Not yet, but soon it probably will be. A confidential counsellor (“vertrouwenspersoon”) can be an employee of the organization, or can be an external confidential counsellor.
The bill was passed in 2023
In 2023, the GroenLinks bill (introduced by members Maatοug & Renkema in 2020) making the appointment of a confidential advisor mandatory was passed in The House of Representatives. The Council of State has published a positive opinion. The Upper House has not yet considered it, but the government is now convinced that the change in the law is coming soon in The Netherlands: “Confidenitial counsellor to become mandatory“.
Why was this bill introduced?
Volgens de indieners:
Over a million in The Netherlands people face bullying, (sexual) harassment, discrimination and aggression at work. However, there is still insufficient success in reducing undesirable behaviour in the workplace. With this private member’s bill, the initiator wants to give every employee a legal right of access to a confidential advisor. In addition, the position of the confidant in the organisation will be strengthened. The bill contributes to reducing undesirable behaviour in the workplace and creating a safe working environment for all employees….
Which companies will this law apply to?
Companies with 10 or more employees.
Why an external confidential counsellor?
The bill also explicitly adds the possibility of appointing someone from outside the organisation as a confidential advisor (“[An external confidential counsellor] can be a way out especially for small organisations that cannot arrange this internally.”). I think there are more and better reasons to get someone from outside your company to take on this role.
More independent and objective
Employees often find it more comfortable if they can talk to an outsider about sensitive issues affecting colleagues. Especially in smaller organisations. An internal confidant can sometimes be seen as more biased – no matter how independent they act. Employees often feel safer discussing sensitive issues with someone who has no direct connection to their managers or colleagues.
Lower threshold to take action
The threshold for reporting unwanted behaviour is lower when employees know they are speaking to an independent professional. This often provides an additional sense of security, and earlier intervention often saves a lot of costs.
More experience and specific expertise
External confidential counsellors often specialise in dealing with complex social issues, conflicts, and grievance procedures. They have experience in a wide range of situations and can offer effective strategies.
Employees appreciate it
Hiring an external confidential advisor shows that a company is serious about the welfare of its employees and is committed to a safe and ethical working environment. This is good for the employer’s image.
Cost saving
By often intervening earlier, long-term conflicts, sick leave, legal proceedings and reputational damage can often be avoided. This can result in considerable cost savings. There is also no need to train someone within the organisation if an external confidential counsellor is chosen.
Want to know more?
I would be happy to help you with more information on what a confidential counsellor does, or give tips if you have a difficult “case” within your company. Please get in touch.
I do my work as a confidential advisor online. After thousands of video calls, I am now convinced that I can create a more confidential environment online (most of the employees I speak to do so from home). I can also work more efficiently online and therefore offer a substantially lower rate (€100 per hour) than my colleagues.