JOBSDEAL (4/5): The right to disconnect

The right to disconnect

Scope

This measure concerns companies in the private sector with at least 20 employees.

Description of the measure

The Act provides for an obligation for employers to adopt a company framework on the right to disconnect by 1 January 2023 at the latest, either through a company collective bargaining agreement or through the work rules. 

However, companies will be exempted from this obligation if a collective bargaining agreement is adopted in the National Labour Council or at sector level, which is then rendered generally applicable trough Royal Decree.

The collective agreement or work rules must at least provide for:

• the practical arrangements for workers to exercise their right to be unavailable outside their working hours ;
• the guidelines for using the digital tools in such a way that the worker's rest, leave, private and family life are guaranteed;
• training and awareness-raising actions for workers and managers on the prudent use of digital tools and the risks associated with excessive connectivity.

Entry into force

The draft Act does not contain any specific provision on entry into force. Therefore, in principle, the measure will enter into force 10 days after its publication in the Belgian Official Gazette.

Caveat

This information is provided subject to approval of the final version of the said Act.

Source:Draft Act on various labour provisions, Ch., session 55, n° 2810/001.