Law On Protection Against Violence And Moral Or Sexual Harassment In The Workplace

Original Language Title: Loi relative à la protection contre la violence et le harcèlement moral ou sexuel au travail

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Posted the: 2002-06-22 Numac: 2002012823 Ministry of employment and labour 11 June 2002. -Law on protection against violence and moral or sexual harassment at work ALBERT II, King of the Belgians, all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. 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 performance of their art work 2. article 2, § 4, of the Act of 4 August 1996 concerning the welfare of workers during the performance of their work is replaced by the following provision: "§ § 4 4» This Act does not apply to domestic servants and other people home or to their employers with the exception of sections 1 and 3 of chapter Vbis. » Art. 3. article 4, § 1, paragraph 2, of the Act, as amended by the Act of 7 April 1999, is completed as follows: «8 ° the protection of workers against violence and moral or sexual harassment in the workplace.»
S. 4. article 6, paragraph 2, of the Act is supplemented as follows: "7 ° participate positively to prevention policy implementation in the context of the protection of workers against violence and moral or sexual workplace harassment, to refrain from any act of violence or moral or sexual workplace harassment and to refrain from any misuse of the complaints procedure."
S.
5. a chapter Vbis, as follows shall be inserted in the Act: «Chapter Vbis. -Specific provisions concerning violence and moral or sexual harassment in the workplace Section 1st. -General provisions and definition art. 32bis. employers and workers and assimilated persons referred to in article 2, § 1, and persons, other than those referred to in article 2, § 1, which come into contact with workers during the performance of their work, are required to refrain from any act of violence or moral or sexual harassment in the workplace.
S. 32ter. For the purposes of this Act, shall mean: 1 ° violence at work: each factual situation where a worker or other person to which this chapter is applicable, is persecuted, threatened or attacked psychically or physically during the execution of the work;
2 ° psychological harassment at work: abusive and repeated any original, external or internal pipes to the company or the institution, which is manifested in particular behaviour, words, intimidation, acts, gestures and unilateral writings, having as their object or effect to undermine the personality, dignity or physical or mental integrity of a worker or other person to which this chapter is implementing during the execution of his work, jeopardizing his employment or create an intimidating, hostile, degrading, humiliating or offensive environment environment.
3 ° sexual harassment in the workplace: any form of behaviour verbal, non-verbal or body of a sexual nature that guilty, knows or ought to know, that it affects the dignity of women and men in the workplace.
All names of functions that are used in this chapter, such as advise in prevention or person of confidence, concern both women and men.
Section 2. -Measures to prevent s. 32quater. § 1. The employer shall determine the measures to be taken to protect workers against violence and moral or sexual harassment in the workplace.
These measures which need to be adapted to the nature of activities and the size of the company carry at least: 1 ° the material arrangements of workplaces to prevent violence and moral or sexual harassment in the workplace;
2 ° the definition of the means available to victims to get help and how to address the prevention consultant and the trusted person designated for the acts of violence and moral or sexual harassment in the workplace;
3 ° the investigation fast and impartially the facts of violence and moral or sexual harassment in the workplace;
4 ° the home, assistance and support to victims;
5 ° measures to support and rehabilitation to the work of the victims;
6 ° the obligations of the line management in the prevention of acts of violence and moral or sexual harassment in the workplace;
7 ° the information and training of workers;
8 ° the information of the Committee.
These measures are submitted for approval to the Committee.
§ 2. The King may determine the conditions and detailed rules for the application of this article. In addition, it may take specific measures, in order to take account of new or specific risk situations or in order to take account of the specific situation of the worker.

However, for employers to which applies the law of 5 December 1968 on collective labour agreements and joint commissions, conditions, terms and conditions and the specific measures referred to in the first subparagraph may be determined by a collective labour agreement concluded within the national labour Council, made compulsory by royal decree.
S. 32quinquies. § 1. The employer shall ensure that workers who are victims of acts of violence or moral or sexual harassment in the workplace, receive psychological support appropriate to services or specialized institutions.
§ 2. The King may determine the conditions and detailed rules for the application of this article. In addition, it may take specific measures to take account of new or specific risk situations or in order to take account of the specific situation of the worker.
However, for employers to which applies the law of 5 December 1968 on collective labour agreements and joint commissions, conditions, terms and conditions and the specific measures referred to in the first subparagraph may be determined by a collective labour agreement concluded within the national labour Council, made compulsory by royal decree.
S.
32sexies. § 1. The employer shall designate after prior agreement of all of the members representing workers within the Committee: 1 ° a prevention consultant specialized in the psycho-social aspects of labour and violence and moral or sexual harassment in the workplace;

2 ° where appropriate, the trust people who attend this Advisor prevention.
The prevention consultant referred to in paragraph 1, 1 ° is part of the service internal for the prevention or the protection at work of the company or the institution or an external prevention service and protection at work. It cannot be a competent prevention consultant for the occupational medicine.
§ 2. If the agreement referred to the § 1, paragraph 1, is not obtained, or if the employer is less than fifty workers, this latter fact call to a prevention consultant of a service external for prevention and protection at work, specialized in the psycho-social aspects of labour and violence and moral or sexual harassment in the workplace.
§ 3. If no agreement is obtained on the designation of trusted people who assist the prevention consultant, the employer asks the opinion of the official supervision referred to in article 80.
Officer means the parties concerned and tries to reconcile the positions of each. In the absence of conciliation, this officer gives a notice which is notified to the employer by registered letter. The employer informed the Committee of the official notice within a period of thirty days from the date of the notification, before taking the decision on the designation. If he does not follow the opinion of the officer, he shall inform also the reasons the Committee.
§ 4. The King determines the missions and the tasks of the prevention consultant and trusted people who attend it, as well as the training necessary to carry out their mission.
S. 32septies. where acts of violence or moral or sexual harassment in the workplace are brought to the knowledge of the employer, it shall take the appropriate measures, in accordance with the provisions of this chapter. If acts of violence or moral or sexual harassment in the workplace persist after the implementation measures, or if the employer fails to take adequate measures, the prevention consultant captures, in consultation with the victim, officials responsible for the supervision of this Act.
S. 32octies. The measures referred to in this section shall be recorded in the work regulations.
In addition, the employer may bear the measures adopted, to the knowledge of the workers by additional means of communication.
Employers covered by the Act of 5 December 1968 on collective labour agreements and joint committees, may fix the means of communication referred to in paragraph 2 in a collective labour agreement concluded within the National Labour Council made compulsory by royal decree.
Section 3. – Protection of workers against violence and moral or sexual harassment at work article 32nonies. The employees who consider themselves victim of acts of violence or moral or sexual harassment in the workplace, can be send either the prevention Advisor or trusted people who assist him, or officials responsible for monitoring

referred to in article 80 and, where applicable, file a complaint motivated with these individuals, according to the terms and conditions laid down pursuant to article 32quater, § 2.
S. 32decies. Any person who has an interest may bring proceedings before the competent court to enforce the provisions of this chapter.
Without prejudice to the possibility of granting of damages and interest, the competent court may ordered to one who is guilty of violence or moral or sexual harassment in the workplace, as well as the employer terminate within the time limit which it shall determine.
S. 32undecies. when a person who has an interest establishes before the competent court of facts which suggest the existence of violence or moral or sexual harassment in the workplace, the burden of proof that there has not been violence or moral or sexual harassment at work is the responsibility of the defendant.
Paragraph 1 does not apply to criminal proceedings and without prejudice to other legal provisions more favourable regarding burden of proof.
S. 32duodecies. for the defence of the rights of persons to whom this chapter is applicable, can test in court in all disputes to which the application of this chapter could be: 1 ° the representative organizations of workers and employers as defined in article 3 of the law of 5 December 1968 on collective labour agreements and joint committees;
2 ° the representative trade unions within the meaning of article 7 of the Act of 19 December 1974 governing relations between public authorities and trade unions of workers covered by these authorities;
3 ° the representative trade union organizations within the Trade Union consultation body designated for administrations, services and institutions to which the Act of 19 December 1974 regulates relations between public authorities and trade unions officials under these authorities is not applicable;

4 ° public utility institutions and non-profit associations, covered by the Act of 27 June 1921 granting legal personality to non-profit associations and establishments of public utility, with legal personality for three years at least on the day of the intentement of the action, where the facts of violence or moral or sexual harassment have prejudiced the statutory purposes they are given for continued mission.
The power of the organizations referred to in paragraph 1, without prejudice to the right of the victim to act personally or to intervene in the proceeding. If the victim makes use of this right, the power of the organizations referred to in paragraph 1 is subject to its agreement.
The power of the organizations referred to in paragraph 1, 4 °, is nevertheless subject to the agreement of the victim.
S.
32tredecies. § 1. Employing a worker who filed a reasoned complaint or at the level of the company or the institution that employs him, according to the procedures in force, either with officials responsible for monitoring or for which these officials intervened, or commences or for which an action is brought to justice to enforce the provisions of this chapter may not terminate the employment relationship or unilaterally change the conditions of employment, except for reasons unrelated to this complaint or to this action.
§
2. The burden of proof of the reasons referred to the § 1 rests with the employer if the employee is terminated or when its working conditions were changed unilaterally in the twelve months following the filing of a complaint or the evidence of a witness. This burden to the employer in the event of dismissal or if changes unilaterally the working conditions that took place after the intentement of legal action and this, up to three months after the judgment is cast in force of res judicata.
§ 3. When the employer terminates the employment relationship or unilaterally modify the conditions of work, in violation of the provisions of § 1, the worker or workers organization to which he is affiliated, can apply for reinstatement in the company or institution under the conditions that prevailed before the facts which led to the complaint.
The request is made by registered mail, within thirty days following the date of notification of the notice, of the break without notice or unilateral modification of working conditions. The employer must take a position on this request within a period of thirty days from its notification.
The employer that reintegrates the worker in the company or the institution or takes over in its earlier function in the conditions that prevailed before the facts which led to the complaint, is required to pay the remuneration lost by reason of dismissal or modification of working conditions and pay of employers and workers contributions to this remuneration.
§ 4. Absence of reinstatement or resumption in the service under the conditions that prevailed before the facts which led to the complaint, the request referred to in § 3, paragraph 1 the worker whose dismissal or unilateral modification of working conditions was found to be contrary to the provisions of § 1, the employer shall pay to the worker compensation equal, depending on the choice of the worker , either in a lump sum corresponding to six months gross remuneration, either to the injury actually suffered by the worker, to charge for it to prove the extent of this damage, in the latter case.
§ 5. The employer is required to pay the same compensation, without the worker is required to introduce demand reinstatement or resumption in the service under the conditions that prevailed before the facts which led to the complaint referred to in § 3, paragraph 1: 1 ° when the competent court has considered established facts of violence or moral or sexual harassment in the workplace;
2 ° when the worker breaks the contract because the employer behaviour contrary to the provisions of § 1 which in the head of the worker are a reason to terminate the contract without notice or prior to the expiration of the term;
3 ° when the employer terminated the worker for a serious reason, provided that the competent court has seen the dismissal unfounded and contrary to the provisions of § 1.
§ 6. The prevention consultant shall immediately inform the employer that a worker shall receive the protection provided by this article, when a procedure on the basis of a reasoned complaint is initiated at the level of the company or the institution.
§
7. The protection referred to in this article is also applicable to workers who are involved as witnesses in litigation to which the application of this chapter could give rise. » Art.
6. an article 88bis, worded as follows, shall be inserted in the Act: «art.» 88bis. Without prejudice to the provisions of articles 269 to 272 of the penal Code, shall be punished to imprisonment of eight days to one month and a fine of EUR 26 to 500 or one of those penalties only those which did not end violence or moral or sexual harassment at work within the time they established by the competent court under article 32decies. » Art. 7. in articles 81 to 89 of the Act the word "Frank" is replaced by "EUR".
S. 8. the clerk of the Court of labour or the Labour Court shall notify the medical inspectorate of the Ministry of employment and labour decisions pursuant to article 578, 11 °, of the Judicial Code.
CHAPTER III. -Amendment of the Act of 8 April 1965 establishing regulations of work article 9. article 14, 2 °, of the law of 8 April 1965 establishing regulations of work, as amended by the Act of 12 August 2000, is supplemented as follows: "s) the measures adopted to protect workers against violence and moral or sexual harassment at work within the meaning of chapter Vbis of the welfare of workers Act of 4 August 1996 during the performance of their work."
CHAPTER IV. -Provisions finals s. 10. an evaluation of these provisions is planned within a period of two years from the date of the entry into force of this Act. This evaluation is entrusted to the Ministry of employment and work which is in collaboration with the Ministry of Justice and the national Council of labour.
S. 11. this Act comes into force the first day of the first month following that during which it has been published in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 11 June 2002.
ALBERT by the King: the Minister of employment, Ms. L. ONKELINX sealed with the seal of the State: the Minister of Justice, Mr. VERWILGHEN _ Note (1) 2001-2002 regular Session.

House of representatives.
Parliamentary papers. -Bill, no. 1583/001.
-Notice, no. 44 22 May 2001 Commission permanent work of the Council of equality of opportunities between men and women, no. 1583/002. -Erratum, n ° 1583/03. -Amendments, no. 1583/004. -Report, n °.
1583/005. -Text adopted by the Committee on Social Affairs, no. 1583/006. -Coordinated text, no. 1583/007. -Text adopted in plenary meeting and transmitted to the Senate, no. 1583/008.
Annals of the Chamber. -No. 211 of 28 February 2002.
Senate.
Parliamentary papers. -Project

referred by the Senate, no. 2-1063/1. -Amendments, no. 2-1063/2. -Report, n ° 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.

Annals of the Senate. -No. 2-205 of 23 May 2002.