“On February 24, 2021, an employer was convicted for failing to fulfill his obligations regarding the prevention of burnout risk.
The reason for this lawsuit was an employee who committed suicide after having been incapacitated for work for several months due to burnout. The employer was aware of this overload. For instance, a request for formal psychosocial intervention of a collective nature had previously been submitted, mentioning this issue.
In the judgment of February 2021, the Brussels Correctional Court ruled that the employer
- not convicted or prosecuted for burnout or suicide;
- was convicted for failing to take measures to adjust excessive workload;
It was ruled that the employer was insufficiently proactive in taking concrete preventive actions. This resulted in a heavy fine, half of which was suspended.”
This ruling is the first of its kind and thus sets an important precedent.
Where employers have an impact, they must take appropriate preventive measures to prevent psychosocial risks at work.
Did you know that:
- It is mandatory to carry out a psychosocial well-being risk assessment? These results must be representative of the current work context, so it should be repeated regularly.
- You need a global prevention plan or annual action plan that includes actions related to psychosocial well-being? You can work on five work domains: improvements in terms of work content, work organisation, working conditions, employment terms, or interpersonal relationships.
- You must have procedures in the work regulations regarding psychosocial well-being, so that employees know where to turn when it all becomes too much for them?
- You must evaluate your psychosocial prevention policy at least once a year and adjust it where necessary?
Are you taking sufficient measures to curb staff stress and increase their resilience?
If you don't know or can't see the wood for the trees, we recommend that you review our psychosocial policy checklist . It contains the minimum legal obligations, and this checklist will help you get started with a policy-based approach to psychosocial well-being.
Also be sure to take a look at the Premed extranet. If you are looking for additional information to take action or want to raise awareness among your employees, you can find various brochures, guidelines, sample documents, and tools to shape the psychosocial well-being policy.
If you have any further questions about this, would like tailored advice, or would like us to help build your mentally healthy workplace, please do not hesitate to contact the psychosocial team via psychosociale@premed.be or by replying to this message.
We are happy to assist you in working towards a mentally healthy workplace!
