Research has shown that over a million Dutch people have experienced bullying, (sexual) intimidation, discrimination and aggression at work. Nobody seems to be able to drastically reduce unwanted behaviour in the workplace. A member of the Dutch Tweede Kamer, Maatoug (Groenlinks-PvdA) hopes to change this with her initiative proposal to amend the Working Conditions Act (in Dutch: Arbeidsomstandighedenwet) and make a confidential counselor mandatory at work.
The proposal
The proposal requires employers to appoint a confidential counselor so that unwanted behaviour in the workplace can be reduced and a safe working environment is created for all employees. This may also be an external confidential counselor who is not employed himself by the company. This accommodates small companies that do not have the option to appoint an internal confidential counselor. The obligation to appoint a confidential counselor does not apply to employers with less than 10 employees.
The confidential counselor’s duties
According to the proposal, the Working Conditions Act will include a number of basic tasks for the confidential counselor, such as:
- Receiving, guiding and advising the employee and, if necessary, referring them to a professional assistance agency.
- If necessary, involving an expert or mediator in conflicts related to unwanted behaviour.
- Identifying problems in the implementation of the company’s policy and providing information about the possibilities for preventing and combating unwanted behaviour.
- Providing an annual report of findings to the employer and the works council or employee representation.
The confidential counselor must have sufficient expertise and experience and must be supported in their duties by the employer. The proposal also stipulates that the employer is obliged to guarantee the independent position of the confidential counselor and that the confidential counselor is able to perform their role independently. In addition, the confidential counselor has a duty of confidentiality at all times.
The proposal allows employers to properly arrange the appointment of said counselor. The proposal has been adopted by the Tweede Kamer and is ready for review and assessment by the Eerste Kamer.
Need advice?
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