11 JUIN 2002. - Law on Protection against Violence and Moral or Sexual Harassment at Work

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendment of the Act of 4 August 1996
concerning the welfare of workers during the execution of their work
Art. 2. Article 2, § 4, of the Act of 4 August 1996 on the welfare of workers during the execution of their work is replaced by the following provision:
Ҥ4. This Act does not apply to domestic workers and other domestic workers or to their employers except for sections 1^re and 3 of Chapter Vbis."
Art. 3. Article 4, § 1^erParagraph 2 of the Act, as amended by the Act of 7 April 1999, is supplemented as follows:
"8° protection of workers against violence and moral or sexual harassment at work. »
Art. 4. Section 6, paragraph 2, of the Act is supplemented as follows:
"7° to participate positively in the policy of prevention implemented in the context of the protection of workers against violence and moral or sexual harassment at work, to refrain from any act of violence or moral or sexual harassment at work and to refrain from any abusive use of the complaint procedure. »
Art. 5. A chapter Vbis, as follows, is inserted in the same law:
« CHAPTER Vbis . - Specific provisions concerning violence and moral or sexual harassment at work
Section 1^re . - General provisions and definition
Art. 32 bis. Employers and workers and similar persons referred to in Article 2, § 1^erand persons, other than those referred to in Article 2, § 1^er, who come into contact with workers during the execution of their work, are obliged to refrain from any act of violence or moral or sexual harassment at work.
Art. 32ter. For the purposes of this Act:
1° Violence at work: each de facto situation where a worker or other person to whom this chapter is applied is persecuted, threatened or physically assaulted during the performance of the work;
2° moral harassment at work: abusive and repeated conducts of any origin, external or internal to the enterprise or institution, which are manifested in particular by behaviours, words, intimidations, acts, gestures and unilateral writings, having the object or effect of impairing the personality, dignity or physical or psychological integrity of a worker or another person to whom the present chapter is
3° sexual harassment at work: any form of verbal, non-verbal or physical behaviour of a sexual nature, including the person who commits it, knows or should know, that it affects the dignity of women and men in the workplace.
All designations of functions that are used in this chapter, such as prevention counsellors or trustees, concern both women and men.
Section 2. - Prevention measures
Art. 32quater. § 1^er. The employer determines the measures to be taken to protect workers from violence and moral or sexual harassment at work.
These measures that need to be adapted to the nature of the activities and to the size of the enterprise shall include:
1° physical facilities in the workplace to prevent violence and moral or sexual harassment in the workplace;
2° the definition of the means available to victims to obtain assistance and how to address the prevention advisor and the trusted person designated for acts of violence and moral or sexual harassment at work;
3° the prompt and impartial investigation of acts of violence and moral or sexual harassment at work;
4° the reception, assistance and support required for victims;
5° measures for the care and rehabilitation of victims;
6° the obligations of the hierarchical line in the prevention of acts of violence and moral or sexual harassment at work;
7° information and training of workers;
8° the committee's information.
These measures are submitted for prior agreement to the committee.
§ 2. The King may determine the terms and conditions of application of this Article. In addition, it may take specific measures to take into account specific or new risk situations or to take into account the specific situation of the worker.
However, for employers to which the Act of 5 December 1968 on collective labour agreements and joint boards applies, the conditions, terms and conditions and specific measures referred to in paragraph 1 may be determined by a collective labour agreement, concluded within the National Labour Council, made mandatory by royal decree.
Art. 32quinquies. § 1^er. The employer ensures that workers who are victims of acts of violence or moral or sexual harassment at work receive appropriate psychological support from specialized services or institutions.
§ 2. The King may determine the terms and conditions of application of this Article. In addition, it may take specific measures to take into account specific or new risk situations or to take into account the specific situation of the worker.
However, for employers to which the Act of 5 December 1968 on collective labour agreements and joint boards applies, the conditions, terms and conditions and specific measures referred to in paragraph 1 may be determined by a collective labour agreement, concluded within the National Labour Council, made mandatory by royal decree.
Art. 32sexies. § 1^er. The employer shall, after prior agreement of all members representing workers in the committee:
1° a prevention advisor specializing in the psychosocial aspects of work and violence and moral or sexual harassment at work;
2° where applicable, trustees who assist this preventive advisor.
The Prevention Advisor referred to in paragraph 1^er, 1° is part of the internal service for prevention or protection at work of the company or institution or an external service for prevention and protection at work. He cannot be a competent preventive advisor for occupational medicine.
§ 2. If the agreement referred to in § 1^erParagraph 1^er, is not obtained, or if the employer occupies less than fifty workers, the employer appeals to an external service prevention advisor for occupational prevention and protection, specialized in the psychosocial aspects of work and violence and moral or sexual harassment at work.
§ 3. If no agreement is reached on the designation of trustees who assist the prevention advisor, the employer requests the advice of the supervisory officer referred to in section 80.
The grievor heard the parties involved and tried to reconcile the positions of each individual. In the absence of conciliation, the grievor gives an opinion that is notified to the employer by registered letter. The employer shall inform the committee of the grievor's notice within thirty days of the notification, before making the decision on the designation. If the grievor does not follow the grievor's notice, he also discloses the reasons to the committee.
§ 4. The King determines the missions and tasks of the Prevention Adviser and the trusted persons who assist him, as well as the training needed to carry out their mission.
Art. 32s. Where acts of violence or moral or sexual harassment at work are brought to the attention of the employer, the employer must take appropriate measures in accordance with the provisions of this chapter. If acts of violence or moral or sexual harassment at work persist after the implementation of the measures or if the employer refrains from taking the appropriate measures, the Prevention Counsel shall, in consultation with the victim, seize the officials responsible for the supervision of this Act.
Art. 32octies. The measures referred to in this section shall be included in the working regulations.
In addition, the employer may bring the measures adopted to the attention of workers through additional means of communication.
Employers to whom the Act of 5 December 1968 on collective labour agreements and parity commissions applies may set out the means of communication referred to in paragraph 2 in a collective labour agreement, concluded within the National Labour Council, made mandatory by royal decree.
Section 3. - Protection of workers against violence and moral or sexual harassment at work
Art. 32nonies. A worker who considers himself to be a victim of acts of violence or of moral or sexual harassment at work, may address either the preventive counsellor or the trusted persons who sit on him or the supervisory officials referred to in section 80 and, where appropriate, file a substantiated complaint with those persons, under the conditions and conditions established under section 32quater, § 2.
Art. 32decies. Any person who justifies an interest may bring proceedings before the competent court to enforce the provisions of this chapter.
Without prejudice to the possibility of damages, the competent court may close the order to the person who is guilty of violence or moral or sexual harassment at work, as well as to the employer, to put an end to it, within the time it sets.
Art. 32undecies. Where a person who justifies an interest establishes before the competent court the facts that allow for the presumption of violence or moral or sexual harassment at work, the burden of proof that there has been no violence or moral or sexual harassment at work is the responsibility of the respondent.
Paragraph 1^er does not apply to criminal proceedings and does not affect other more favourable legal provisions concerning the burden of proof.
Art. 32duodecies. For the defence of the rights of persons to whom this chapter is applicable, may test in court in all disputes to which the application of this chapter may result:
1° the representative organizations of workers and employers as defined in Article 3 of the Act of 5 December 1968 on collective labour agreements and joint commissions;
2° the representative trade union organizations within the meaning of Article 7 of the Act of 19 December 1974 regulating the relations between the public authorities and the trade unions of the agents of these authorities;
3° the representative trade union organizations within the designated trade union forum for administrations, services and institutions for which the law of 19 December 1974 regulating the relations between the public authorities and the trade unions of the agents under these authorities is not applicable;
4° public utility institutions and non-profit associations, covered by the Act of 27 June 1921 granting civil personality to non-profit associations and public utility institutions, with legal personality for at least three years on the day of the initiation of the action, in the event that the acts of violence or moral or sexual harassment have adversely affected the statutory purposes they have given themselves for the purpose of prosecution.
The authority of organizations referred to in paragraph 1^er, does not infringe the victim's right to act personally or intervene in the proceeding. If the victim uses this right, the authority of the organizations referred to in paragraph 1^er is subordinate to his agreement.
The authority of the organizations referred to in paragraph 1^er, 4°, is nevertheless subordinate to the agreement of the victim.
Art. 32tredecies. § 1^er. The employer who occupies a worker who has filed a reasoned complaint either at the level of the undertaking or institution that is responsible for it, in accordance with the procedures in force, or at the level of the supervisory officials or for which such officials have intervened, or who initiates or for which a legal action is brought to enforce the provisions of this chapter, may not terminate the working relationship, or unilaterally alter the conditions of work, except for the purposes of which are
§ 2. The burden of proof of the reasons referred to in § 1^er is the responsibility of the employer when the worker is terminated or when his or her working conditions have been unilaterally altered within twelve months of filing a complaint or testimony. This burden is also the responsibility of the employer in the event of termination or in the event of a unilateral change in the working conditions that occurred after a legal action has been commenced, up to three months after the judgment is cast into force.
§ 3. When the employer terminates the working relationship or unilaterally alters the working conditions, in violation of the provisions of § 1^er, the worker or organization of workers to which he or she is affiliated, may apply for reinstatement in the company or institution under the conditions that prevailed before the facts that motivated the complaint.
The request shall be made by registered letter to the position, within 30 days after the date of notification of notice, termination without notice or unilateral change of working conditions. The employer must take a position on this application within thirty days of its notification.
The employer who reintegrates the worker or the institution in his or her previous position in the conditions that prevailed before the facts that motivated the complaint, is required to pay the lost remuneration because of the termination or modification of the working conditions and to pay the contributions of employers and workers in respect of that remuneration.
§ 4. Failing reinstatement or reinstatement in the function in the conditions that prevailed before the facts that motivated the complaint, following the request referred to in § 3, paragraph 1^erthe worker whose dismissal or unilateral modification of the working conditions was deemed to be contrary to the provisions of § 1^er, the employer shall pay the worker, an egale compensation, according to the worker's choice, to a lump sum corresponding to the gross remuneration of six months, or to the actual injury suffered by the worker, dependant on the worker to prove the extent of the injury, in the latter case.
§ 5. The employer is required to pay the same compensation, without the worker being required to enter the application for reinstatement or reinstatement in the position under the conditions that prevailed before the facts that motivated the complaint referred to in § 3, paragraph 1^er :
1° lorque the competent court has considered the facts of violence or moral or sexual harassment at work as established;
2° where the worker breaks the contract because of employer behaviour contrary to the provisions of § 1^er which in the head of the worker constitutes a reason to break the contract without notice or before the expiry of the term;
3° where the employer terminated the worker for a serious reason, provided that the competent court found the termination unfounded and contrary to the provisions of § 1^er.
§ 6. The Prevention Advisor shall immediately inform the employer of the fact that the worker benefits from the protection referred to in this section, where proceedings on the basis of a substantiated complaint are initiated at the enterprise or institution level.
§ 7. The protection referred to in this section is also applicable to workers who intervene as witnesses in disputes to which the application of this chapter may take place. »
Art. 6. An article 88bis, as follows, is inserted in the same law:
"Art. 88bis . Without prejudice to the provisions of articles 269 to 272 of the Criminal Code, a person shall be liable to imprisonment for eight days to one month and a fine of EUR 26 to 500 or only to persons who have not put an end to violence or moral or sexual harassment at work within the time limit set by the competent court under section 32decies. »
Art. 7. In sections 81 to 89 of the same law, the word "franc" is replaced by the word "EUR".
Art. 8. The Registrar of the Labour Court or the Labour Court shall notify the Medical Inspectorate of the Ministry of Employment and Labour of the decisions rendered pursuant to Article 578, 11°, of the Judicial Code.
CHAPTER III. - Amendment of the Act of 8 April 1965 establishing regulations
Art. 9. Section 14, 2°, of the Act of 8 April 1965 establishing the labour regulations, as amended by the Act of 12 August 2000, is supplemented as follows:
"(s) the measures taken to protect workers from violence and moral or sexual harassment at work within the meaning of Chapter Vbis of the Act of 4 August 1996 on the welfare of workers during the execution of their work. »
CHAPTER IV. - Final provisions
Art. 10. An assessment of these provisions shall be made within two years of the coming into force of this Act. This evaluation is entrusted to the Ministry of Employment and Labour, which works in collaboration with the Ministry of Justice and the National Labour Council.
Art. 11. This Act comes into force on the first day of the first month following the one in which it was published in the Belgian Monitor.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 June 2002.
ALBERT
By the King:
The Minister of Employment,
Ms. L. ONKELINX
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Regular session 2001-2002.
House of Representatives.
Parliamentary documents. - Bill 1583/001. - Opinion, No. 44 of 22 May 2001 of Permanent Commission of Labour of the Council of Equal Opportunities for Men and Women, No. 1583/002 . - Erratum, no. 1583/03. - Amendments, No. 1583/004. - Report, no. 1583/005. - Text adopted by the Commission on Social Affairs, No. 1583/006 . - Coordinated text, no. 1583/007. - Text adopted in plenary and transmitted to the Senate, No. 1583/008.
Annales of the House. - No. 211 of 28 February 2002.
Senate.
Parliamentary documents . - Project referred to by the Senate, No. 2-1063/1. - Amendments, No. 2-1063/2. - Report, no. 2-1063/3. - Text corrected by the Commission, No. 2-1063/4. - Amendments, no. 2-1063/5. - Decision not to amend, No. 2-1063/6.
Annales of the Senate. - No. 2-205 of 23 May 2002.