Is there a right to disconnect in the private sector?

Since 1 February 2022, workers employed by the federal government have a right to disconnect, in application of a Royal Decree adopted on 2 December 2021.

This right to disconnect implies that a staff member of the federal government - whether contractual or statutory - cannot be contacted outside normal working hours except:

For exceptional and unforeseen reasons requiring action that cannot wait until the next working period or if they are on call.

In addition, this Royal Decree provides that employees of the federal government shall not be adversely affected by not replying to or reading work-related messages outside of normal working hours.

It should be noted that the expression "normal working hours" is defined as any period during which the employee is at the employer’s disposal. This, in principle, excludes rest periods.

Thus, the right to disconnect in the public sector is twofold: on the one hand, the duty of the employer to refrain from contacting employees outside normal working hours and, on the other hand, the prohibition of reprisals on the employee who would not react to a professional message or call outside normal working hours.

But what about the private sector employees?

At the moment, unlike other European countries such as France or Portugal, there is no formal right to disconnect in the private sector in Belgium.

However, since 2018, Belgium has had legislation that calls on employers to ensure that new means of communication do not undermine respect for rest periods, holidays, and the work-life balance of workers.

In fact, Articles 15 to 17 of the Act of 26 March 2018 on the reinforcement of economic growth and social cohesion stipulate that the employer must consult with the Committee for Prevention and Protection at Work (CPPW) about disconnection and the use of digital means of communication, at regular intervals and whenever the workers' representatives within the CPPW so request. In the absence of a CPPW, the consultation will take place with the trade union delegation and, in the absence of such a trade union delegation, with the employees concerned.

Thus, as far as the private sector is concerned, current Belgian legislation "merely" invites the employer to engage in some form of consultation on disconnection, without any obligation to actually introduce it.

With that being said, the Belgian government has recently announced a package of measures meant to reform the labour market. Among those measures, the government announced its intention to introduce a formal right to disconnect to the benefit of private sector employees. According to the government’s declarations, private sector employees would then benefit from a right to disconnect, to be formalised and modulated at the sector or company level by the conclusion of a collective bargaining agreement.

Further developments on the subject are therefore expected in the near future.