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New Harassment Act now into force - adapt your employment regulations in time!

Employment Law

22 October 2014


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The new legislation on psychosocial risks in the workplace entered into force on 1 September 2014.   This new legislation expands the scope of application of the so-called “Harassment Act”, part of the Social Welfare Act, to cover all psychosocial risks. By this is now understood not only violence, harassment and unwanted sexual behaviour in the workplace, but also all possible forms of psychological harm, whether or not associated with bodily injury, as a result of an exposure to elements of the work organisation, the work content, the working conditions, the working environment and the interpersonal relations in the workplace, which entail an objective danger and on which the employer has an impact. A case of burn-out, for example, can now fall within the scope of application.   Amongst other things, the act makes it mandatory to appoint a confidential advisor under certain conditions, and it thoroughly reforms the procedures that are open to an employee who experiences harm.   As a result of these changes, a company’s employment rules and regulations will have to be adapted before 1 March 2015. To do this, the procedure to change the employment rules and regulations does not have to be followed, so you can adapt the procedure changes in these rules and regulations unilaterally. After that all you have to do is inform your employees of the changes and submit a copy of them to the social inspectorate. 

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