Labour deal: right to disconnect

The labour deal provides for a right to disconnect.

This is the worker's right to not be connected to professional digital tools (mobile phone, smartphone, PC, email, etc.) outside working hours.

This right is inserted in the law of 26 March 2018 on the strengthening of economic growth and social cohesion.

What exactly does this mean?

For what purpose?

The purpose of introducing a right to disconnect for workers is twofold: to ensure respect for workers’ rest periods and leave, as well as for their privacy and family life.

Which employers?

All private sector companies (mainly) that employ at least 20 workers will have to guarantee a right to disconnect.

How?

In the companies concerned, the right to disconnect must be the subject of:

• a collective bargaining agreement (CBA) in the company;
• or, failing that, a provision in the employment regulations.

The company CBA or, failing that, the employment regulations must provide (at least) for:

• the terms of implementation of the right to disconnect: blocking access to the company's server during certain periods, mentioning in the automatic email signature that there is no need to give an immediate response, etc.;
• the guidelines for using professional digital tools: refrain from answering professional emails and calls outside working hours, setting up an out of office message in case of unavailability, etc.;
• the training and awareness actions put in place to prevent any unreasonable use of these tools and the risks that may arise from them (e.g. burnout).

Important note! Apart from the consultation required in the context of concluding a CBA or amending the employment regulations, workers (or their representatives) should also be consulted in advance on certain aspects of disconnection, such as, among others, those related to well-being at work.

When?

If the company concludes a CBA, it must be deposited at the Clerk’s Office of the Directorate General Collective Labour Relations (FPS Employment, Labour and Social Dialogue) by 1 January 2023 at the latest.

If the company amends the employment regulations, the amendment must be communicated to the competent directorate of the social legislation inspectorate by 1 January 2023 at the latest.

As a reminder, in the event of amending the employment regulations, the employer must:

• comply with a consultation procedure in the works council or, failing that, with the workers;
• hand over a copy of the amendment of the employment regulations to each worker (with acknowledgement of receipt);
• communicate this amendment to the competent directorate of the social legislation inspectorate within 8 days of its entry into force.

What if there is an interprofessional or sectoral CBA?

The obligation to conclude a company CBA or to amend the employment regulations does not apply if an interprofessional or sectoral CBA declared generally binding by Royal Decree regulates (at least) the three elements described above (in "How?").

Do you need help or wish to obtain a model on the right to disconnect (company CBA or appendix to the employment regulations)? Then you can contact our Legal Partners via legalpartners@partena.be.

Source: Art. 16 to 17/2 of the Law of 26 March 2018 on the strengthening of economic growth and social cohesion, as amended by the law of 29 September 2022 containing various work-related provisions, Belgian Official Gazette, 10 November 2022.