In Belgium, in its recent ruling of April 13, 2023, the Court of Cassation reminded that, under the articles L4121-1 and L4121-2 of the Labor Code, the absence of annual meetings to discuss the workload constitutes a breach of the safety obligation - weighing on the employer:

"Given article L4121-1 of the Labor Code, in its wording prior to the ordinance n° 2017-1389 of September 22, 2017.

"It results from this text that the employer, bound by a safety obligation towards employees, must take necessary measures to ensure the safety and protect the physical and mental health of workers. He does not disregard this legal obligation if he justifies having taken all the measures provided for by articles L4121-1 and L4121-2 of the Labor Code..."

Obligation to protect the physical and mental health of the employee.

In terms of preventing occupational risks and improving working conditions, the employer is subject to a safety obligation - an enhanced means obligation, which translates into measures for preventing and protecting the employee's health.

In this way, more than fundamental safeguards of anticipation, securing, and harmonizing working conditions, this aims, in particular, to prevent the occurrence of professional risks: "burnout", stress, or workload.

This obligation is detailed by nine general principles of prevention, established by article L4121-2 of the Labor Code: "The employer implements the measures provided for in article L4121-1 based on the following general principles of prevention:

1° Avoid risks;

3° Fight risks at the source;

4° Adapt work to the human, particularly concerning the design of workstations as well as the choice of work equipment and work methods and production, with a view, in particular, to limiting monotonous work and paced work and reducing their effects on health;

7° Plan prevention by integrating it, in a coherent whole, technique, work organization, working conditions, social relations, and the influence of environmental factors, including the risks related to moral harassment and sexual harassment, as defined in articles L1152-1 and L1153-1, as well as those related to sexist acts defined in article L1142-2-1.