Appointing a Confidential Advisor in Amsterdam

Appointing a Confidential Advisor in Amsterdam

In Amsterdam, where diverse work environments flourish, appointing a confidential advisor is essential for employers to foster a safe and inclusive work climate, particularly in addressing sexual harassment. This independent figure supports employees facing unwanted behavior such as bullying, discrimination, or sexual harassment, and serves as a confidential point of contact within the company.

Why Appoint a Confidential Advisor in Amsterdam?

Under Dutch labor law, which applies in Amsterdam, the role of a confidential advisor is crucial for preventing psychosocial workload (PSA), including sexual harassment. By appointing such a person, employers in Amsterdam's vibrant economy demonstrate their commitment to a culture of respect and safety. This not only supports affected employees but also enhances overall well-being in the workplace. In cases of sexual harassment at work in Amsterdam-based companies, this role provides an accessible avenue for help without immediately involving the perpetrator or supervisor.

The benefits extend far: it builds trust in the organization, reduces the risk of legal disputes, and promotes a more efficient work environment. Studies from the Ministry of Social Affairs and Employment (SZW) show that only 20% of victims in the Netherlands report incidents to their employer, often due to the lack of a safe reporting channel. In Amsterdam, a confidential advisor can increase this by ensuring strict confidentiality and seeking local advice from the Legal Aid Office Amsterdam for additional support.

Legal Basis for Appointing a Confidential Advisor in Amsterdam

Although appointing a confidential advisor is not a strict legal requirement, it stems from general obligations under labor law that apply to Amsterdam employers. The Working Conditions Act (Arbowet, articles 3 and 13) requires a Risk Inventory and Evaluation (RI&E) for PSA, such as sexual harassment, which must include preventive measures like a confidential advisor. The Occupational Health and Safety Regulations (article 2.1) demand policies on aggression, violence, and intimidation, where a confidential advisor fits in.

The Equal Treatment Act based on gender and sexual orientation (article 7:611a of the Civil Code) obliges employers to prevent discrimination and intimidation. This can be explicitly regulated in collective labor agreements or through the works council (OR), as per the Works Councils Act (WOR, article 27). For Amsterdam organizations with more than 50 employees, it is common to appoint a confidential advisor to comply with occupational health regulations, possibly in consultation with the Municipality of Amsterdam for local guidelines. Failure to comply can result in fines from the SZW Inspectorate or liability in cases before the Amsterdam District Court.

How to Appoint a Confidential Advisor in Amsterdam?

Appointing a confidential advisor in an Amsterdam context requires a careful process to ensure independence and effectiveness. Here's a practical guide:

1. Assess the needs: Conduct a RI&E to determine if a confidential advisor is necessary, considering the size of your Amsterdam-based company and risks such as sexual harassment in dynamic sectors.
2. Select the right person: Choose someone with empathy, impartiality, and knowledge of labor law. This could be an internal colleague (outside the complainant's hierarchy) or an external specialist. Training is essential; consider certifications through the National Network of Confidential Advisors or local Amsterdam workshops.
3. Create regulations: Establish duties, confidentiality, and procedures in a document, approved by the works council, with references to local resources like the Legal Aid Office Amsterdam.
4. Communicate widely: Inform employees via intranet, team meetings, and posters in Amsterdam offices about the role and how to make contact.
5. Follow up and adjust: Evaluate the effectiveness annually and make improvements as needed, possibly with input from the Municipality of Amsterdam.

For small Amsterdam businesses (fewer than 10 employees), an external confidential advisor through an occupational health service is a cost-effective option.

Rights and Duties of the Confidential Advisor in Amsterdam

A confidential advisor in Amsterdam has specific rights and duties to operate effectively. Rights include:

• Access to confidential details from reporters.
• Protection against sanctions by the employer (no dismissal for performing duties, as per WOR article 28).
• The option to seek external help, such as advice from the Legal Aid Office Amsterdam.

Duties include:

• Maintaining confidentiality, except in cases of immediate danger (e.g., criminal offenses like rape, then referring to the police).
• Providing impartial guidance and directing individuals to authorities such as the police, Amsterdam District Court, or an internal committee.
• Reporting trends anonymously to the employer for better prevention.

In Amsterdam's practice, the confidential advisor acts as a supporter, not an investigator. In cases of sexual harassment, they assist with building a complaint but formal steps go through the employer or local authorities.

Practical Examples of a Confidential Advisor in Action in Amsterdam

Suppose an employee at an Amsterdam tech company experiences sexual harassment from a colleague. They approach the confidential advisor, who listens, validates their feelings, and explains options, such as reporting to a committee or the Legal Aid Office Amsterdam. The advisor recommends anonymity and helps document the incidents without sharing names. Ultimately, the employer initiates an investigation, leading to the perpetrator's suspension and mandatory training for the team, aligning with Amsterdam's standards of inclusivity.

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