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Appointing a Confidential Adviser in Den Haag

Discover how employers in Den Haag appoint a confidential adviser to prevent sexual harassment. Local tips via Juridisch Loket Den Haag and Rechtbank Den Haag.

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Appointing a Confidential Adviser in Den Haag

In Den Haag, as a vibrant city with many government institutions and international organizations, appointing a confidential adviser is essential for employers to promote a safe working environment. This independent figure supports employees who are confronted with unwanted behavior, such as bullying, discrimination, or sexual harassment, and serves as a confidential point of contact within the company.

Why appoint a confidential adviser in Den Haag?

Within Dutch labor law, with particular relevance to the working environment in Den Haag, the role of a confidential adviser is key in addressing psychosocial workload (PSA), including sexual harassment. By appointing such a person, employers in Den Haag demonstrate their commitment to fostering a culture of respect and safety, which is crucial in sectors like diplomacy and local government. This not only supports affected employees but also improves overall workplace well-being. Especially in cases of sexual harassment at work, this role provides an easy entry point for help, without immediately needing to approach the perpetrator or supervisor.

The benefits extend far: it builds trust in the organization, reduces the risk of legal disputes at the Rechtbank Den Haag, and promotes a more efficient work environment. Studies from the Ministry of Social Affairs and Employment (SZW) show that only 20% of victims of sexual harassment file a complaint with their employer, often due to the lack of a safe channel. A confidential adviser in Den Haag can increase this by offering strict confidentiality and referring individuals to local support services like the Juridisch Loket Den Haag.

Legal basis for appointing a confidential adviser in Den Haag

Although appointing a confidential adviser is not a strict legal requirement, it stems from general obligations under labor law. The Working Conditions Act (Arbowet, articles 3 and 13) requires a Risk Inventory and Evaluation (RI&E) for PSA, including sexual harassment, where measures like appointing a confidential adviser are recommended. The Arboregeling (article 2.1) calls for policies against aggression, violence, and intimidation, into which a confidential adviser fits, especially in high-pressure organizations in Den Haag.

The Act on Equal Treatment on Grounds of Sex and Sexual Orientation (article 7:611a BW) also obliges employers to prevent discrimination and intimidation. This can be formalized in collective labor agreements or through the works council (OR), as per the Works Councils Act (WOR, article 27). For businesses in Den Haag with more than 50 employees, compliance with occupational health and safety regulations is standard; non-compliance can result in fines from the Inspectorate SZW or lead to cases at the Rechtbank Den Haag. The Municipality of Den Haag also provides guidelines for local employers.

How to appoint a confidential adviser in Den Haag?

Appointing a confidential adviser in a Den Haag context requires a careful process to ensure neutrality and effectiveness. Here's a practical guide:

  1. Assess the need: Conduct a RI&E, taking into account Den Haag-specific risks such as those in multicultural teams or government roles, with a focus on sexual harassment.
  2. Select the person: Choose someone with empathy, impartiality, and knowledge of local labor law. This could be an internal colleague (outside the complainant's hierarchy) or an external specialist. Follow training through networks like the National Network of Confidential Advisers, or local sessions in Den Haag.
  3. Create regulations: Document responsibilities, confidentiality, and procedures in a policy, approved by the works council, with references to the Juridisch Loket Den Haag for advice.
  4. Communicate widely: Reach employees via intranet, Den Haag workshops, or posters, and explain how to make contact.
  5. Follow up and evaluate: Conduct annual reviews to optimize the role, adapting to the dynamic Den Haag job market.

For small Den Haag businesses (fewer than 10 employees), an external confidential adviser through an occupational health service is a cost-effective option, often in collaboration with the Municipality of Den Haag.

Rights and duties of the confidential adviser in Den Haag

A confidential adviser in Den Haag has certain rights and duties to perform their role effectively. Rights include:

  • Access to confidential information from reporters.
  • Protection against sanctions by the employer (no dismissal for carrying out duties, as per WOR article 28).
  • The option to seek external help, such as advice from the Juridisch Loket Den Haag.

Duties include:

  • Maintaining confidentiality, except in cases of imminent danger (such as criminal offenses like rape, then referring to the police).
  • Providing unbiased guidance and directing individuals to local authorities like the Rechtbank Den Haag or a commission.
  • Reporting trends anonymously to the employer for better prevention in the Den Haag context.

In practice, the confidential adviser 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 the Juridisch Loket Den Haag.

Practical examples of a confidential adviser in action in Den Haag

Suppose a civil servant at the Municipality of Den Haag experiences sexual harassment from a colleague. They share this with the confidential adviser, who listens, validates their feelings, and discusses options, such as making an anonymous report to a commission or the police. The confidential adviser helps document incidents without revealing names and refers them to the Juridisch Loket Den Haag if needed. Outcome: the employer initiates an investigation, resulting in the offender's suspension and team training on workplace safety.

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