Are you facing a situation of workplace harassment in Belgium, or do you know someone who is a victim?
This article aims to clearly explain the different types of harassment recognized by Belgian law, the employer’s obligations to protect employees, and the remedies available to stop such behavior.
Definition and forms of harassment
Moral harassment
Moral harassment refers to any inappropriate behavior (verbal or physical) that is repeated over time and has the effect of harming a person’s dignity or creating an intimidating or offensive work environment.
Sexual harassment
Sexual harassment refers to any behavior or speech of a sexual nature, whether repeated or not, that harms a person’s dignity or creates an intimidating environment.
Prevention of workplace harassment
Employer obligations
The employer is obligated to implement all necessary measures to prevent psychosocial risks at work, as well as to avoid or limit any resulting harm. Harassment is, in this regard, considered a manifestation of these psychosocial risks.
Protection of the employee against retaliation
Employees who report situations of violence, moral harassment, or sexual harassment at work are protected against any form of retaliation. If these incidents are related to discrimination, the protection comes from anti-discrimination laws; if not, it falls under workplace well-being legislation.
I am a victim of harassment – what should I do?
Preserve evidence
To establish moral or sexual harassment, the victim must gather precise evidence showing that the incidents experienced are not justified by the needs of the company but constitute unjustified attacks.
It is essential to document each event in detail and place it in time, keeping all relevant elements at hand, such as emails, testimonies, warning letters, or sanctions, in order to build a strong file to support your complaint or dispute.
Who to contact?
Furthermore, as an employee victim, you can benefit from help and support from various contacts, including:
- Your direct supervisor or HR department;
- The designated person in the company or administration responsible for handling harassment cases;
- The Prevention Advisor for Psychosocial Aspects (CPAP);
- Employee representatives (such as staff delegates, members of the Committee for Prevention and Protection at Work, etc.), responsible for advising, supporting, and assisting employees;
- The occupational physician, authorized to assess the situation and recommend workplace adjustments;
- A union or lawyer, for legal advice and support in taking action;
- The Center for Workplace Well-being Control (Labor Inspectorate) to verify compliance with legal obligations.