Sofiane fasts during the month of Ramadan. During this period, he prefers to use his lunch break to rest in his office, rather than having lunch with his colleagues as he does the rest of the year. His employer criticizes him for isolating himself and no longer participating in team meals. Can he be criticized for fasting?

What does the law say?

The practice of fasting for religious reasons is part of religious freedom. However, in the context of salaried employees, the question of compatibility between fasting and professional activities arises each year.

Fasting for religious reasons falls under the freedom of religion, guaranteed by international texts as well as the Belgian Constitution and labor legislation.

Article 19 of the Constitution states that

“Freedom of worship, its public practice, and freedom to demonstrate one’s opinions on all matters are guaranteed, except for the repression of offenses committed in the exercise of these freedoms.“

Article 9 of the ECHR states that

“Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance“.

Furthermore, the law on employment contracts of July 3, 1978 states in its Article 20, 5° that the employer has the obligation “to give the worker the necessary time to fulfill the duties of his religion, as well as the civic obligations resulting from the law“.

The anti-discrimination law of May 10, 2007 also prohibits any unjustified distinction based on religion in the professional environment. Refusing a reasonable accommodation related to fasting, without valid reason, could be considered discriminatory. (See practical guide).

The employer therefore cannot prohibit an employee from fasting nor force them to break their fast. Such an injunction would constitute an infringement of religious freedom and could be sanctioned.

What should I do?

• Communicate the current legislation to the employer.
• Contact the union delegation, the Committee for Prevention and Protection at Work (CPPT) or any other worker representative in your company in case of disputes.
• Contact UNIA to report discrimination.
• Contact the CCIE’s legal department, which will support you at every stage.

Applicable references:

• Article 19 of the Belgian Constitution
• Article 9 of the ECHR
• Articles 17 and 20 of the law on employment contracts of July 3, 1978.
• Law of May 10, 2007 to combat certain forms of discrimination.