On 26 October 2023, the Parliament approved the draft act on several labour provisions.
This draft traditionally contains various provisions relevant to labour law and HR.
One of the most important novelties is that the person of trust becomes mandatory. The figure of the person of trust is not new, but has been optional until now. Indeed, the person of trust is seen as a key figure in the prevention of psychosocial risks. Employees can first-line turn to an accessible and approachable person of trust to informally seek a solution.
The aim of the obligation is to increase the presence of persons of trust in companies to ensure that more employees have access to this key figure. This is a measure to implement the Federal Action Plan on Mental Well-being at Work.
Find out what this means for you below.
What?
Old rules: Optional appointment
New rules: Mandatory appointment of at least one person of trust
For Whom?
Old rules: Employers, both in the public and private sector. Relative obligation for employers at the request of the trade union delegation of through direct participation of employees (when there is no trade union delegation).
New rules: Employers, both in the public and private sector employing 50 employees or more. Relative obligation for employers employing less than 50 employees: only mandatory at the request of the trade union delegation or through direct participation of employees (when there is no trade union delegation).
How?
Old rules: Approval of all members of the employee representation in the Committee for Prevention and Protection at Work (CPPW); the trade union delegation (when there is no CPPW); the employees themselves (when there is no trade union delegation). In case of no agreement, the opinion of the competent public official, who will try to reconcile, must be sought.
New rules: Approval of all members of the employee representation in the Committee for Prevention and Protection at Work (CPPW); the trade union delegation (when there is no CPPW); the employees themselves (when there is no trade union delegation). In case of no agreement, the opinion of the competent public official, who will try to reconcile, must be sought.
How many?
Old rules: It is possible to appoint multiple persons of trust.
New rules: It is possible to appoint multiple persons of trust, but at least one is mandatory.
Who?
Old rules: Part of the employer’s personnel, when:
- the employer employs more than 20 employees; and
- only uses a prevention expert safety at work from an external service for prevention and protection at work (ESPPW).
New rules: Part of the employer’s personnel, when:
- the employers employs 50 employees or more; or
- the employer employs 20 employees or more and uses a prevention expert safety at work from an ESPPW.
Training?
Old rules: It is not necessary for a person of trust to have received the required training at the time of appointment. For this, the person of trust has 2 years starting from the appointment.
New rules: It is not necessary for a person of trust to have received the required training at the time of appointment. For this, the person of trust has 2 years starting from the appointment.
Incompatibilities?
Old rules:
- Prevention expert safety at work – occupational physician
- Employer representative or employee representative in the Works Council or CPPW or part of the trade union delegation
- Executive/managing employee
New rules:
- Prevention expert safety at work – occupational physician
- Employer representative or employee representative in the Works Council or CPPW or part of the trade union delegation
- Executive/managing employee
Cumul?
Old rules:
- Prevention expert psychosocial risks at work
- Prevention advisor of the internal service for prevention and protection at work (ISPPW), unless
- the employer is the prevention expert safety at work;
- the prevention expert safety at work does not agree;
- all members of the trade union delegation of all employers (when there is no trade union delegation) do not agree
New rules:
- Prevention expert psychosocial risks at work
- Prevention advisor of the ISPPW, unless
- the employer is the prevention expert safety at work;
- the prevention expert safety at work does not agree
Dismissal protecyion?
Old rules: No specific protection against dismissal
New rules: No specific protection against dismissal
Sanctions?
Old rules:
Level 2 Social Penal Code:
- criminal fine of EUR 400 to EUR 4000; or
- administrative fine or EUR 200 to 2000
New rules:
Level 2 Social Penal Code:
- criminal fine of EUR 400 to EUR 4000; or
- administrative fine or EUR 200 to 2000
The amendments will enter into force the first day of the month following publication in the Belgian Official Gazette.
TO DO: Employers employing 50 employees or more must:
- appoint at least one person of trust that is a part of the employer’s personnel; and
- adapt the welfare policies by incorporating the figure of person of trust into the procedures relating to internal psychosocial intervention in the context of well-being at work.
Kato Aerts
Celien De Wever
