Labor impact of technological devices in Belgium
| Autor | Pieter Pecinovsky |
| Cargo | Researcher at the Institute for Labour Law, KU Leuven |
| Páginas | 6-18 |
IUSLabor 2/2018 Pieter Pecinovsky
6
LABOR IMPACT OF TECHNOLOGICAL DEVICES IN BELGIUM
Dr. Pieter Pecinovsky
Researcher at the Institute for Labour Law, KU Leuven
Introduction
In principle, Belgian labour law sees the regulation of the use of electronic devices by
employees as a prerogative of the employer. Yet, usually a code of conduct and
disciplinary sanctions connected to the abuse of the devices will be laid down in the
work regulations. However, the most important exception to the prerogative of the
employer is however when the use of these devices has a possible impact on the privacy
of the employees. In this case the employer needs to take into account (next to the
fundamental right to privacy) several privacy regulations in the Belgian legislation (as
well as the relevant EU legislation) and in national collective agreements of the social
partners. The monitoring of employees will only be allowed if the monitoring system
meets certain conditions of legitimate aims (purpose), proportionality and information
(and consultation) obligations. However, there is a continuing discussion on the use of
‘illegally’ obtained data or recordings in judiciary cases regarding to labour law (can the
judge take the illegal evidence in consideration or not?). Lastly a recent Act of 26
March 2018 has promoted employers and worker representatives to start a discussion on
the disconnection of work (and electronic devices) of employees in their free time and
to set up a company policy about it.
1. Is there any regulation in your country regarding employees’ use of
technological devices in the company?
There is no specific regulation in Belgium on the employee’s use of the technological
devices in the company (to render services). Employers are free to restrict the use of the
devices, they can i.a. do this in the individual labour contracts or in the work
regulations. The regulation of the access and use of electronic devices is the prerogative
of the employer (as made clear in article 1, §2 of Collective agreement n° 81 - see
further). If the employees can make use of the devices for private matters or in their free
time the use of the devices will be seen as part of their (wage) benefits. The Belgian
labour law only interferes in the aspect of control by the employer on the use of the
electronic devices by the employees as this interferes with the right to privacy of the
employees. The most important regulation with regard to privacy is the Act of 8
December 1992 on the protection of privacy with regard to the processing of personal
data (adapted to comply with EU Directive 95/46/EG and the GDPR), which in the
context of labour law has been specified by national Collective agreement n° 81 of 26
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