Workplace psychosocial hazards: confidential counsellor mandatory in certain companies from 1 December 2023

The designation of a confidential counsellor competent in the prevention of workplace psychosocial hazards will become mandatory in certain companies from 1 December 2023.

What does this mean in practice?            

Mandatory designation 

Which companies?

You are required to designate one (or more) confidential counsellors:

• if you employ at least 50 employees;
• or, if you employ fewer than 50 employees, when the members of the trade union delegation or, failing that, the employees request it.

As a reminder, before 1 December 2023, a confidential counsellor had to be designated only at the request of the employees (or their representatives).

Designation procedure

You designate the confidential counsellor(s) after obtaining the agreement of all the members representing the employees within the committee for prevention and protection at work or, failing that, of the trade union delegation or, failing that, of the employees.

If no prior agreement is reached and before taking a decision, you must request the advice of the Directorate of the Inspectorate of Well-being at Work (provided that the terms laid down by the Codex on well-being at work are observed).

If you do not follow this advice, you communicate the reasons to the committee for prevention and protection at work or, failing that, the trade union delegation or, failing that, the employees.

Status and incompatibilities

The confidential counsellor(s) does (do) not necessarily have to be part of your staff, except:

• if you employ at least 50 employees;
• or if you employ at least 20 employees and use the services of a psychosocial hazards prevention adviser of the external service for prevention and protection at work.

The confidential counsellor enjoys special protection in case of removal from their post.

Moreover, the confidential counsellor cannot:

• simultaneously occupy a position of prevention adviser with responsibility for occupational medicine;
• (when part of the staff of the company where they perform their duties) be a member of the trade union delegation or the employers' delegation, nor be a (candidate) staff representative within the works council or the committee for prevention and protection at work;
• (when part of the staff of the company where they perform their duties) be a member of the management staff;
• be placed at a disadvantage due to their activities as confidential counsellor. 

Duties and skills

The confidential counsellor is responsible for certain duties and tasks related to the prevention of workplace psychosocial hazards, including violence, bullying and sexual harassment in the workplace.

An employee can turn to the confidential counsellor when they believe they are suffering psychological damage (which may be accompanied by physical damage) resulting from workplace psychosocial hazards including violence, bullying and sexual harassment in the workplace.

The confidential counsellor must therefore have the skills in terms of know-how and knowledge required to carry out their duties. As an employer, you must take the necessary measures to ensure that the confidential counsellor acquires these skills within a period of 2 years after their designation.

Statement in the employment regulations

The contact details of the confidential counsellor(s) must be stated in your employment regulations.

To amend your employment regulations on this point, it is not necessary to follow the procedure of consultation within the works council or, failing that, with the employees.

However, you must:

• hand over a copy of the amendment of the employment regulations to each worker (with acknowledgement of receipt);
• and communicate this amendment to the competent directorate of the social legislation inspectorate within 8 days of its entry into force.

Need advice? Contact our Legal Partners via legalpartners@partena.be.

Source: Law of 5 November 2023 containing various work-related provisions, Belgian Official Gazette of 23.11.2023.