Recourse to the Supervision of Well-being at Work inspection service

The Supervision of Well-being at Work inspection service

The Supervision of Well-being at Work inspection service is the service responsible for ensuring compliance with all legislation on worker well-being.

There are eight regional departments throughout the country.

The main role of the inspection service is to provide information and the advice necessary for the application of the legal provisions. It can also issue warnings, notify the employer that they must settle the situation within a certain deadline if they observe a violation and call for certain more specific measures.

If the violation of the legislation persists despite the intervention, the inspection service can draw up a report stating this fact and send it to the labour inspectorate.

Recourse for the worker

Direct recourse before using the internal procedure

The worker can directly contact the Supervision of Well-being at Work inspection service in the following cases:

there is no Prevention Advisor for psychosocial aspects in the company.
the worker has tried to find the contact details of the Prevention Advisor for psychosocial aspects (for example in the work regulations) but has not succeeded.
the internal procedures either do not exist are not compliant with the legislation.

This is the case, for example, if the employer forces the worker to take leave to visit the Prevention Advisor for psychosocial aspects or if the employer themselves is the Prevention Advisor for psychosocial aspects.

In these cases, the Supervision of Well-being at Work inspection service can:

obligate the employer to appoint a Prevention Advisor for psychosocial aspects within a certain deadline;
help the worker to find the contact details of the Prevention Advisor for psychosocial aspects (via their database or an investigation);
obligate the employer to provide the correct procedures.

The investigation may be anonymous, which means that neither the complaint nor the identity of the worker will be reported to the employer.

If the request concerns acts of violence or moral or sexual harassment at work, the worker enjoys protection against reprisals if they submit a complaint to the inspection service due to the lack of Prevention Advisor for psychosocial aspects or the lack of a legal internal procedure. The inspection service then informs the employer about protection against reprisals.

It is therefore not appropriate to contact the inspection service directly if:

a Prevention Advisor for psychosocial aspects has been appointed;
the worker knows this Prevention Advisor;
the internal procedure is legal.

The Supervision of Well-being at Work inspection service does not examine the situation, but refers the worker directly to the internal procedure. Moreover, a worker who considers that they are a victim of violence or moral or sexual harassment at work will not be protected against reprisals if they complain directly to the inspection service and are in one of these situations (see: Protection against reprisals).

In these cases, the worker is recommended to contact the Prevention Advisor for psychosocial aspects or the confidential counsellor in the company.

In very serious cases where there is a real threat to the health and safety of the worker, the inspection service can, as an exception, insist that the employer take measures before the involvement of the Prevention Advisor.

Recourse before using the internal procedure

The worker can submit a complaint to the Supervision of Well-being at Work inspection service if they believe that their formal request for psychosocial intervention:

has not succeeded in ending the problem situation, or
has not been handled in accordance with the legislation.

In these cases, the inspection service checks whether the employer has applied the internal procedure correctly and whether they have taken the appropriate measures. The service can impose measures that take account of those measures proposed in the advice of the Prevention Advisor for psychosocial aspects.

In this situation, the worker must officially authorise the inspection service to send their identity to the employer.

If the formal request concerns acts of violence or moral or sexual harassment at work, the worker enjoys protection against reprisals if they submit a complaint to the inspection service for one of these reasons.

Recourse of the Prevention Advisor for psychosocial aspects

In the event of a formal request for psychosocial intervention due to acts of violence or moral or sexual harassment at work, the Prevention Advisor for psychosocial aspects must contact the inspection service themselves without requesting the agreement of the worker in two situations:

if, before submitting their advice, they note that the employer has not taken the necessary precautionary measures or that these measures were not appropriate;
if, after submitting their advice, they note that the employer has not taken any measures or has not taken the appropriate measures, and that:

a) there is a serious and immediate danger to the worker;

the serious and immediate danger consists of the fact that the Counsellor is almost certain that the worker will experience serious harm to their health (in this instance, depression, etc.) and that this harm will occur immediately if no measures are taken. The initial signs are already present in the worker.

For example, the worker is already showing signs of depression or burn-out and is on sick leave and the employer has not taken any measures. Rapid intervention is then necessary to avoid the worker sinking into a depression when they return to work after their sick leave and the poor working conditions are still in place.

b) the person being challenged is the employer;

c) The person under suspicion is part of management;

The fact that the illegal behaviour comes from the employer or a member of management is a particularly delicate situation. The effectiveness of the intervention by the Prevention Advisor for psychosocial aspects will depend on the goodwill of the employer. However, there is a risk that the employer will not implement the measures proposed by the Prevention Advisor for psychosocial aspects in these situations. In this case, the Prevention Advisor for psychosocial aspects must contact the inspection service, which can make the proposed measures binding.

This obligation of the Prevention Advisor for psychosocial aspects does not exclude the worker themselves contacting the inspection service in these events (and thus enjoying protection).