With the increasing regulatory complexity surrounding workplace investigations, many companies expanding to or operating within Belgium may find the local legal landscape challenging. While external workplace investigations are permitted in Belgium, specific laws govern their conduct, emphasizing transparency, privacy, and due process.
What Constitutes a Workplace Investigation in Belgium?
A workplace investigation in Belgium typically involves the collection of information related to employee misconduct, fraud, or compliance breaches within a company. New legislation for private investigations, expected to be enacted by late 2024, will require certain workplace investigations, including those conducted by internal departments like HR or fraud and audit teams, to follow structured processes that protect employee rights. This new law mandates a licensing requirement for internal investigation services, aligning them with the transparency and quality standards of external private investigators. Companies will have two years after the law’s enactment to comply.
These rules align with European Union (EU) standards on data privacy, particularly under the GDPR, but add a layer of local specificity, emphasizing that investigations must be justifiable and proportionate to their purpose.
Key Legal Considerations for Workplace Investigations
Companies must adhere to several important legal requirements to ensure their investigations remain valid and admissible in Belgium. Here are some essential factors:
Licensing Requirements
Certain internal investigation functions within companies—such as fraud departments or internal audit teams—will require a license, similar to that of external private investigators. This step ensures that investigative activities meet Belgian standards for transparency, quality, and fairness.
Privacy Protections
Belgian law places strong emphasis on protecting personal data. Companies must collect only the information strictly necessary for the investigation, secure this data, and restrict access to it. Employees should be informed about the type of data collected and the purpose of the investigation, unless disclosure would compromise the investigation’s effectiveness. These privacy rules align with GDPR requirements and mandate that data be processed lawfully and securely.
Judicial Review of Investigation Results
The results of internal investigations will be subject to legal scrutiny, with findings from unlawful investigative actions potentially deemed invalid in court proceedings. This highlights the need for careful adherence to legal standards throughout the investigation to ensure findings remain admissible.
Transparency and Employee Rights
Employees in Belgium have a legal right to be informed about investigations related to them, particularly if disciplinary actions might follow. Additionally, employees can seek legal counsel or trade union assistance during the investigation process, reinforcing the importance of procedural fairness in Belgium.
Do HR Investigations Lead to Termination?
Termination can indeed be an outcome of workplace investigations in Belgium, but only when specific conditions are met. Belgian employment law is stringent regarding employee rights, making abrupt dismissals complex and often costly. Before terminating an employee, companies must ensure that the investigation is both lawful and thorough, documenting all findings clearly. Dismissals based on poorly conducted investigations risk being overturned in court, leading to potential reputational and financial consequences for the employer.
Essential Compliance Rules for Companies Conducting Internal Investigations
To maintain compliance, companies conducting workplace investigations in Belgium should consider the following:
Create an Investigation Policy
Implementing a formal policy detailing investigation procedures and compliance with privacy laws could be useful. This policy should be communicated to all employees and regularly updated to reflect new regulations.
Document and Record Investigative Processes
Belgian law emphasizes thorough documentation of investigations, including the start date, parties involved, and any evidence collected. Keeping meticulous records not only ensures compliance but also provides a defensible position should the case reach the courts.
Assess External Support Options
Given the complexity of workplace investigation regulations in Belgium, engaging external experts may be beneficial to navigate the nuances of Belgian law. With our expertise, HR Legal can guide companies through every step of workplace investigations, offering tailored support to ensure compliance with Belgian employment, privacy, and investigative laws. We run workplace investigations on behalf of the company from start to finish and ensure that all procedures align with local legal standards.
