against dismissal. This means that the employer must not terminate the employment contract or modify unilaterally the working conditions, except for reasons that are unrelated to the complaint. In case of a dismissal in violation of this protection, the employee is entitled to compensation of six months' gross salary. Moreover, the Committee suggests that when an employee leaves the company because of bullying, the employer should provide for accompanying measures such as outplacement services.
The Committee is of the opinion that in some cases it becomes impossible for the employee to continue working for the company. In these cases, the Proposal recommends that the employee who has become the victim of bullying should be entitled to terminate the employment agreement without notice and with a right to receive severance pay.
Further, the Proposal recommends adjusting criminal sanctions to reflect better certain aggravating circumstances, e.g., the fact that the harassment takes place in a hierarchical relationship. The Proposal also recommends to investigate if extending the statute of limitation to ten years (instead of five years) would enhance the protection of victims. The Proposal further recommends that a lump sum of six months' gross salary be awarded in case acts of violence, bullying or sexual harassment are established, as is already the case for the compensation provided for in anti-discrimination laws.
Finally, the Proposal wants to give more information to the public and specific target groups. It also seeks to develop further the role of the inspection services of the regional directions of the inspection monitoring the wellbeing at work (Directies Toezicht op het Welzijn op het Werk / Directions régionales du Contrôle du bien-être au travail) and of the Public Prosecutors.
The Proposal does not have any legal effect. However, the recommendations may be taken up in a draft law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
