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The study focuses on the analysis of national legislation and best practices across the EU Member States that address health and safety requirements for the protection of mental health at work. The study reveals that efforts at EU and national level are currently insufficient to protect employees from psychosocial risks. EU-level legislation on work-related psychosocial risks is therefore needed to set the minimum health and safety requirements for mental health at work. This would compel Member States to take action to protect employees and to ensure minimum standards and equality across the EU.