Disconnection and use of digital means of communication: agreements to be reached at company level

The Law of 26 March 2018 on the improvement of economic growth and social cohesion provides, since 9 April 2018, for the obligation to organize, within the company, consultations on disconnecting from work and using digital means of communication (pc, laptop, mobile phone, smartphone, tablet, etc.).

Employers concerned

All employers (mainly) in the private sector should organize consultations on disconnecting from work and using digital means of communication.

Objective

It must be noted that employees often remain connected outside normal working hours, but also that teleworking and other forms of time and location independent working are becoming increasingly frequent.

The objective pursued under this new obligation is therefore twofold:

• on the one hand, combatting excessive stress at work and burn-out;
• and, on the other hand, ensuring rest periods, annual leave and other leave of the employees are observed and preserving the balance between work and private life.

In practice

It is the employer’s responsibility to organize consultations on disconnecting from work and using digital means of communication:

• in the committee for prevention and protection at work or, in absence thereof, in the trade union delegation or, in absence thereof, with the employees;
• at regular intervals and at each request of the workers (or their representatives).

Proposals and opinions may be formulated on the basis of these consultations.

The resulting agreements will be clear and ‘tailor-made’: rules of conduct (e.g. must the employee, outside working hours, be available or respond to work-related emails/texts?), technical solutions, etc.  

These agreements may be integrated in the employment regulations (provided that the usual procedure for modifying the employment regulations shall be complied with) or may be the subject of a collective labour agreement.

It is strongly recommended to modify or complete them later, depending on the needs/requests of the employees and the employer (e.g. when several employees request to telework one or two days a week, when a company smartphone is made available to the employees, etc.).

N.B.! The law of 26 March 2018 does not introduce a ‘right to disconnect' but an agreement at company level could foresee this.

Source: law of 26 March 2018 on the improvement of economic growth and social cohesion, Belgian Official Gazette 30 March 2018.

Author: Catherine Mairy

03/05/2018