Belgium
Legal framework
Belgian employers are bound by the well-being at work legislation (Act of 4 August 1996 on well-being at work 1996 and its implementing decrees), which imposes a proactive obligation to prevent psychosocial risks at work, including violence, moral or sexual harassment and other forms of inappropriate conduct. This is not a only a reactive obligation: employers must carry out a risk analysis covering psychosocial risk factors and take appropriate preventive measures, including in connection with informal or festive moments such as World Cup screenings.
Where remarks made in a sporting context touch on nationality, ethnic origin or other protected criteria, they may also fall within the scope of anti-discrimination legislation (Act of 10 May 2007 and equivalent decrees), in addition to the internal harassment/well-being framework.
The employer's duty of care under the well-being legislation requires it to:
- take reasonable measures to prevent psychosocial risks, including those linked to heightened emotions around sporting events;
- ensure that employees are aware of, and can rely on, the internal procedures available to them (informal and formal psychosocial intervention, access to the prevention advisor or the trusted person);
- respond promptly and appropriately where inappropriate behaviour is reported, and take corrective or disciplinary measures where warranted.
Failure to act on signals of inappropriate behaviour, or to provide adequate channels for reporting it, may expose the employer to liability and undermine its defence in the event of a subsequent psychosocial or discrimination claim.
Practical implications
Employers do not need to dampen the festive atmosphere to manage this risk. A few proactive steps strike the right balance:
- remind employees, ahead of major matches, of the applicable code of conduct and the boundaries of acceptable banter. Where needed, the code of conduct may be refreshed, with specific reference to harassment and discrimination; including in digital channels such as team group chats.
- make clear that jokes or comments based on nationality or origin, even if intended lightly, may constitute inappropriate behaviour;
- ensure the prevention advisor and/or trusted person are visible and accessible, and that employees know how to raise a concern;
- act swiftly and proportionately where an incident is reported, in line with the internal psychosocial risk procedure.
Netherlands
Legal framework
Under the Working Conditions Act (the Arbowet), employers must implement a policy to prevent and, where this is not possible, minimise factors that cause stress. These factors include aggression, discrimination and bullying (known as ‘psychosocial workload’). This requires a proactive approach: employers must not only respond to incidents, but also identify risks in advance and take appropriate measures. It is therefore important for employers to be aware of the dynamics in the workplace.
This is linked to the employer’s broader duty of care to ensure a safe and healthy working environment, which must also safeguard employees’ psychological and social well-being. If an employer fails to take sufficient measures or does not respond adequately to signs of inappropriate behaviour, resulting in harm to an employee, this may lead to employer liability (Article 7:658 of the Dutch Civil Code).
Practical implications
In practice, this means that employers would be well advised to pay particular attention to standards of conduct, especially around major events such as the World Cup. At the same time, this issue requires a careful balance. Employers should encourage a positive and unifying atmosphere surrounding sporting events. Such moments can actually contribute to engagement and team spirit. Making expectations clear in advance can help to prevent misunderstandings and escalation. This might include drawing attention (once again) to existing codes of conduct and providing clear guidelines on respectful communication.
Furthermore, it is important that employees know where to turn if they encounter inappropriate behaviour. Establishing a clear reporting structure and ensuring adequate follow-up on complaints of employees are key components of an effective policy. This might include a confidential advisor or a complaints procedure, but also taking effective action when incidents occur and preventing them from happening again.
In short: the World Cup can foster connection and energy in the workplace, but it also carries specific risks. By setting out clear guidelines in advance, raising awareness and intervening promptly where necessary, employers can prevent fanaticism from turning into inappropriate behaviour.
Luxemburg
Legal framework
The Luxembourg Labour Code defines sexual harassment and moral harassment in the workplace as follows:
- Sexual Harassment. Any behaviour of a sexual nature affecting the dignity of another person, where one of the following conditions is met: (i) the behaviour is unwanted, unwelcome, abusive, and/or offensive to the person to whom it is directed, (ii) the fact that a person refuses or accepts such behaviour is used as the basis for a decision affecting that person’s rights, and (iii) such behaviour creates an intimidating, hostile, degrading, humiliating or offenseive environment for the person subjected to it.
- Moral Harassment. Any conduct which, by its repetition, or its systematization, harms the dignity or the psychological or physical integrity of a person.
Victims of sexual and/or moral harassment cannot be subject to reprisals because of their protests or refusals to accept such behaviour, and the same protection is granted to employees who testified of such acts.
Practical implications
Employers and employees must obviously abstain from committing any act of sexual or moral harassment.
Under Luxembourg law, employers are responsible for three types of measures with respect to harassment in the workplace:
- they must take preventive measures against harassment (g. via awareness-raising and information measures or trainings);
- they must intervene by putting a stop to any occurrence of harassment behaviour and they must protect the victim (g. by investigating allegations of harassment in the workplace); and
- they may (in practice, they always do) sanction the perpetrator who committed sexual or moral harassment (in that case, employers exercise freely their disciplinary powers to provide for an adequate and proportionate sanction).
Any misconduct or harassment behaviour in the workplace due for instance to the opposition of employees supporting different teams in the World Cup are prohibited under Luxembourg law and may be (and in practice will be) sanctioned by the employer, e.g. by an oral or written warning and in some extreme cases potentially by a dismissal. In serious case, sexual or moral harassment, and other misconducts such as physical violence could justify dismissal of the employee with immediate effect.
