The concepts of ‘mental health in the workplace’ and ‘psychosocial risks’: A clarification from a legal perspective

Since the consecutive Swedish, Spanish and Belgian Presidencies of the EU Council in 2023 and 2024, the European Commission was under the pressure to introduce a legal initiative on mental health at work and/or psychosocial risks. However, for proper legal treatment of the subject, it is necessary to clarify the distinction between the concepts of ‘mental health at work’ and ‘psychosocial risks’. These are complex issues for stakeholders and lawyers. Indeed, they are underpinned by assumptions and values that may differ, which calls for a clarification.