Understanding the ‘Right to disconnect’ in Belgium

In today’s always-on digital landscape, the right to disconnect is becoming increasingly important for employees. Belgium has taken significant steps to protect this right with legislation.

In Belgium, the Law of October 3, 2022, regarding various provisions related to employment, introduced a right to disconnect into the Law of March 26, 2018, which pertains to the reinforcement of economic growth and social cohesion.

This right to disconnect allows employees to be not connected to professional digital tools (such as mobile phones, smartphones, computers, and emails) outside of their working hours.

1. Key Objectives

The right to disconnect aims to:

  • Protect employee health: by addressing psychosocial risks, including stress and burnout.
  • Ensure compliance with working hours: to reinforce designated working hours and necessary rest periods.
  • Maintain work-life balance: helping employees safeguard their personal and family lives.

2. Practical Implications

So, what does the right to disconnect mean for employees and employers?

  • Unavailability is acceptable: Employers cannot expect employees to respond to calls or messages outside of normal working hours or during leave.
  • No disciplinary Measures: Employees cannot face penalties for choosing not to connect after hours, nor can they be rewarded for remaining available.
  • Use of personal Tools: Employers must refrain from promoting the use of personal communication apps (like WhatsApp or Facebook Messenger) for work purposes.

3. Collective bargaining agreements or work regulations requirement for some companies.

Since January 1, 2023, all private sector companies with at least 20 employees must implement the right to disconnect through a collective bargaining agreement (CBA) or by updating their internal work regulations (Art. 16).

Their CBA or work regulations must include:

  • Actions taken to uphold the right to disconnect.
  • Guidelines for the use of professional digital tools.
  • Training and awareness initiatives for employees and management.

If a sector-wide or interprofessional CBA is already in place, the company-level requirement may not apply.

4. Conclusion

The right to disconnect is a significant development for employee rights in Belgium. Its effectiveness will depend on how organizations adapt their cultures and practices to support this right. Clear guidelines and awareness initiatives will be crucial for fostering a healthy work environment.

If you have any questions or would like help in this topic, please do not hesitate to contact our law firm.

Tanguy Gillain

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