Minister of Work, Monica De Coninck wants to do something about the growing social problem of burnout.
According to her, employers pay too little attention to what seems to be becoming a true epidemic. After all, one in five Flemish employees is at increased risk of burnout. The solution? Better prevention. Stress, personal conflicts between colleagues, burnout and bad working atmosphere must be prevented. As of September 1, 2014, the Law for WellBeing at Work has therefore been adapted. Companies previously took measures to combat violence, harassment and sexual harassment in the workplace. Burnout becomes an important part of the medical prevention that is already in place in the workplace. From now on, people with symptoms of burnout can also consult the prevention advisor or the occupational physician. Indeed, it will become a mandatory part of the duties of the prevention advisor or occupational physician.
Task for companies
Companies should prevent the psychosocial risks by conducting risk assessments, sensitizing staff and setting up a reporting system. This allows an employee to raise concerns in a neutral way if the pressure becomes too much for him or her. Employers must also amend their
employment regulations by the end of February 2015 as well. Until now, a victim had no way to seek help from the employer except in the case of a substantiated complaint of harassment. Since here "a guilty party" must be designated, this often does not lead to a constructive solution. From now on, a much more neutral request for intervention can be made.
Task for employees
Report to confidential advisor, prevention advisor. The draft laws provide two possible procedures for psychosocial intervention. With a request for informal intervention, workers can consult the confidant or the prevention advisor, for which they will then receive a certificate. With a request for formal intervention, from now on they can only consult the prevention advisor, who will investigate the case and provide an opinion to the employer.
The confidential advisor and the prevention advisor may not be a member of management or a union representative. The time limit within which the advisor must deliver a report is clearly defined. In case of serious facts, he must already immediately propose urgent measures.
The text sets the margin for liquidated damages for the victim at three months of gross wages. This may be increased to six months in cases of discrimination, abuse of authority or very serious offenses. If an employee applies for intervention, consideration will be given to whether the problem affects other employees in the department.
My reservations about this
- It is a positive evolution that the concept of burnout is being taken out of the taboo and is becoming discussable.
- Burnout is a shared responsibility between employee and employer. It takes two to tango. The cause of burnout is work-related, but is often accompanied by multiple life events of the employee. I find it too one-sided to point fingers at the employer.
- Burnout has negative effects for both employee and employer. The employee experiences negative effects on his work and private life, such as health problems, effect on relationship/family, social contacts ... The employer experiences reduced productivity or absenteeism. Hence timely intervention is win-win for both employee and employer!
- Often burnout is reported when it is already too late. Recovery then takes much longer; too much time has been spent "in the red.
- People sometimes see it as a sign of "weakness" to have to express that they are no longer doing well. They are afraid of the consequences of disclosing this to the employer, and therefore prefer to remain silent. Or call in sick. Rest alone is usually not enough. Counseling is appropriate.