Religious practices in the workplace
- Religious and philosophical convictions
Many religions or philosophies have their own rules regarding prayer, clothing, food, holidays or rest days... These religious practices are protected by the freedom of religion. Some practices also need to be performed during the day. Employees will therefore sometimes request accommodations in the workplace. How should you deal with that? We have drawn up an overview of key questions.
As an employer, are you obliged to provide accommodation for religious practices?
According to anti-discrimination legislation, as an employer you do not have to provide an exception or accommodation because of someone's religion.
Example: if an employer sets up a prayer room for employees, this is the employer’s free choice, not an obligation.
How do you address questions about religious practices in your company or organisation?
Suppose that, as a manager, you are asked a question about setting up a prayer room or another religious practice. Then follow these 10 steps:
- Make sure you have a clear view of your employees’ requests.
- Set up a consultation group with representatives of all the parties involved: works council, employer and employee delegations, etc.
- Work out a time schedule and negotiation procedure. Be sure to organise focus groups so that you have an overview of all arguments.
- Determine what is non-negotiable in this situation in terms of values and work organisation. For example, with regards to hygiene or safety.
- Define what is negotiable.
- Determine what the benefits could be if you accommodate the request.
- Also identify the problems that could arise in that case.
- Determine the possible solutions: for example, if you provide a prayer room, consideration must be given to which room, which furnishings, etc.
- List what consequences the solutions may have for the people with whom the space is shared, the head of department or colleagues.
- Record how the solution will be implemented: adjustment of work regulations, communication, etc.
Can you forbid employees to pray during breaks?
If a company forbids employees to pray during breaks, this can be considered indirect discrimination on the basis of religion and constitutes a restriction of their freedom of religion. Even though the ban is formulated in general terms and does not target a specific religion, it still puts employees who want to pray during breaks at a disadvantage because of their religion.
An organisation may only make such an indirect distinction if such a prohibition is necessary and appropriate in order to achieve a legitimate objective:
Open 1. Does the ban serve a legitimate purpose?
A legitimate purpose is a justified reason for banning a practice such as prayer in the workplace. Safety, hygiene, the neutral image of the company, etc. are examples of legitimate purpose if they meet a real need of the company. An employer may not introduce a ban at the request of customers or colleagues. The legitimate purpose may not be related to discriminatory motives. Employers cannot justify a ban by saying that they want to respond to (possible) negative reactions from customers or other colleagues. That can never be a legitimate goal.
Open Are the means to achieve the goal appropriate?
The ban must actually help to achieve the goal in an appropriate manner. A measure is not appropriate if it only helps to a limited extent towards achieving the goal compared to other measures. For example, if the employer invokes safety concerns to ban praying in the workplace, the employer must be able to demonstrate that the ban guarantees the safety of employees.
Open 3. Are the means to achieve the goal necessary and proportionate?
A measure is only proportionate and necessary in a democratic society if there is no alternative measure possible that can equally achieve the goal and that affects a fundamental right less extensively and severely.
As an employer, you must therefore demonstrate that there are no alternative ways available to, for example, guarantee the safety of employees. For instance, are there areas in the company that are safe? Can employees use their own desk? Or is it possible to pray somewhere else?
Are employees entitled to leave for a religious or philosophical holiday?
Employees are not entitled to an extra day of leave for a religious or philosophical holiday that is not one of the 10 official Belgian holidays. Of these, 6 are related to Catholic rituals:
- Easter Monday
- Ascension Day
- Assumption Day
- Pentecost Monday
- All Saints Day
- Christmas
Although there have already been (political) initiatives to introduce 'secular' public holidays or a system of freely chosen holidays, these proposals have never been accepted.
Can an employee request personal leave for religious reasons?
The rules applicable to compassionate leave (or "short-time working") on religious grounds differ depending on whether it is in the private or public sector:
For personal leave (or 'brief leave due to circumstances') for religious reasons, different rules apply for the private and public sectors:
Personal leave for religious reasons in the private sector
The events in Belgium that grant the right to personal leave are set out in a Royal Decree of 1963. These national regulations are, however, supplementary. This means that private employers can determine for themselves which events qualify for personal leave or 'brief leave due to circumstances', and how much time the absence may take. Sectors can record this in a Collective Labour Agreement (CLA), employers in their employment regulations or the individual employment contract.
Personal leave for religious reasons in the public sector
The rules differ according to the level of government:
- Federal government, Walloon Region, French Community and Flemish municipalities and provinces: the right to personal leave for events linked to Catholic rituals has been extended to other 'recognised' religions. For example, the personnel statutes state that civil servants may take 1 day of personal leave for:
- confirmation or secular coming-of-age celebration of a child (or equivalent) of the civil servant, but also participation in a ceremony within a recognised worship service that corresponds to the Roman Catholic confirmation (for example a circumcision celebration)
- ordination to the priesthood or entry into a monastery of a family member, but also a corresponding ceremony within another recognised worship service
- Flemish government or Brussels Region: the personal leave was not extended to other 'recognised' religions.
Legal advice on situations in the workplace
On our online learning platform eDiv (only available in French or Dutch) we provide legal advice on certain situations:
- Legal holidays : you oversee a department with more than 40% employees of the same faith. They all request a day of leave for the same day that is not a statutory holiday. What now?
- Space to pray : several Muslim employees ask you for a room for their daily prayers during breaks. Can you refuse the request of these employees?
- Flexible schedules : you are an HR manager and receive requests regarding a change in schedule due to religious practices. How do you deal with that?
- Fasting and safety : drivers have told you that they are worried because several colleagues are fasting (Ramadan, Yom Kippur). They don't think it's safe. How do you handle that situation?
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- Religious and philosophical convictions