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ARTICLE · 28 JULY 2023

The Right To Disconnect: Which Countries Have Legislated?

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Since 1 April 2023, Belgian employers in the private sector with 20 employees or more must include the right to disconnect in collective bargaining agreements or work rules.

BelgiumEmployment and HR
Ward Bouciqué (Claeys & Engels)
Ward Bouciqué (Claeys & Engels)
Ester Vets (Claeys & Engels)
Ester Vets (Claeys & Engels)

Since 1 April 2023, Belgian employers in the private sector with 20 employees or more must include the right to disconnect in collective bargaining agreements or work rules. The right to disconnect applies to all categories of employees. Our experts from 15 other countries have also commented on whether a right to disconnect has been introduced in their own jurisdictions.

Background

The right to disconnect was first introduced into Belgian law in 2018. Since then, employers in the private sector have had an obligation to organise consultations 'at regular intervals' within their health and safety committee regarding the right to disconnect and the use of digital means of communication. Despite this measure, only a few employers in Belgium had an internal policy or set of rules regarding the right to disconnect. According to the 2022 edition of Claeys & Engels's HR Beacon, this number was as low as 14%.

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