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Will appointing a trustee become mandatory in 2024?

Recently, there have been a number of reports again showing that the feeling of safety in the workplace is not doing too well. According to the government, the appointment of a confidential advisor is a powerful tool against undesirable behaviour in the workplace and with this, the management of an organisation can show that they take workplace safety seriously. So what is the status of the initiative bill; will the appointment of a confidential advisor become mandatory in 2024? And what can you do in anticipation of this law in the meantime?

Need for Mandatory Confidential Advisors

The private member’s bill is before the Upper House, where the government’s answers to the questions raised were received on 26 September 2023 and they are now awaiting the memorandum of reply to the report by initiator Maatoug (Green Left-PvdA). The government stresses that the proposal is not only desirable but also necessary. A confidant is an essential and low-threshold facility to which employees can confidentially turn for relief, guidance, and information. In principle, the confidant contributes de-escalation and can promote solutions at an early stage, including advising employers and employees on prevention.

Social costs of undesirable behaviour

Despite various initiatives, the percentage of employees reporting unwanted behaviour remains high. In 2021, as many as 30.4% of employees experienced it, according to the government’s answers to parliamentary questions. The social costs, such as absenteeism days, are significant. The bill aims to set a clear standard that contributes to prevention and allows employees to receive relief and counselling.

Embedding in National Action Programme

The proposal for mandatory confidential counsellors is part of a broader package of measures within the National Action Programme on Tackling Sexual Transgressive Behaviour and Sexual Violence. It is seen as a crucial step in creating a safe working environment and reducing undesirable behaviour in the workplace. This bill underlines the recognition of the crucial role of confidential counsellors as a cornerstone of a preventive and supportive policy against undesirable behaviour in the workplace. The government stresses that the proposal is a necessary step to ensure a healthy working environment and provide employees with the right support.

From this, we can conclude that it is highly likely that this bill will be passed and that the appointment of a trustee will become mandatory in 2024.

What does recent research show?

Recent reports FNV report Cross-Border Behaviour and Commission van Rijn. The need for attention to a safe working environment is underlined by the recently published report ‘Niets gehoord, niets gezien en niets gedaan’ (Nothing heard, nothing seen and nothing done) by Commission van Rijn and the previously published FNV report Cross-Border Behaviour. Both reports show that it is precisely many managers who are guilty of undesirable behaviour and that an unsafe working environment is created not only by undesirable behaviour by colleagues, but also by an environment that watches, a manager who allows it, an employer who does not intervene and supervision that fails.

“Make talking about desired manners and holding each other accountable for undesirable behaviour the new normal”

What can you do right now?

Make desired manners discussable in your organisation and put it back on the agenda. That is the most important step to prevent undesirable behaviour. Review the code of conduct with your employees; what does it actually say and does it describe how we want to treat each other? And how would we like to address each other on behaviour we don’t like? Is this something you could discuss with your manager? Would it be nice to discuss things in confidence with an independent person, a confidential advisor? What happens when undesirable behaviour is discussed and what would one want to happen?

On this basis, the code of conduct can be adapted and agreements made on how your organisation deals with complaints or reports. This not only creates clarity but also has a preventive effect. Thus, discussing desired manners and calling each other to account for undesirable behaviour becomes the new normal. Our external confidential counsellors can help you with this.

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