BELGIUM Law and Practice Contributed by: Chris Engels and Julie Devos, Claeys & Engels
accessing important information. Belgium does not provide systematic access to judgments in many courts, which makes it difficult to conduct a comprehensive analysis of relevant case law. That said, there is a growing body of case law from Belgian labour courts concerning equal treatment and non-discrimination. These cases are becoming increasingly strict for employ - ers. Once a claimant – whether a job applicant, employee, or former employee – establishes a presumption of discrimination, the burden of proof shifts to the employer, who must demon - strate that no discrimination occurred. This evolving jurisprudence reflects a broad - er trend toward strengthening accountability mechanisms for companies, particularly in the area of employment and workplace rights. 4.3 Grievance Mechanisms State-Based Grievance Mechanisms Belgium offers several state-based grievance mechanisms – both judicial and non-judicial – through which individuals or organisations can raise business-related human rights concerns. Federal Institute for Human Rights Belgium has several state-based non-judicial mechanisms, the first of which is the Federal Institute for Human Rights (FIRM/IFDH). In 2019, the Federal Institute for the Protection and Pro - motion of Human Rights was established. Ini - tially, the FIRM/IFDH focuses on advising the federal authorities on human rights issues, monitoring compliance with international human rights obligations, promoting the ratification of new international human rights instruments and raising public awareness on human rights issues. It can refer cases to the Council of State and the Belgian Constitutional Court for judicial review when they violate fundamental rights but
only within the limits of its residual federal com - petencies. For the time being, the FIRM/IFDH does not have the authority to deal with indi- vidual complaints. National Contact Point One of Belgium’s most prominent state-based grievance mechanisms is the National Contact Point (NCP), which is responsible for implement - ing the OECD Guidelines for Multinational Enter - prises. The NCP is part of the Federal Public Ser - vice Economy and has a tripartite composition with the participation of employer and employee representatives, as well as representatives from federal and regional governments. The NCP acts as a mediator and a forum for resolving complaints against companies that allegedly fail to adhere to the OECD Guide - lines in their operations, both domestically and abroad. The NCP can receive complaints from individuals, organisations, or communities who claim that a Belgian company has violated the Guidelines, particularly in relation to human rights abuses. The NCP offers a platform for non-judicial dispute resolution, typically using mediation or conciliation. This mechanism aims to encourage companies to address issues related to human rights, environmental harm, and labour practices. The NCP’s mandate covers a broad range of corporate practices, including violations related to forced labour, child labour, environmental degradation, discrimination, and other human rights abuses in (global) supply chains. It can deal with complaints about Belgian-based com - panies or companies with significant operations in Belgium. The NCP cannot impose legal sanctions or pen - alties but can encourage companies to engage
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