Better protection against discrimination as from 1 June 2023

30-05-23

The so-called “Retaliation Act” provides witnesses and victims of discrimination on the work floor better protection against adverse measures. This should make it easier to report discrimination.

 

In Belgium, witnesses who stood up for victims of discrimination were only protected once they has issued a formal statement. Pressure from Europe has now resulted in increased protection, which will also be in force even without a formal statement.

 

Stricter rules

Apart from that, employers are faced with stricter rules: they will be required to demonstrate that there is no link between a dismissal or missed promotion and a discrimination report. 

Beware: this protection does not count when employees abuse the procedures. If a report proves to be unfounded, the employee may be liable to pay damage compensation.

The Retaliation Act was published in the Belgian Official Gazette on 15 May 2023. The law came into force on 1 June.

As from now, when reporting discrimination (with psycho-social prevention advisor, occupational physician or any other staff member of an external service, but also with the confidant or union representative), an employee can request a certificate. Soon, all external services will have a certificate template at their disposal. Subscribe to our newsletter and stay informed.

Once the certificate is available, customers can also find it via MyMensura.

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