Quality of life

According to the bill, 'quality of life at work' refers to the conditions and features of work that contribute to work-related motivation, performance and satisfaction. The term encompasses physical and mental health, but also has a broader scope insofar as it relates to a general feeling of satisfaction and fulfilment at work.

Key changes

The Centre for Health, Safety and Quality of Life at Work in the Civil Service will combine the following public divisions under one administrative organisation in order to consolidate coordination and cooperation between the different stakeholders:
•the Psychosocial Division;
•the National Safety Department for the Civil Service;
•the Health in the Workplace Division; and
•the Medical Supervision Division for the Public Sector.

The bill introduces the innovative Psychosocial Division, whose role will be to support administrative managers with regard to the psychosocial risks faced by employees. It will also provide training and guidance, as well as collective and individual monitoring, for civil servants who are struggling with their health, safety or quality of life at work. All civil servants (ie, national and municipal government employees) will have access to the Psychosocial Division.

The bill also recommends that 'psychosocial risks' within the context of employment relationships be defined as follows:

"By psychosocial risk, we mean the probability that one or more employees suffers psychological harm, which might also be accompanied by physical harm, following exposure to components of the work organisation, the content of the work, the working conditions, the living conditions at work, and interpersonal relationships at work, on which the employer has an impact, and that objectively involve danger."

This definition is predominantly inspired by Belgian employment legislation.

Finally, the bill aims to close the legal gap relating to procedures to combat harassment. The Constitutional Court declared in a decree of December 12 2014 that restricting the scope of the special harassment committee's involvement to government employees, thereby excluding municipal employees, breached the constitutional principle of equality before the law. As a result, on March 19 2015 the Administrative Court ruled that the committee could no longer make valid decisions.

The bill therefore introduces a procedure that will apply to all public employees, including both government and municipal employees. Thus, any employee who is a victim of harassment will have access to the Psychosocial Division and the new procedure to be introduced. The bill also stipulates the abolition of the old harassment committee.

Endnotes

(1) The bill creating the Centre for Health, Safety and Quality of Life at Work in the Civil Service will:
•modify: ◦the modified law of April 16 1979 defining the general civil service regulations;
◦the modified law of March 19 1988 on safety in government administrations and services, public establishments and schools;
◦the modified law of December 9 2005 defining the terms and conditions for appointing certain civil servants in senior roles in government administrations and services; and
◦the modified law of March 25 2015 defining the salary system and terms and conditions for the promotion of civil servants; and

•repeal the modified law of December 19 2008 creating the Administration for Medical Services in the Public Sector.