Cross-border behavior and integrity issues: legal obligations at a glance

It is expected that having a trustee will become mandatory for all organizations. This bill is currently being debated in the second chamber. Already, the Social Affairs and Employment Inspectorate checks to see if there is a properly trained confidential advisor. What other legal obligations are there in this area? We list it for you.

Cross-border behavior in the workplace

Every employer is obligated under the Occupational Health and Safety Act to have a PSA policy that focuses as much as possible on optimal psychological-social working conditions, including the prevention of transgressive behavior in the workplace. Legally mandatory for every employer is:

• A Risk Inventory & Evaluation (RI&E).
• A Plan of Action
• Review of both by certified occupational health and safety service or core expert depending on number of employees (> 25 employees)

In addition to the RI&E and the Plan of Action, as an organization you should:

• Be able to draft a code of conduct for (un)desired manners.
• Be able to appoint a confidential advisor, preferably external.
• Be able to establish a grievance procedure.
• Conduct additional research if needed.
• Provide shelter, counseling and aftercare for victims of transgressive behavior.

An initiative bill is currently pending which will make the appointment of an (external) confidential advisor mandatory regardless of the size of the company or organization. It is expected that this bill, whether in amended form or not, will be adopted and that the appointment of an (external) confidential advisor will be made mandatory.

Integrity issues in the workplace

The House of Whistleblowers Act will be replaced by the Whistleblower Protection Act effective Feb. 18, 2023. The changes are as follows:

• Prohibition of approaching reporters (employees, officials, self-employed, volunteers, interns, job applicants, contractors, shareholders, directors and suppliers, those who assist reporters, internal investigators and concerned third parties.
• Burden of proof on employer that detriment did not result from report.
• Indemnification of the reporter in legal proceedings.
• Internal reporting scheme.
• Reporting directly externally to an external confidential advisor is always possible.
• Specific protection of the reporter’s identity applies to all reports, including to employers and other competent authorities
• Strict requirements for internal reporting procedure; possibility of written and oral reporting, acknowledgement of receipt, feedback, record keeping requirement.
• Specific requirements for external reporting procedure; possibility of written and oral reporting, acknowledgement of receipt, feedback, obligation to register, designation of responsible and adequately trained personnel, sufficient information about the procedure and protection on the website, obligation to evaluate procedures.
• Protection of reporters of suspected wrongdoing, work-related reports of suspected violation or risk of violation of Union law or risk of violation of a legal requirement or internal rules of an employer involving a social interest.
• Definition of detriment: any form of detriment such as suspension, dismissal, demotion, withholding of promotion, reduction in pay, change of work location, negative evaluation, written reprimand, discrimination, harassment, exclusion, libel, slander.

Organizations with more than 50 employees must adapt their internal procedure for reporting wrongdoing to the new law by Dec. 17, 2023. Organizations with more than 250 employees must already comply now. Organizations with fewer than 50 employees will also have to prepare an internal reporting procedure as a result of the EU directive if they are organizations operating in the areas of financial services, products and markets, prevention of money laundering and terrorist financing, civil aviation, maritime labor and port state control, and offshore oil and gas activities.