Legal constraints for employers: Obligations of analysis and action

In Belgium, employers are obliged to identify and assess psychosocial risks and establish risk prevention policies.

Act of 4 August 1996 on well-being of workers in the performance of their work provides the legal basis for health and safety in the workplace. Psychosocial risks are, of course, among the topics associated with well-being in the workplace. 

In 2014, a Royal Decree aimed specifically at the prevention of psychosocial risk, including burnout, further reinforced these foundations. 

Employers must : 

  • Identify situations leading to psychosocial risk in the workplace and take into account burnout.
  • Identify and determine the risks, including those resulting from the organisation and content of work, working conditions and interpersonal relationships at work.
  • Take appropriate preventative measures to avoid these risks.

If these legal obligations are not met, employers risk direct fines, and potential legal action from employees for failing to enforce the relevant legislation.