On 26 October 2023, the Parliament approved the draft act introducing several labour provisions.
Traditionally, this type of draft contains a range of provisions relevant to both labour law and HR.
One of the most significant changes is the mandatory appointment of a person of trust. The concept 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 in first line turn to an accessible and approachable person of trust to seek a solution in an informal way.
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 your organization below.
| Old Rules | New rules |
| What? | Optional appointment | Mandatory appointment of at least one person of trust |
| For whom? | 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). | Employers, both in the public and private sector employing 50 employees or more. Relative obligation for employers with fewer than 50 employees: They must appoint a person of trust if requested by the trade union delegation or through direct employee participation where no delegation exists |
| How? | 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. | 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? | It is possible to appoint multiple persons of trust. | It is possible to appoint multiple persons of trust, but at least one is mandatory. |
| Who? | Part of the employer’s personnel, when: • the employer employs more than 20 employees; and • only uses a prevention expert psychosocial aspects from an external service for prevention and protection at work (ESPPW). | Part of the employer’s personnel, when: – the employer employs 50 employees or more; or – the employer employs 20 employees or more and uses a prevention expert psychosocial aspects from an ESPPW. |
| Training? | 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. | It is not necessary for a person of trust to have received the required training at the time of appointment, but he must finish this within 2 years starting from the appointment. |
| Incompatibilities? | • 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 | • 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? | • 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 | • Prevention expert psychosocial risks at work • Prevention advisor of the ISPPW, unless if – the employer is the prevention expert safety at work; – the prevention expert safety at work does not agree |
| Dismissal protection? | No specific protection against dismissal | No specific protection against dismissal |
| Sanctions? | Level 2 Social Criminal Code: • criminal fine of EUR 400 to EUR 4000; or • administrative fine or EUR 200 to 2000 | Level 2 Social Criminal 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.
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