Workplace bullying in Belgium: procedures, protection and compensation

Workplace bullying in Belgium is prohibited by the Act of 4 August 1996 on the well-being of workers in the performance of their work, known as the Well-being Act (Welzijnswet / loi sur le bien-être). Anyone who is bullied at work by a colleague, a manager or a third party, such as a customer, is entitled to protection and can take action both within the organisation and before the courts. This article explains what the law means by bullying, which procedures exist, how you are protected against retaliation and what compensation you can obtain.

What counts as workplace bullying in Belgium?

The Well-being Act defines bullying, legally called moral harassment at work, as an abusive set of several similar or different behaviours, inside or outside the organisation, that take place over a certain period of time. These behaviours have the purpose or effect of harming the personality, dignity or physical or mental integrity of the worker, jeopardising their employment or creating an intimidating, hostile, degrading, humiliating or offensive environment. They manifest themselves in particular through words, threats, acts, gestures or unilateral writings.

The perpetrator need not have intended to cause harm: the effect of the behaviour is enough. Bullying may also be linked to a ground of discrimination, such as age, sex, origin, religious belief or a disability.

Examples include systematically belittling or ridiculing someone, social isolation, spreading rumours, withholding information or tasks, and excessive and humiliating monitoring. A single incident is generally not bullying, but it may constitute violence or sexual harassment at work, to which the same procedures and the same protection apply. An ordinary disagreement, a justified remark about someone’s work or the normal exercise of the employer’s authority is not in itself bullying.

The employer’s obligations

The employer must prevent psychosocial risks at work, including bullying. To that end, it carries out a risk analysis, takes preventive measures and includes the procedures for workers who consider themselves victims in the work rules (arbeidsreglement / règlement de travail). Workers who deal with customers or other third parties can have incidents caused by third parties recorded in a register.

Once the employer becomes aware of bullying, it must take the necessary measures to put an end to it, where needed even while the investigation is still ongoing. An employer who fails to act may itself be held liable and faces a level 3 sanction, or a level 4 sanction where this has resulted in harm to health or an accident at work, under Article 122 of the Social Criminal Code.

The internal route: confidential counsellor and prevention adviser

Every employer must have a prevention adviser for psychosocial aspects, either from within the organisation or through an external service for prevention and protection at work. There is often also a confidential counsellor (vertrouwenspersoon / personne de confiance). Both are bound by professional secrecy. You can choose between two routes:

• an informal request: to the confidential counsellor or the prevention adviser, in the form of a conversation, an intervention with another person in the organisation or a conciliation with the person concerned;
• a request for formal psychosocial intervention for bullying: this request can only be submitted to the prevention adviser for psychosocial aspects, not to the confidential counsellor. The prevention adviser examines the facts, hears the persons involved and gives the employer an opinion with proposed measures, to which the employer must respond.

A formal request must be preceded by a compulsory personal interview with the prevention adviser. The request itself is a dated and signed document. Describe the facts as precisely as possible, with dates, the people involved and witnesses.

If the problem is not bullying but, for example, workload or a conflict, a request for formal psychosocial intervention of a mainly individual or collective nature is available. Only a request relating to violence, bullying or sexual harassment at work gives rise to the special protection against retaliation.

The external route: inspectorate, police and labour court

You can also contact the Well-being at Work Inspectorate (Contrôle du bien-être au travail), for example if the employer has not appointed a prevention adviser or fails to take appropriate measures. Serious facts may also be prosecuted; you can then file a complaint with the police or the labour prosecutor’s office (auditorat du travail).

You can also bring proceedings before the labour court (arbeidsrechtbank / tribunal du travail). The president of the labour court can, in proceedings similar to summary proceedings, order the bullying to stop, and the court can award damages. If there is an internal procedure within the organisation that can be applied to your situation, the court may ask you to follow it first.

Proving bullying: a shift in the burden of proof

Bullying is often difficult to prove. The law helps the victim: if you establish facts before the court from which the existence of bullying can be presumed, the defendant must prove that there was no bullying. This shift in the burden of proof does not apply in criminal proceedings. Build your file carefully:

• Written records: keep emails, messages, reports and appraisals;
• Logbook: for each incident, note the date, time, place and exactly what happened;
• Witnesses: note which colleagues saw or heard the events;
• Medical evidence: certificates from your GP, the occupational physician or a psychologist can show the effects on your health.

What compensation for workplace bullying?

As a victim, you can claim damages from the perpetrator. You choose between compensation for the material and non-material damage actually suffered, whose extent and causal link you must then prove, and a lump-sum compensation. That lump sum equals three months’ gross pay, or six months’ gross pay:

• if the behaviour is linked to a ground of discrimination;
• if the perpetrator is in a position of authority over the victim;
• because of the seriousness of the facts.

The employer may also be liable, for example if it took no action after a report. That liability follows the ordinary rules: you must then prove the fault, the damage and the causal link. Document your incapacity for work, medical costs and loss of income as precisely as possible.

Protection against dismissal and retaliation

Anyone who submits a request for formal psychosocial intervention for bullying, files a complaint with the inspectorate, the police, the public prosecutor or the investigating judge, brings legal proceedings or acts as a witness is protected against dismissal and other detrimental measures linked to that action. Since the Act of 7 April 2023 (in force since 1 June 2023), the burden of proving the reasons lies with the employer if it dismisses the worker or takes a detrimental measure within twelve months of the moment it became aware, or could reasonably have become aware, of the request, the complaint or the witness statement (Article 32tredecies(2) of the Well-being Act). If the bullying is linked to a ground of discrimination, the protection of the anti-discrimination laws applies instead; it also covers anyone who advises, helps or assists the victim.

If the employer takes a detrimental measure within twelve months of the request, complaint or witness statement, it must prove that the measure has nothing to do with the action. Where legal proceedings have been brought, this reversal of the burden of proof applies until three months after the judgment has become final and can no longer be appealed.

If the measure is unlawful, you can ask by registered letter to be reinstated in the organisation; this must be done within thirty days of notification of the notice of termination, of the termination without notice or of the unilateral change to the working conditions (Article 32tredecies(3) of the Well-being Act). If you are not reinstated, or if you do not ask to be, you can claim, at your choice, compensation equal to six months’ gross pay or to the damage actually suffered. The protection does, however, presuppose that you act in good faith: anyone who manifestly abuses the procedures cannot simply rely on it.

Frequently asked questions

Can I resign because of bullying?

You can, but it is rarely the best first step: you lose your pay and may jeopardise your unemployment benefit. Terminating the contract for serious cause (motif grave) as an employee is risky: it must be done within three working days of becoming aware of the facts, and if the court finds there was no serious cause, you may yourself owe compensation in lieu of notice. So discuss your options first; a negotiated termination is sometimes the better solution.

Do I have to complain internally before going to court?

Not always, but the court may ask you to follow the internal procedure first if one exists and can be applied to your situation. A formal request also often makes it possible to stop the bullying without litigation, and you immediately enjoy protection against retaliation.

Will my report remain confidential?

The confidential counsellor and the prevention adviser are bound by professional secrecy, and with an informal request you decide which steps are taken. With a formal request for bullying, however, the employer is informed of the request, your identity and the fact that you are protected, and the person implicated is told the facts alleged against them (Articles I.3-22, I.3-36 and I.3-37 of the Code on Well-being at Work). This is necessary for the investigation and for your protection.

What if a customer or an outsider is bullying me?

The law also protects you against bullying by third parties, such as customers, suppliers or visitors. You can have the incidents recorded in the register of third-party incidents and submit a request to the prevention adviser. The employer must then take appropriate measures to protect you.

Does my legal expenses insurance cover proceedings?

Many legal expenses insurance policies cover employment disputes, but not all of them: check your policy, the exclusions and any waiting period. As soon as court proceedings are needed, you are free to choose your own lawyer (Article 156 of the Insurance Act of 4 April 2014 – wet betreffende de verzekeringen / loi relative aux assurances). You will find more information in our article on legal expenses insurance.

How Novex Advocaten can help

We assist employees in building their file, with the formal request and in proceedings before the labour court, and we advise employers on their obligations and on handling complaints. Our office is located at Avenue Louise 379, 1050 Brussels. See also our article on dismissal and notice periods.

Call 0484 99 22 72 or email asfour@novexadvocaten.be.