What changed

A. whereas work-related psychosocial risks and resulting impacts are multifactorial and arise primarily from exposure to risk factors related to the organisation, design and management of work, as well as from the social and relational context of work,work; whereas workers are often exposed simultaneously to multiple and workinginteracting conditions;risk factors, and whereas such cumulative and combined exposure can amplify the negative impact of work-related psychosocial risks;

B. whereas exposure to psychosocial risk factors such as excessive workload, unreasonable work pace, workforce shortages, lack of autonomy, job insecurity, poor management practices, dysfunctional performance and merit-based evaluation systems significantly increase work-related psychosocial risks;

B. whereas the organisation, financing and delivery of health services and medical care, including mental health services, is the responsibility of the Member States; whereas Union action in the field of occupational safety and health, should respect national competences;

C. whereas exposure to psychosocial risk factors has serious negative effects on workers’ mental and physical health, including work-related stress, burnout, anxiety disorders, depression, cardiovascular diseases, musculoskeletal disorders and long-term work incapacity;

C. whereas a distinction must be made between work-related psychosocial risks and mental health, with organisations such as the ILO and WHO outlining that for poor health results mental health is the “outcome” and work-related psychosocial risks are the “cause”;

D. whereas Eurofound’s European Working Conditions Survey shows that exposure to high work intensity rose from 27 % in 2015 to 40 % in 2021 with one in three employees working at high work intensity, to tight deadlines or during their free time;

D. whereas, according to the ILO report on “The psychosocial working environment: Global developments and pathways for actions”, more than 840,000 people die every year from health conditions linked to psychosocial risks; whereas exposure to psychosocial risk factors such as excessive workload, unreasonable work pace and unachievable objectives, workforce shortages including unsafe staffing levels, psychological and sexual harassment, lack of autonomy or influence, lack of role clarity and ineffective communication, blurring of work and life through expectations of constant connection, job insecurity, poor management and collegial practices, dysfunctional performance and merit-based evaluation systems, workplace bullying, including the devaluating of personal dignity and the undermining of professional identity, mobbing, significantly increase work-related psychosocial risks and should be prevented and managed effectively to ensure good working conditions, a healthy working environment and support productivity;

E. whereas work-related psychosocial risks generate substantial social and economic costs, including absenteeism, labour market exit and reduced productivity across the Union, accounting for approximately 60% of lost working days in the EU, thereby contributing to labour shortages and increased work intensity for workers in organisations impacted by such shortages; whereas addressing work-related psychosocial risks, stress and mental health at work is beneficial for both workers and employers;

E. whereas quality managerial practices and support, and positive workplace relationships contribute significantly to mental well-being at work and can act as protective factors against psychosocial risks;

F. whereas adverse social behaviour, including verbal abuse, threats, unwanted sexual attention, bullying, violence and harassment, has a particularly severe and long-lasting impact on workers’ physical and mental health, while disproportionately affecting workers in health, public administration and client-facing occupations; whereas violence, including third-party violence from clients, patients, care recipients or service users, should be explicitly recognised and addressed;

F. whereas exposure to psychosocial risk factors at work has serious negative effects on workers’ mental and physical health, including work-related stress, burnout, anxiety disorders, depression, cardiovascular diseases, relational disruptions impacting the working environment, the consumption of anxiolytics or alcohol, smoking, musculoskeletal disorders and long-term work incapacity, potentially resulting in the loss of employment or resignation or in extreme cases increased risk of suicide; whereas conversely a good psychosocial workplace environment enhances good performance for both workers and businesses as well as workers’ personal development and mental and physical wellbeing;

G. whereas the current EU occupational safety and health (OSH) framework, in particular Directive 89/391/EEC, does not provide sufficiently specific binding rules stating the responsibility of the employer to address all risks;

G. whereas psychosocial risk factors at work can have a negative effect on disability and chronic health conditions such as diabetes, epilepsy, autoimmune diseases or rheumatic and musculoskeletal diseases (RMDs); whereas these conditions require appropriate support measures at work;

H. whereas there is considerable variation in the prevalence of work-related psychosocial risks and in how they have been addressed in national legislation and wider policies, including those implementing the European social partners’ agreements on work-related stress and on harassment and violence; whereas such variation reflects differences in labour market structures, regulatory frameworks and implementation practices, thereby leading to unequal levels of protection across the Union;

H. whereas the Eurofound’s European Working Conditions Survey 2024 underlines that most of the EU workforce reports good or very good health, and this share has been slowly increasing over the years: 77 % in 2010, 78 % in 2015 and 80 % in 2024; whereas Eurofound’s European Working Conditions Survey 2023 shows that exposure to high work intensity rose from 27 % in 2015 to 40 % in 2021 with one in three employees working at high work intensity, to tight deadlines or during their free time and remains one of the most significant drivers of psychosocial risks, requiring targeted organisational measures to manage workload and staffing levels; whereas the effects of this are particularly stark in the case of continuous shift work, night work and systematic staff shortages;

I. whereas climate-related psychosocial risks, including exposure to extreme weather events and conditions and their outcomes, such as heat stress, eco-anxiety, and work-related stress linked to environmental transitions, are significant determinants of workers’ health and safety; whereas the integration of these risks in EU law would modernise it and ensure its continued relevance to the evolving world of work;

I. whereas the WHO defines a healthy workplace as an environment where workers and managers collaborate to promote the health, safety and well-being of all workers and the sustainability of the workplace; whereas to improve the health of workers, consideration should be given not only to the (i) physical work environment, but also (ii) the organisation of work and workplace culture, (iii) the personal health resources in the workplace, and (iv) corporate social responsibility and ways of community involvement;

J. whereas EU-OSHA highlights the importance of participatory risk assessment processes and the effective involvement of workers and their representatives in preventing work-related psychosocial risks;

J. whereas factors related to gender, age and occupation can play a role in workplace dynamics and in different sectors; whereas reportedly all workers identify a safe working environment for physical and mental health as the most important aspect; whereas the social environment index has decreased for women with simultaneous deterioration of the work intensity index, while the latter has improved for men leading to an overall situation where the proportion of men in good health is higher than that of women;

K. whereas 29 % of workers report being not very well informed or not at all informed about the prevention of work-related stress at their workplace indicating a significant knowledge and communication gap on psychosocial risk prevention;

K. whereas work-related psychosocial risks generate substantial social and economic costs, including absenteeism, labour market exit, increased rates of early retirement as well as sickness absence, reduced productivity and competitiveness across the Union, costing over one hundred billion euro annually, increasing pressure on healthcare systems and public health expenditure and accounting for approximately 60% of lost working days in the Union, thereby contributing to labour shortages and increased work intensity for workers in organisations impacted by such shortages; whereas addressing work-related psychosocial risks, stress and mental health at work is beneficial for both workers and employers, contributing to productivity, innovation and the competitiveness of European businesses and small and medium enterprises (SMEs) ultimately benefiting and the wider economy and society;

L. whereas the increasing use of digital technologies, algorithmic management and artificial intelligence contributes to technostress, cognitive overload, work intensification, social isolation and loss of autonomy, and often results in workers being required to adapt to machines rather than technology being adapted to workers;

L. whereas work-related psychosocial risks intensify the burden on healthcare systems and public health expenditures and have a bearing on the financial viability of organisations in both the public and private sector; whereas investing in prevention, early intervention and accessible counselling services reduces pressure on healthcare and social protection systems and constitutes therefore an essential component of preventive public health policy;

M. whereas telework and flexible working arrangements, while providing autonomy and flexibility, have also been associated with increased work intensity, work–life interference, extended availability and the emergence of an “always-on” work culture, which can negatively affect mental health if not properly regulated;

M. whereas adverse social behaviour, including verbal abuse, devaluation of personal dignity and undermining of professional identity, threats, bullying, psychological and sexual violence and harassment or abusive conduct by employers, colleagues, supervisors, managers or persons in positions of authority, has a particularly severe and long-lasting impact on workers’ physical and mental health; whereas such behaviour should be addressed, also within the framework of social dialogue, focusing on sectors where these risks are most prevalent; whereas women are more exposed to workplace violence and harassment; whereas the whole spectrum of harassment and violence, including third-party and cyber violence from clients, patients, care recipients or service users, should be explicitly recognised and proactively addressed, with a gender-sensitive approach;

N. whereas women, young and older workers, workers in precarious or non-standard forms of employment, managerial staff, migrant workers and ethnic minorities, workers living with a chronic condition, and workers subject to intense performance monitoring and merit-based reward systems are disproportionately exposed to work-related psychosocial risks; whereas this is not due to individual vulnerability but a result of structural inequalities, power imbalances and discriminatory practices in the organisation of work, including sexism, ageism, racism, ableism, class-based discrimination and discrimination based on sexual orientation, gender identity or expression; whereas these intersecting forms of discrimination constitute psychosocial risk factors in themselves;

N. whereas workers in service sectors, which are often female dominated, such as health and social care, education, public administration, and sectors with client-facing occupations such as passenger transport are particularly exposed to acute and high psychosocial risks due to high work intensity, workforce shortages, challenging working conditions and exposure to third-party violence; whereas aggressive behaviour towards health, social care and emergency service workers is particularly acute; whereas military personnel, workers moderating online content, farmers and agricultural workers and workers in slaughterhouses and meatpacking also face high levels of work-related stress and psychosocial risks linked to the nature and intensity of their work; whereas these sector-specific risks require tailored preventive and supportive measures, including ensuring safe staffing levels, adequate resourcing, supportive management practices with adequate supervision, access to mental health services, and decent working conditions, which are essential to protect both the physical and mental health of workers in these sectors;

O. whereas migrant workers are disproportionately exposed to psychosocial risks at work due to various factors such as precarious employment, unsafe working conditions, unequal treatment and barriers to accessing rights and reporting abuse; whereas workers in an irregular situation are particularly vulnerable to labour exploitation, abusive practices and fear of retaliation or deportation when seeking to assert their rights; whereas these risks are especially acute in sectors such as domestic work, where migrant women are overrepresented;

O. whereas according to the WHO/Europe MeND survey, 1 in 3 doctors and nurses report symptoms of depression, 1 in 10 experience passive suicidal thoughts, 1 in 3 doctors and nurses experience bullying or threats of violence at work, and 10% report having experienced physical violence or sexual harassment; whereas, addressing these issues, is also a prerequisite for guaranteeing patient safety as well as the quality and continuity of patient care, and to ensuring the quality of public services as well as well-being of such workers;

P. whereas difficulties in the legal recognition of work-related psychosocial diseases resulting from exposure to work-related psychosocial risks and the burden of proof placed on workers constitute major obstacles to effective prevention, enforcement and access to justice;

P. whereas people with lived experience of mental health conditions and psychosocial disabilities face additional stigma, discrimination and barriers in employment, which can exacerbate psychosocial risks;

Q. whereas workers who report wrongdoing, occupational safety and health violations or work-related psychosocial risks, as well as direct and indirect witnesses, are particularly exposed to retaliation, isolation, intimidation and career penalties;

Q. whereas the increasing use of digital technologies, algorithmic management and artificial intelligence, while also offering opportunities to improve work organisation and flexibility when properly implemented, can contribute to work intensification, undue surveillance, social isolation and loss of autonomy, and often results in workers being required to adapt to technology rather than the other way around when it is not deployed and managed in a human-centric way with workers involvement and training;

R. whereas secondary prevention plays a key role in protecting workers’ health by enabling the early detection of work-related health impairments, in particular those linked to psychosocial risks, and by ensuring timely intervention to prevent their aggravation; whereas it includes, inter alia, appropriate monitoring, alert and support mechanisms, including access to occupational health services and relevant support measures; whereas a structured approach to secondary prevention contributes to reducing the duration of absences, facilitating a sustainable return to work and preventing recurrence, thus complementing primary prevention measures;

R. whereas around two-thirds of managers that use algorithmic management tools have concerns regarding trustworthiness of their current use; whereas managers most often flag unclear accountability (28%), lack of explainability (27%), as well as inadequate protection of employees’ physical and mental health (27%);

S. whereas work-related psychosocial risks are the responsibility of the employer and must be addressed primarily through collective and organisational prevention measures rather than through individualised coping strategies;

S. whereas mental fatigue from excessive use or oversight of AI tools beyond one’s cognitive capacity, a phenomenon, sometimes described as “digital” or “AI-related brain fatigue” or “brainfry”, may lead to reduced concentration, impaired decision-making, decreased productivity, and increased psychosocial stress, particularly in high-responsibility environments; whereas the ever greater use of digital tools for work purposes can have detrimental effect on workers’ fundamental rights and fair working conditions, the limitation of working time and work-life balance, physical and mental health and safety at work and well-being, as well as on gender equality, because of its disproportionate impact on workers with caring responsibilities, the majority of whom are women; whereas the digital transition should be guided by respect for human rights and for the fundamental rights and values of the Union, and should have a positive impact on workers and working conditions;

1. Stresses the urgent need to strengthen the EU legislative framework on the prevention, identification and management of work-related psychosocial risks and to ensure a high level of protection of workers’ health and safety;

T. whereas the current EU occupational safety and health (OSH) framework, notably Directive 89/391/EEC, in order to ensure legal certainty, should sufficiently provide for specific rules and guidance addressing developments in the world of work over the last thirty years and their psychosocial risks and impacts; whereas there is also a need to strengthen the implementation and enforcement of the existing EU legislative framework, ensuring that current standards are applied effectively across all Member States, in order to ensure a level playing field and consistent protection with full respect of different national labour market models and enforcement systems, while enabling tailor-made solutions for different industrial traditions and systems of Member States; whereas recent Union legislation, including Directive (EU) 2024/2831 on improving working conditions in platform work, has to some extent addressed emerging risks related to work organisation, digitalisation and algorithmic management in the platform sector, while taking into account the diversity of national labour market systems and the role of social partners;

2. Calls on the Commission and the Member States to explicitly recognise that work-related psychosocial risks give rise to occupational diseases, including mental health disorders, as well as to work-related accidents, and to adapt national systems for the recognition, prevention and compensation of occupational diseases and accidents at work accordingly; calls on the Commission to review and, where necessary, amend Commission Recommendation (EU) 2022/2337 of 28 November 2022 concerning the European schedule of occupational diseases accordingly;

U. whereas the European Parliament has recognized the adverse OSH risks of algorithmic management (2025/2080(INL)); whereas the current EU OSH framework for addressing the specific OSH challenges posed by algorithmic management and AI systems at work should be reviewed and adapted to protect workers; whereas the rapid changes brought about by the adoption of algorithmic management systems, digital surveillance and AI at the workplace and the nature of these technologies to adapt and bring about OSH risks are difficult to predict in the design phase, and require that workers are able to report OSH-related risks through effective communication channels, and that they are informed, consulted and involved in the use of the technologies introduced at the workplace;

3. Calls for the introduction of mechanisms for the reversal or alleviation of the burden of proof where a worker is affected by an adverse health impairment due to exposure to work-related psychosocial risks;

V. whereas there is considerable variation in the prevalence of work-related psychosocial risks and in how they have been addressed in national legislation and wider policies, including those implementing the European social partners’ agreements on work-related stress and on harassment and violence; whereas such variation reflects differences in labour market structures, regulatory frameworks and implementation practices, thereby leading to unequal levels of protection and discrepancies across the Union particularly in sectors and occupations experiencing changing workplace organisation and conditions; whereas sharing of best practices between Member States is necessary to promote convergence towards high standards; whereas the social partners have a key role to play in preventing and addressing psychosocial risks, particularly at sectoral and company level, to ensure solutions are adapted to their specific context and needs;

4. Calls on the Member States to ensure that psychosocial risk assessments are mandatory, systematic, participatory and properly documented in all workplaces, and undertaken with the effective involvement of workers and their representatives; calls for the systematic integration of a gender-sensitive and intersectional perspective in such assessments, taking into account discrimination and structural inequalities;

W. whereas climate-related psychosocial risks, including exposure to extreme weather events and conditions and their outcomes, such as heat stress, eco-anxiety, increased fatigue, reduced concentration, interpersonal conflicts, and higher prevalence of anxiety and depression and work-related stress linked to environmental transitions are significant determinants of workers’ health and safety; whereas those risks disproportionately affect vulnerable workers and sectors; whereas some Member States have already taken appropriate temporary targeted measures to address those risks; whereas addressing and integrating these risks in Union law and through social dialogue would contribute to ensuring that EU OSH frameworks remain effective and responsive to new and emerging risks in the world of work;

5. Recalls the obligation to inform and consult workers and their representatives at all stages of psychosocial risk assessment, prevention and elimination, in accordance with EU labour law and social dialogue principles, ensuring the participation of workers and their representatives in the conception and implementation of measures and continuous monitoring of risks, through establishing dedicated bodies in workplaces where they do not exist and strengthening the prerogatives of existing health and safety committees by granting them rights to expertise;

X. whereas EU-OSHA highlights the importance of participatory risk assessment processes and the involvement of workers and their representatives in preventing work-related psychosocial risks in order to ensure that measures are effective, inclusive and grounded in actual workplace conditions and needs;

6. Underlines the important role of social partners and collective bargaining in preventing and addressing work-related psychosocial risks, by ensuring structured social dialogue, strengthening workers’ protection, and promoting healthier, safer and more resilient workplaces;

Y. whereas 29 % of workers report being not very well informed or not at all informed about the prevention of work-related stress at their workplace indicating a significant knowledge and communication gap on psychosocial risk prevention as well as insufficient access to early psychosocial support, occupational mental health guidance and referral pathways when symptoms emerge, not least to those entering the labour market for the first time; whereas this highlights the need to strengthen education, training and awareness-raising measures, including for students in preparation for working life, in order to foster preventive measures and to ensure that workers are adequately informed, in a timely, clear and comprehensible manner, about the nature of psychosocial risks, the factors affecting them and the measures in place to prevent and address them; whereas such information should be provided in writing and in formats that are accessible and understandable to all workers, taking into account diverse needs, including those of persons with disabilities; whereas accessibility should be ensured in accordance with the principles of universal design; whereas ensuring all workers, including those with disabilities, can access, understand and use such information is essential to enable their meaningful participation in prevention, reporting and risk management processes;

7. Calls on the Member States to ensure mandatory and continuous training for employers, managers, workers and workers’ representatives on work-related psychosocial risks and psychosocial risk factors, including harassment and violence, and prevention measures;

Z. whereas telework and adaptive working arrangements, while providing flexibility and opportunities for improving work-life balance, have also been associated with increased work intensity and connection to work-related digital tools beyond working hours, which leads to reduced social interaction, work–life interference and extended availability which can negatively affect mental health if not properly managed; whereas, in this context, ensuring clear limits to working time and protecting workers from being required to engage in work-related communications outside normal working hours, may contribute to mitigating the adverse effects associated with digitalisation of work; whereas implementing and promoting digital and mental health literacy, good management practices and the right to disconnect is essential to mitigate those risks;

8. Underlines the importance of clear, confidential, independent and accessible procedures to address cases of harassment, violence and discrimination at work, ensuring protection against retaliation and respect for victims’ rights;

AA. whereas women, young and older workers, single parents, people with care responsibilities, workers in precarious or non-standard forms of employment, managerial staff, third country nationals, workers living with a chronic health condition, workers with disabilities, and workers subject to intense performance monitoring and merit-based reward systems are disproportionately exposed to work-related psychosocial risks; whereas this is not due to individual vulnerability but a result of inequalities and certain workplace practices in the organisation of work, including unequal treatment and discrimination on various grounds, such as sex, age, disability, or sexual orientation; whereas these multiple forms of discrimination constitute psychosocial risk factors in themselves and whereas it is important to ensure that that all workers are protected in accordance with existing legislation and ensuring an inclusive and a safe and healthy working environment for all workers;

9. Calls on the Commission and Member States to strengthen labour inspectorates through the establishment of minimum EU-wide standards for labour inspections in the field of work-related psychosocial risks, including specialised training, harmonised assessment and monitoring tools, and adequate resources to support effective prevention and enforcement;

AB. whereas supervisors and managers are affected by particular stressors such as demanding work, self-management, fragmentation and spillover of work into private life; whereas supervisors suffering from work-related burnout and exhaustion can create a trickle-down effect, with workers that they manage also experiencing higher levels of emotional exhaustion, anxiety, and depression;

10. Urges Member States to incorporate primary and secondary prevention measures into their national occupational health and safety strategies, ensuring effective coordination between healthcare systems, labour inspectorates, and social partners; emphasizes the importance of improving the collection, monitoring, and reporting of data on work-related psychosocial risks and associated absences, occupational diseases and injuries to enable a more accurate evaluation of the effectiveness of prevention and intervention measures;

AC. whereas gender disparities affect how psychosocial risks are experienced, reported, and managed within workplace environments; whereas women workers are disproportionately exposed to psychosocial risks in the world of work, including gender-based violence and harassment, which constitute serious OSH risks with significant impacts on their physical, economical and mental well-being; whereas the ILO Convention No. 190 (C190) is the first international treaty to recognise the right of everyone to a world of work free from violence and harassment, including gender-based violence and harassment;

11. Stresses the need for comprehensive return-to-work policies that support employees following illness or psychosocial difficulties; encourages Member States to develop tailored reintegration programs, including workplace adjustments, flexible schedules, and continuous occupational health support; highlights the importance of collaboration between employers, healthcare providers, and social partners to facilitate a smooth, sustainable, and inclusive return to work, while preventing relapses and promoting long-term well-being;

AD. whereas young people are disproportionately affected by anxiety, mental distress and burnout in the workplace, not least due to their more intensive use of digital technologies and the often-precarious nature of early-career employment; whereas the expansion of teleworking may further limit opportunities to build meaningful social connections, access informal learning, and receive adequate supervision and mentoring, all of which are essential at the beginning of a professional career; whereas these factors may increase the risk of isolation and frustration, thereby exacerbating psychosocial risks among young workers;

12. Stresses the need for minimum standards in the recognition, prevention and compensation of work-related psychosocial risks, in order to avoid legal fragmentation and unequal protection of workers; calls on the Commission to propose a clear and legally binding definition of work-related psychosocial risks and psychosocial risk factors, covering risks arising from work organisation, design and management practices, the social and relational context at work and working conditions, and including issues such as work-related stress, burnout, harassment, violence and discrimination;

AE. whereas third country workers are disproportionately exposed to psychosocial risks at work due to various factors such as atypical, precarious and unsafe working conditions, unequal treatment and barriers to accessing rights and reporting abuse; whereas workers in an irregular situation are particularly vulnerable to labour exploitation and abusive practices when seeking to assert their rights; whereas these risks are particularly relevant in platform work and in other sectors such as domestic work, where women from third countries constitute a significant part of the workforce;

13. Requests that the Commission submit, by the end of 2026, on the basis of Article 153(2), point (b), and Article 153(1), point (a), of the Treaty on the Functioning of the European Union, a proposal for a directive on work-related psychosocial risks, stress and mental health at work, including minimum requirements with view to an equivalent, high level of protection for all workers in the Union following the recommendations set out in the Annex hereto;

AF. whereas difficulties in the recognition of work-related psychosocial diseases resulting from exposure to work-related psychosocial risks and the burden of proof placed on workers constitute obstacles to effective prevention, enforcement and access to justice;

AG. whereas raising mental health aspects and mentioning challenges in the workplace is still attached to the fear of stigma by workers, leading to underreporting of work-related psychosocial risks and mental health conditions and thereby limiting access to justice and appropriate support; whereas workers who report OSH violations or work-related psychosocial risks, as well as direct and indirect witnesses, are particularly exposed to adverse treatment such as limiting their responsibilities, inaction and pressure to resign; whereas the protection of persons reporting breaches of Union law is established in, among others, Directive 2019/1937/EU (the ‘Whistleblower Directive’) ensuring protection against retaliation, intimidation and career penalties;

AH. whereas women workers who are pregnant, have recently given birth or are returning from maternity leave may face specific forms of discrimination, unequal treatment or adverse career impacts, which constitute psychosocial risk factors and must be prevented;

AI. whereas secondary prevention plays a key role in protecting workers’ health by enabling the early detection of work-related health impairments, in particular those linked to psychosocial risks, and by ensuring timely intervention to prevent their aggravation; whereas it includes, inter alia, appropriate monitoring, alert and support mechanisms, including access to occupational and mental health services and relevant support measures; whereas a clear and organised approach to secondary prevention contributes to reducing the duration of absences, facilitating a sustainable return to work that reduces symptoms of ill-health following periods of absence and preventing recurrence, thus complementing primary prevention measures; whereas psychosocial risks may have cumulative and delayed effects, particularly in professions involving exposure to traumatic events, where health impairments may arise long after the initial exposure;

AJ. whereas work-related psychosocial risks are the responsibility of the employer and must be addressed primarily through collective and organisational prevention measures;

AK. whereas a healthy work–life balance is an essential component of workers’ well- being and a key factor in preventing work-related psychosocial risks; whereas excessive working hours, unpredictable schedules and constant connectivity can negatively affect workers’ mental health and overall quality of life; whereas appropriate work organisation, including the right to disconnect and flexible working arrangements when properly managed, can contribute to improved well-being, productivity and labour market participation;

AL. whereas companies, in particular SMEs, must be supported to fulfil their OSH obligations, including addressing work-related psychosocial risks, through awareness raising, training initiatives particularly for management and user-friendly tools and practical guidance, including on preventive measures, emerging workplace technologies and policies supporting return-to-work;

1. Notes the extensive implications of work-related psychosocial risks on individuals, including adverse effects on mental and physical health, work–life balance and private life, as well as the potential to cause economic hardship, particularly in cases of prolonged incapacity to work; stresses the importance of proactively addressing evolving OSH risks, in particular psychosocial risks, to work tasks, patterns and workplaces, in the context of the twin transition; acknowledges the important role that the workplace can play in facilitating good mental health and recognises that healthy working conditions can positively impact well-being and productivity; emphasises in that regard, the need to strengthen the EU legislative framework on the prevention, identification and management of work-related psychosocial risks, and to ensure a high level of protection of workers’ mental and physical health and safety, in full respect of the principles of subsidiarity and proportionality as well as the autonomy of the social partners and the diversity of national systems; calls furthermore for improving the implementation and enforcement of the existing EU framework on health and safety;

2. Calls on the Commission and the Member States to explicitly recognise that work-related psychosocial risks give rise to occupational diseases, including mental health issues; calls on the Commission, in cooperation with relevant bodies including the Advisory Committee on Safety and Health at Work, to review and, where necessary, amend Commission Recommendation (EU) 2022/2337 of 28 November 2022 concerning the European schedule of occupational diseases accordingly; calls furthermore on the Commission to facilitate the exchange of best practices between Member States regarding the recognition and prevention of work-related mental health issues;

3. Calls for all forms of gender-based violence and harassment at work to be explicitly recognised as a psychosocial risk requiring gender-responsive prevention and management, and for an EU comprehensive approach aligned with international standards that covers all forms of such violence, including sexual harassment, third-party violence and cyber-violence; further calls for clear employer obligations to prevent and address these issues, including the establishment of safe reporting mechanisms and effective victim protection as determined by the Directive 2024/1385;

4. Calls on Member States to ensure that where a worker establishes facts indicating exposure to work-related psychosocial risk factors including bullying, harassment, violence or burnout, and an injury or damage to health consistent with such exposure, there should be a presumption that the injury or damage is work-related; stresses that, in such a case, the burden would be on the employer to demonstrate that the injury or damage was not caused by the working conditions; further calls on Member States to introduce, where appropriate, mechanisms for the alleviation of the burden of proof, subject to legal certainty and the prevention of abusive and manifestly ill-founded claims;

5. Recalls the importance of ensuring a high level of workers’ occupational health and safety; welcomes the initiative for a Quality Jobs Act with the aim to ensure employment practices keep up with developments in the modern economy; stresses the need for this Act together with the forthcoming update of the European Pillar of Social Rights Action Plan to include measures that improve workplace health and safety and address psychosocial risks; calls furthermore on the Commission to conduct a comprehensive review of the current strategic framework on health and safety at work and the existing OSH legislative framework, in particular Directives 89/391/EEC and 90/270/EEC, with a view to identifying remaining gaps, ensuring the EU acquis remains fit for purpose and feeding into future initiatives, notably the post-2027 strategic framework on safety and health; underlines the need to ensure coherence with existing EU legislation and to avoid unnecessary administrative burdens, in particular for SMEs;

6. Calls on the Member States, in line with existing obligations under Article 9 of the OSH Framework Directive, to ensure that psychosocial risk assessments are mandatory, and conducted at regular intervals and in cases of significant workplace changes, participatory and properly documented in all workplaces, and undertaken with the effective involvement of workers and their representatives, while also taking into account sectoral, occupational and organisational specificities; calls for the systematic integration of a gender-sensitive and intersectional perspective in such assessments, taking into account discrimination and gender inequalities and stereotypes including specific consideration of workers during or after pregnancy, or miscarriage, maternity or paternity leave and upon return to work;

7. Recalls the need for and importance of informing and consulting workers and their representatives at relevant stages of psychosocial risk assessment, prevention and elimination, in accordance with Union and national labour law and social dialogue principles, ensuring the participation of workers and their representatives in the implementation of measures and continuous monitoring of risks, including through ensuring dedicated channels for workers to report OSH risks and challenges;

8. Underlines the important role of social partners and collective bargaining in preventing and addressing work-related psychosocial risks, by ensuring social dialogue, strengthening workers’ protection, and promoting healthier, safer and more resilient workplaces;

9. Considers it vital to respect the autonomy of the social partners; calls moreover on the Member States to promote a high level of collective bargaining coverage and recognise the role of and strengthen the capacity of social partners, in line with Article 4 of the minimum wage directive, in order to contribute to fair and adequate working conditions across the Union, and thus further prevent psychosocial risks;

10. Calls on the Member States, in cooperation with social partners to ensure continuous, accessible and specialised training for employers, managers, workers and workers’ representatives on work-related psychosocial risks and psychosocial risk factors, including harassment and violence, prevention and intervention measures, notably regarding abuse of authority and harassment by supervisors or colleagues, and awareness of early signs of burnout and other work-related mental health conditions, while taking into account sector-specific risks; stresses the need to integrate preventive education and training on psychosocial risks also into lifelong learning systems, including in vocational education and training; calls furthermore on the Member States to ensure that training and specific tools and methodologies are made available to support and guide employers in the assessment of work-related psychosocial risk, which should facilitate the application of that concept, especially for micro, small and medium-sized enterprises;

11. Stresses that individual resilience training or wellbeing programmes cannot replace employers’ legal obligations to prevent work-related psychosocial risks through proper work organisation;

12. Recalls the need to move towards a zero-tolerance approach to violence and harassment at work and encourages Member States to ratify relevant international instruments, in particular the Violence and Harassment Convention, 2019 (No. 190) of the International Labour Organization; underlines the importance of clear, confidential, independent and accessible procedures to address cases of harassment, violence and discrimination at work, including cases involving abuse by colleagues, supervisors or management, ensuring protection against adverse treatment and respect for victims’ rights;

13. Calls on the Commission and Member States to strengthen labour inspectorates through a proposal for a Council Recommendation on EU-wide minimum standards, including through enhanced cooperation and exchange of best practices and taking into account the realities of SMEs in the field of work-related psychosocial risks, including specialised training, harmonised assessment and monitoring tools, and adequate resources to support effective prevention and enforcement, and thereby strengthening national inspectorates based on those standards; reiterates its call on the Commission to substantially strengthen the European Labour Authority’s (ELA) mandate; considers that a strengthened ELA mandate would improve the enforcement of EU labour law and occupational health and safety, and enhance the collection and dissemination of best practices of national labour inspectorates, and should also allow for the issuing of recommendations based on these learnings;

14. Urges Member States to incorporate primary and secondary prevention measures into their national occupational health and safety strategies, while paying particular attention to more vulnerable groups ensuring effective coordination between healthcare systems, labour inspectorates, and social partners; emphasizes the importance of improving the collection, monitoring, and reporting of data on work-related psychosocial risks and associated absences, occupational diseases and injuries, including through better use of comparable indicators and data-sharing mechanisms to enable a more accurate evaluation of the effectiveness of prevention and intervention measures and to support evidence-based policymaking;

15. Underlines that prolonged isolation, combined with blurred boundaries between professional and private life, may increase the risk of stress and burnout; stresses, therefore, the importance of ensuring a balanced and voluntary approach to telework, including adequate opportunities for in-person interaction, on-the-job learning and managerial support;

16. Stresses the need for comprehensive return-to-work policies that support employees following illness or psychosocial difficulties; encourages Member States to develop tailored reintegration programs, including workplace adjustments to tasks, hours or environment and continuous occupational health support, including psychosocial support measures; highlights the importance of collaboration between employers, including human resources personnel and occupational health services, healthcare providers, social partners and workers’ representatives to facilitate a smooth, sustainable, and inclusive return to work, including through early intervention and individualised support plans, while preventing relapses and promoting long-term well-being;

17. Stresses the need for minimum standards in the recognition, prevention and compensation of work-related psychosocial risks, in order to avoid legal fragmentation and ensure equal protection of workers; calls on the Commission to propose a clear and legally binding definition of work-related psychosocial risks and psychosocial risk factors, covering risks arising from work organisation, design and management practices comprising those related to digital surveillance and algorithmic management at the workplace, the social and relational context at work and working conditions, heat and extreme weather, affecting both physical and mental health, with particular impact on emergency responders and including issues such as work-related stress, mobbing burnout, harassment, violence and discrimination; underlines that such standards must be workable and easily implementable for companies of all sizes, with tailored and dedicated support for SMEs (e.g. simplified digital risk assessment tools, sectorial guidance, targeted financial or advisory assistance); stresses that such tailored support can help SMEs embed effective and sustainable psychosocial risk prevention in their daily operations while remaining fully aligned with the Union’s ambition to promote safe, healthy and productive workplaces; calls furthermore for algorithmic management systems and technologies to be better integrated into health and safety systems at workplaces, with the involvement of worker representatives;

18. Requests the Commission to carry out an impact assessment including an assessment of existing legislation complemented by a competitiveness and SME test and to submit, on the basis of Article 153(2), point (b), and Article 153(1), point (a), of the TFEU and the result of the aforementioned steps, a legislative proposal on work-related psychosocial risks, stress and mental health at work which would address the remaining gaps in existing legislation and avoid creation of overlapping legal instruments, with view to an equivalent, high level of protection for all workers in the Union following the recommendations set out in the Annex hereto;

TEXT OF THE LEGISLATIVE PROPOSAL REQUESTED

The European Parliament requests the Commission to carry out an impact assessment including an assessment of existing legislation complemented by a competitiveness and SME test and to submit, depending on the result of the aforementioned steps, a legislative proposal on work-related psychosocial risks, stress and mental health at work where the following recommendations should be incorporated:

Proposal for a

Recommendation 1

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on the prevention of work-related psychosocial risks, stress and mental health at work

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2), point (b), in conjunction with Article 153 (1), point (a), thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee ,

Having regard to the opinion of the Committee of the Regions ,

Acting in accordance with the ordinary legislative procedure ,

Whereas:

(1) The European Parliament has repeatedly called for the adoption of a specific EU directive to ensure a high and equivalent level of protection against work-related psychosocial risks for all workers in the Union.

(2) A definition of work-related psychosocial risks and risk factors related to work organisation, design and management, the social and relational context at work and working conditions should be adopted at a European level to provide certainty to employers and workers.

(3) Work-related psychosocial risks should be recognised as occupational risks within the meaning of Union occupational safety and health law.

(4) The prevention of work-related psychosocial risks should be based primarily on collective and organisational measures, in accordance with the hierarchy of prevention, including the adjustment of workload, working time, job control, staffing levels, management practices and performance evaluation systems. Stresses that individual resilience training, counselling or wellbeing/wellness programmes cannot replace employers’ legal obligations to prevent work-related psychosocial risks by adapting work organisation, design and management.

(5) Member States should provide for effective, proportionate and dissuasive sanctions for infringements of the rights and obligations as set out in this Directive.

(6) Employers should ensure that work organisation, management practices and performance evaluation systems respect workers’ health, dignity and fundamental rights,

HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

GENERAL PROVISIONS

Article 1

This Directive lays down minimum requirements to prevent, eliminate or, where this is not possible, reduce work-related psychosocial risks.

The aim of the proposal should be to lay down minimum requirements to prevent, eliminate or, where this is not possible, reduce work-related psychosocial risks and their potential outcomes which may include, inter alia, work-related stress, burnout, including cyber violence and harassment, bullying, mental disorders, including post-traumatic stress disorder, moral distress and trauma-related conditions, addiction or suicidal behaviour, cardiovascular diseases and musculo-skeletal disorders, in full respect of the competences of the Member States and of the principles of subsidiarity and proportionality.

ThisThe Directiveproposal appliesshould apply to workersworkers, defined as any person employed by an employer, including trainees and apprentices, in all sectors of economic activity, both public and private.

(1) “Work-related psychosocial risks” means work-related risks arising from exposure to psychosocial risk factors related to the organisation, design and management of work, the social and relational context at work and working conditions,factors, which may affect workers’ mental and physical health, safety and dignity; such risks may lead, inter alia, to work-related stress, burnout, harassment, violence, mental disorders,health issues, addiction or suicidal behaviour, cardiovascular diseases and musculo-skeletal disorders;disorders, which may lead to job loss, termination of employment, or pressure to resign;

(2) “Work-related stress” means a state of physical, emotional, and psychological strain resulting from prolonged exposure to work demands that exceed a worker’s capacity or resources; it is characterized not only by feelings of exhaustion, but also by heightened levels of tension, anxiety, or being persistently “on edge,” reflecting both overactivation (stress/anxiety) and depletion (fatigue);

(2) “Psychosocial risk factors” means work-related risk factors related to the organisation, design and management of work, its social and relational context and working conditions, including an excessive workload, high work intensity, long and often unpredictable working hours, presenteeism, lack of autonomy, lack of support from supervisors, psychological and sexual harassment, violence including cyber violence and harassment, and discriminatory behaviour, exposure to adverse working relationships and workplace bullying, high emotional demands, violation of personal dignity, devaluation of professional identity, and undermining of performance, high digital intensity notably digital connectivity outside working time, or being subject to automated decision-making or constant automated monitoring and undue excessive surveillance, lack of role clarity and ineffective communication, customer evaluation by real-time ratings systems, and unrealistic targets;

(3) “Psychosocial risk factors” means work-related risk factors related to the organisation, design and management of work, its social and relational context and working conditions, including high workload, high work intensity, long working hours, lack of autonomy, lack of support from supervisors, harassment, violence and discrimination behaviour, high emotional demands, high digital intensity, being subject to automated decision-making or monitoring systems, unrealistic targets;

(3) “Work-related stress” means a state of physical, emotional, and psychological strain resulting from prolonged exposure to work-related psychosocial risk factors; it is characterized not only by feelings of exhaustion, but also by heightened levels of tension, anxiety, or being persistently “on edge”, reflecting both overactivation (stress/anxiety) and depletion (fatigue);

(4) “Primary prevention” means measures aimed at eliminating and preventing work-related psychosocial risks at source through adaptations to work organisation, design and management, and working conditions;

(4) “Moral distress” means distress arising when workers are constrained from acting in accordance with professional, ethical or clinical standards, including because of understaffing, insufficient resources, conflicting instructions or unsafe organisational arrangements;

(5) “Secondary prevention” means measures aimed at the early identification and timely management of emerging adverse outcomes from exposure to work-related psychosocial risks in order to prevent their progression, reduce their impact, and avoid the development of more serious outcomes, including through screening, monitoring and targeted interventions for workers showing initial signs of exposure or harm.

(5) “Presenteeism” means employees’ presence at the workplace when exhibiting ill-health or illness, due to fear stemming from possible negative consequences of their absence being perceived or measured as being less productive, which could lead to them being made redundant, job loss, income loss and subsequent overall well-being being threatened from a socioeconomic stance;

CHAPTER II

(6) “Primary prevention” means measures aimed at preventing and eliminating work-related psychosocial risks at source, or where not possible, reducing negative effects, through adaptations to work organisation, design and management, and working conditions;

OBLIGATIONS OF EMPLOYERS

(7) “Secondary prevention” means measures aimed at the early identification and timely management of emerging adverse outcomes from exposure to work-related psychosocial risks in order to prevent their progression, reduce their impact, and avoid the development of more serious outcomes, including through screening, monitoring and targeted interventions for workers showing initial signs of exposure or harm;

Article 4

(8) “Tertiary prevention” refers to measures that can support a sustainable and manageable return to work for everyone, and means measures aimed at managing and mitigating the adverse outcomes from psychosocial risks that have already occurred, in order to, without undue delay, prevent their progression, reduce their impact, prevent permanent impairing and set out a path for rehabilitation.

Recommendation 4

1. Employers shallshould ensure the prevention of work-related psychosocial risksrisks. by:To that end, the general principles of prevention as laid down in Article 6 of the Directive 89/391/EEC should apply.

(a) avoiding risks;

Within the context of work-related psychosocial risks, the adaptation of the work to the individual should be understood as including measures to avoid imposed telework.

(b) evaluating the risks which cannot be avoided;

Within the context of work-related psychosocial risks, developing a coherent overall prevention policy should be understood as including measures on safe staffing levels

(c) combating the risks at source;

Within the context of work-related psychosocial risks, employers should have in place effective mechanisms for reporting and addressing psychosocial risks, ensuring that workers are protected from retaliation.

(d) adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health;

2. Taking into account the nature of the activities and the size of the enterprise concerned, employers should ensure that organisational resources that support primary prevention, including managerial support, worker participation and access to training, are made effectively available and accessible to all workers.

(e) adapting to technical progress;

They should also provide regular, targeted, and adequate training to workers, managers and supervisors on work-related psychosocial risks and risk factors related to work organisation, design and management, the social and relational context at work, and working conditions, and prevention measures taking into account sector-specific needs, including the prevention of harassment, mobbing, inappropriate managerial practices, while ensuring that improvement of individual resilience, training or counselling is not considered sufficient where organisational risk factors remain unaddressed.

(f) replacing the dangerous by the non-dangerous or the less dangerous;

3. Employers should adopt and implement policies defining and prohibiting violence, harassment, bullying and discriminatory behaviour that undermines workers’ dignity, physical and/or mental health or well-being. These policies should include effective procedures for reporting and addressing such behaviour, ensure confidentiality and protect workers from retaliation.

(g) developing a coherent overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors related to the working environment;

4. Employers should also implement appropriate secondary prevention measures, including early detection mechanisms and risk-based prevention protocols for third-party violence, access to occupational health services, and timely support for workers exposed to psychosocial risks.

(h) giving collective protective measures priority over individual protective measures;

5. In line with Directive 89/391/EEC, employers should ensure the nomination of designated personnel, with sufficient training and/or expertise, supported by appropriate resources, to carry out measures related to the mitigation of work-related psychosocial risks while taking into account the situation of SMEs.

(i) giving appropriate instructions to the workers.

6. Information on the measures implemented will be made available to workers in accordance with Article 10 of Directive 89/391/EEC.

2. Employers shall ensure that organisational resources that support primary prevention, including managerial support, worker participation and access to training, are made effectively available to all workers.

Recommendation 5

They shall also provide regular and adequate training to workers, managers and supervisors on work-related psychosocial risks and risk factors related to work organisation, design and management, the social and relational context at work, and working conditions, and prevention measures.

Psychosocial risk assessment and action plan

3. Employers shall adopt and implement a code of conduct defining and prohibiting violence, harassment and discrimination behaviour that undermines workers’ dignity, health or well-being.

1. Employers should carry out regular psychosocial risk assessments and whenever significant changes to the organisation of work and organisational restructuring occur, including where such changes lead to notable fluctuation in staffing levels, high instances of workplace sick-leave, and a prevalence of long-term and/or repeated absences. Additionally, workers’ representatives should have the possibility to propose an assessment based on their reasoned evaluation.

4. Employers shall also implement appropriate secondary prevention measures, including early detection mechanisms, access to occupational health services, and timely support for workers exposed to psychosocial risks.

2. The psychosocial risk assessment should evaluate psychosocial risk factors such as excessive workload, high work intensity, lack of autonomy, long and often unpredictable working hours, presenteeism, lack of support from supervisors, psychological and sexual harassment, violence and discriminatory behaviour, bullying, high emotional demands, especially in client-facing occupations, poor recognition and feedback practices, workplace relationships, exposure to adverse social behaviour from both internal sources in the organisation and external parties, job insecurity, work–life interference, high digital intensity notably digital connectivity outside working time, or being subject to automated decision-making or constant automated monitoring and undue excessive surveillance, including customer evaluation by real-time rating systems, lack of role clarity and ineffective communication, or unrealistic targets.

Article 5

Such assessment shall be based on scientifically comparable and validated methods.

Mandatory psychosocial risk assessment

3. Member States should take into account the size, sector and resources of undertakings when implementing the provisions related to such assessments. In this context, simplified and practical tools should be made available to facilitate implementation without undue administrative burden, and in particular to assist SMEs with carrying out risk assessments.

1. Employers shall carry out a psychosocial risk assessment at least once per year and whenever significant changes to the organisation of work and organisational restructuring occur.

4. On the basis of the psychosocial risk assessment, employers should without delay adopt an action plan setting out concrete measures to prevent, eliminate or reduce potential and identified work-related psychosocial risks and ensure their implementation, monitoring and evaluation.

2. The psychosocial risk assessment shall evaluate psychosocial risk factors including workload, work intensity, lack of autonomy, long working hours, lack of appropriate rewards and recognition resulting from poor performance and evaluation systems, emotional demands, exposure to adverse social behaviour, job insecurity, work–life interference, digital connectivity outside working time, or being subject to automated decision-making or monitoring systems;

5. The action plan should include, where relevant, in line with the results of the risk assessment:

Such assessment shall be based on scientifically validated methods.

(a) measures to address, workforce shortages, including through adequate staffing levels, and where possible reducing monotonous work;

3. When carrying out the psychosocial risk assessment, employers shall ensure the effective participation of workers’ representatives and trade unions and that the protective and preventive services for psychosocial risks designated pursuant Article 15 take part throughout the entire process.

(b) measures aimed at promoting a good work-life balance;

4. The results of the assessment shall be documented and communicated to all workers in the workplace in an accessible manner.

(c) measures to improve working conditions, reduce excessive workload and work intensity, including, where appropriate, measures addressing the frequency impact of overtime and unpredictable working hours, in accordance with national law and practice, with particular attention being paid to sectors characterised by irregular, extended or operational working time patterns, ensuring adequate recovery periods and compensatory measures;

Article 6

(d) measures addressing presenteeism, and effective implementation of the right to disconnect referred to in Recommendation 11, including measures aiming to prevent practices requiring workers to be available outside working hours unless in exceptional circumstances, including technical and organisational safeguards;

Annual action plan

(e) measures to prevent abusive social behaviour such as harassment, bullying and violence, including cyber harassment and violence;

1. On the basis of the psychosocial risk assessment, employers shall adopt an annual action plan setting out concrete measures to prevent, eliminate or reduce work-related psychosocial risks. Employers shall implement, monitor and evaluate the application of the annual action plan.

(f) measures governing work-related psychosocial risks related to automated and semi-automated decision making or monitoring, the processing of workers’ data for profiling or other purposes and the use of artificial intelligence;

2. The action plan shall include, where relevant:

(g) targeted measures for sectors, occupations and groups of workers identified as being at higher risk, including health and social care, public administration and client-facing services; taking into account factors such as high work intensity, workforce shortages and exposure to third-party violence and harassment;

(a) measures to reduce excessive workload, workforce shortages, work intensity and reduce monotonous work;

(b) limitations on overtime and unpredictable working hours;

(c) effective implementation of the right to disconnect;

(d) measures to prevent abusive social behaviour such as harassment, bullying and violence;

(e) rules governing digital monitoring, surveillance and the use of artificial intelligence to prevent worker exposure to work-related psychosocial risks;

(f) measures aimed at preventing extended availability and “always-on” work cultures, including technical and organisational safeguards;

(g) targeted measures for sectors, occupations and groups of workers identified as being at higher risk, including health, public administration and client-facing services;

3. The action plan shall be subject to approval by the relevant protective and preventive services for psychosocial risks designated pursuant to Article 15. Workers representatives and trade unions shall be duly and systematically involved in the design, implementation and evaluation of this plan.

(i) the establishment of peer-support systems and trust-based mechanisms;

4. Employers shall take all necessary measures to prevent, eliminate or reduce work-related psychosocial risks identified through the risk assessment.

(j) continuous risk management systems based on the results of the risk assessment to ensure a cyclical approach to prevention with regular review of progress, defining measurable objectives and timelines and allocation of adequate resources for the implementation.

Article 7

6. The risk assessment measures and the action plan should be subject to approval by the relevant protective and preventive services for psychosocial risks designated pursuant to Recommendation 12.

7. The results of the risk assessment and the action plan should be documented and communicated to all workers in the workplace in a comprehensible adequate and accessible manner.

Recommendation 6

1. Any significant restructuring, reorganisation of workwork, including teleworking arrangements, shifts in workforce levels or introduction of surveillanceautomated ordecision-making digitaland managementautomated technologiesmonitoring shallsystems, where significant impact on workers is expected, should be subject to a prior psychosocial risk assessment.assessment by employers in cooperation with workers and their representatives.

CHAPTER III

2. Employers should integrate the results of the risk assessment into their safety and health systems, as regards possible risks of work-related accidents, psychosocial and ergonomic risks as well as any undue pressure put on workers. The use of algorithmic management technologies should respect workers’ wellbeing and be designed to ensure their physical and mental health and safety.

RIGHTS OF WORKERS

3. Employers should ensure that the introduction of algorithmic systems does not impose excessive burden or monitoring of workers, while ensuring continuous, meaningful and effective human oversight at all times over all decisions taken or supported by digital management technologies.

Article 8

Recommendation 7

Article 9

Employers should take measures to address stigma related to mental health and to ensure that seeking psychological support does not lead to negative career consequences.

Right to a supported return to work following harm from exposure to work-related psychosocial risks

Member States should ensure the continuity of care and access to mental health support for workers exposed to psychosocial risk factors, including following the termination of an employment relationship, particularly in sectors where exposure to work-related psychosocial risk factors may have long-term consequences. In this context, Member States should ensure that employers, in particular SMEs, and workers have access to specialised mental health support services.

Workers who have been absent from work due to health impairments linked to work-related psychosocial risks, including work-related stress, burnout, harassment or violence, shall have the right to a supported and sustainable return to work.

Recommendation 8

Employers shall ensure that the return to work is organised in a manner that protects the worker’s health and prevents recurrence of the risks that contributed to the absence.

Supporting a sustainable return to work

This right shall form part of the employer’s obligations in the framework of secondary and tertiary prevention of work-related psychosocial risks.

1. Workers who have been absent from work long-term or for repeated periods of time due to health impairments linked to work-related psychosocial risks, including work-related stress, bullying, burnout, harassment or violence, should have the right to a supported and sustainable return to work.

Article 10

2. Employers should ensure that a return to work as referred to in the first paragraph is organised in a manner that protects the worker’s health and prevents a recurrence of the risks that contributed to the worker’s absence.

Individual return-to-work plan

3. This right should form part of the employer’s obligations in the framework of secondary and tertiary prevention of work-related psychosocial risks.

2. The plan shallshould be developed in cooperation with the worker concerned, occupational health servicesservices, a member of staff with supervisory functions and workers’ representatives,representatives wherein appropriate.accordance with EU and national law and practice.

Employers shallshould ensure regular follow-up action and maintain appropriate communication with the worker concerned during the return-to-work period, including on the possibility to review and adapt the return-to-work plan.plan, as well as the long-term monitoring and any necessary action to ensure the success of the process of return-to-work period.

Where necessary, employers shallshould take organisational measures to address the psychosocial risk factors that contributed to the worker’s absence.absence, including the possibility of job redesign.

Workers returning to work after an absence linked to work-related risks shallshould be treated in a fair and supportive manner and should not suffer discrimination or adverse treatment as a result of their absence.

Workers shall have the right to report work-related psychosocial risks, including anonymously.

Workers should have the right to report, including anonymously, through effective channels, work-related psychosocial risks that they have identified or been affected by. Workers’ representatives should be informed and consulted in the design and monitoring of those effective reporting channels.

NoAppropriate workersafeguards shallshould sufferbe put in place to prevent any form of retaliation, discrimination or disadvantage as a result of such reporting.

Workers shall not be required to engage in work-related communications or tasks outside their working time.

Workers should be able to exercise their right to disconnect and employers should respect that right unless in exceptional circumstances as set out in the resolution of the European Parliament of 21 January 2021 with recommendations to the Commission on the right to disconnect (2019/2181(INL)).

Employers shallshould ensure that digital tools and work organisation support the effective exercise of this right.right, taking into account different forms of work organisation.

Article 14

Recommendation 12

Right to information, consultation and participation

Workers and their representatives shall be informed, consulted and involved at all stages of the assessment, prevention, monitoring and elimination of work-related psychosocial risks.

Employers shall ensure that workers are clearly and regularly informed about work-related psychosocial risks and the measures in place to prevent them and mitigate their negative impact.

Particular attention shall be paid to ensuring that all workers understand that work-related psychosocial risks arise from exposure to psychosocial risk factors, and the nature of those factors.

CHAPTER IV

WORKERS’ REPRESENTATION AND PARTICIPATION

Article 15

1. Employers shall designate one or more workers to carry out activities related to the prevention and management of psychosocial risks within the undertaking and/or establishment.

1. Employers shall should be able to designate one or more workers to carry out activities related to monitoring, risk assessment, early detection, and the prevention and management of psychosocial risks within the undertaking or establishment or if, because the undertaking does not dispose of sufficient competent personnel, such designation cannot be effected, they should be able to enlist competent external services or persons to that end, in addition to those designated or enlisted pursuant to Article 7 of Directive 89/391/EEC. Article 7(2), (5), (6) and (7) of Directive 89/391 should apply to such workers, external services or persons. The designated workers may be the same as those designated to carry out activities related to the protection and prevention of other occupational risks for the employer.

2. The designated workers shall not be placed at any disadvantage because of their activities related to the prevention of psychosocial risks. They shall be allowed adequate time and provided with appropriate resources to fulfil their duties.

2. In the cases referred to in paragraph 1, the employer should inform those services or persons of all relevant factors known to affect, or suspected of affecting, the mental health and well-being of workers, including work organisation, working conditions, staffing levels and interpersonal relations at work.

3. Where the competencies to carry out the activities referred to in paragraph 1 are not available within the undertaking and/or establishment, the employer shall enlist competent external services or persons with expertise in psychosocial risks.

3. Member States should determine:

4. In such cases, the employer shall inform those services or persons of all relevant factors known to affect, or suspected of affecting, the mental health and well-being of workers, including work organisation, working conditions, and interpersonal relations at work.

5. In all cases:

– the designated workers must have the necessary capabilities, training and means in the field of psychosocial risk prevention;

– the external services or persons consulted must have the necessary aptitudes and professional resources; and

– the number of designated workers and external services or persons consulted shall be sufficient, taking into account the size of the undertaking and/or establishment, the nature of the activities, and the level and distribution of exposure to psychosocial risks.

6. The prevention of psychosocial risks may be carried out by one or more workers, by an internal service, or by external services. These actors shall cooperate where necessary to ensure a coherent and effective approach.

7. Member States may define, in light of the nature of the activities and the size of the undertakings, the categories of undertakings in which the employer, provided that he or she is competent, may assume responsibility for the measures referred to in paragraph 1.

8. Member States shall determine:

1. The employer shall ensure that workers and/or their representatives are consulted and are allowed to take part in discussions in all stages of the prevention and management of psychosocial risks.

1. Workers and their representatives should be informed, consulted and involved at all relevant stages of the assessment, prevention and management of psychosocial risks, including the action plan, and the introduction of or changes related to the organisation of work and working conditions, such as performance evaluation and algorithmic management practices, including through appropriate educational and awareness-raising measures in accordance with Union and national law and practice, which should take into account, inter alia, the size of the undertaking. Workers should have the right to nominate their representatives for such purposes, in accordance with national law and practice.

2. Such consultation and participation shall concern, in particular:

Employers should ensure that workers are provided with information, in writing and in an accessible format, to ensure that they are clearly and regularly informed about work-related psychosocial risks and the measures in place to prevent them and mitigate their negative impact.

Particular attention should be paid to ensuring that all workers understand that work-related psychosocial risks arise from exposure to psychosocial risk factors, and the nature of those factors.

2. Information, consultation and participation as referred to in paragraph 1 should concern, in particular:

–(b) the design, planning and implementation of preventiverisk measuresassessment preventive and actionremedial plans;measures;

4.3. ParticipationThe shallparticipation of workers referred to in paragraph 1 should take place in good time and in a meaningful manner, allowing workers and/orand their representatives to contribute to decision-making and the development of appropriate measures.measures, while respecting the organisation of work and established decision-making structures.

5. The provisions of this Article shall apply without prejudice to national laws and practices concerning information, consultation and participation of workers.

National health and safety bodies may also be invited by the employer to participate in the consultation processes, where appropriate, with a view to implementing solutions addressing detected or identified risks.

CHAPTER V

Workers and their representatives, where all internal procedures have been exhausted, should also be entitled to appeal, in accordance with national law and practice, to the authority responsible for safety and health protection at work if they consider that the measures taken and the means employed by the employer regarding work-related psychosocial risks including algorithmic management systems , are inadequate for the purposes of ensuring safety and health at work.

ENFORCEMENT, INSPECTIONS AND SANCTIONS

4. In accordance with Article 11 of Directive 89/391/EEC, workers and their representatives should have the right to make proposals relating to safety and health at work, including measures to address work-related psychosocial risks.

Article 17

Recommendation 14

Member States shallshould ensure that labour inspection authorities are provided with adequate powers, as well as the necessary training, expertise, tools and resources in the fieldto ofaddress work-related psychosocial risks, including with view to identifying, assessingassessing, investigating and investigatingmonitoring obligations concerning the effective prevention and combatting of these risksthose effectively.risks.

Article 18

Recommendation 15

Legal presumption and Burden of proof

Education and training

1. Member States shall ensure that, where a worker establishes facts from which it may be presumed that they have been exposed to work-related psychosocial risk factors and have suffered a health impairment compatible with such exposure, it shall be presumed that the impairment is work-related.

Member States should develop education and training programmes related to psychosocial risks at work, allowing management, occupational health services and all relevant occupational health professionals to receive adequate, continuous and multidisciplinary training on psychosocial risks at work, including their identification, assessment, prevention and management, so that they have the necessary knowledge and capabilities.

2. In such cases, the burden of proof shall shift to the employer, who shall demonstrate that:

Recommendation 16

(a) appropriate preventive measures were taken in accordance with this Directive; and

Legal presumption

(b) the health impairment is not linked to working conditions.

1. Member States should ensure that, where a worker establishes facts indicating exposure to work-related psychosocial risk factors and an injury or damage to health consistent with such exposure, it is presumed that the impairment is work-related, unless the employer demonstrates that the injury or damage to health is not linked to the worker’s working conditions.

3.2. Member States may provide for more favourable provisions,provisions for workers, including mechanisms for the alleviation of the burden of proof.proof subject to legal certainty and the prevention of abusive and manifestly ill-founded claims.

Article 20

Member States should ensure that effective data is collected for the purpose of monitoring trends in work-related psychosocial risks. The data should be prepared in accordance with Regulation (EU) 2016/679 and should be regularly reported to the bodies referred to in the first paragraph.

Sanctions

Member States should also promote the involvement of stakeholders, in particular social partners, in collecting and monitoring data regarding work-related psychosocial risks and effectiveness of subsequent measures at national level.

Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

Recommendation 18

CHAPTER VI

Implementation and enforcement

FINAL PROVISIONS

The proposal should provide that the Commission, Member States, their national competent authorities and the social partners cooperate, share best practices in order to build capacities, and ensure effective implementation and enforcement.

Article 21

The proposal should provide that Member States, also when implementing this proposal, take adequate measures, in accordance with their national law and practice, to ensure the effective involvement of the social partners, including through collective bargaining, and to promote and enhance social dialogue.

Non-regression

Recommendation 19

Implementation of this Directive shall not constitute grounds for reducing the level of protection already afforded to workers.

Non-regression and more favourable provisions

This Directive shall not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.

This proposal should not constitute valid grounds for reducing the level of protection already afforded to workers within Member States.

Article 22

The proposal should not affect Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions and should not affect the social partners’ prerogative to conclude and apply collective agreements which are more favourable to workers.

Implementation

1. Member States shall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners and to promote and enhance social dialogue with a view to implementing this Directive.

2. Member States may entrust the social partners with the implementation of this Directive where the social partners jointly request to do so and provided that Member States take all steps necessary to ensure that they can at all times guarantee the results sought under this Directive.

3. The autonomy of the social partners is to be respected. Member States should be able to allow the social partners, under specific conditions, to maintain, negotiate, conclude and enforce collective agreements which differ from certain provisions of this Directive, while respecting the overall protection of workers.

Article 23

Transposition

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its entry into force. They shall communicate to the Commission the text of the main measures of national law which they adopt in the field covered by this Directive.