Appointing a Confidential Advisor in Tilburg

Appointing a Confidential Advisor in Tilburg

In Tilburg, appointing a confidential advisor is essential for local employers to promote a safe work environment, particularly in combating sexual harassment. This neutral figure supports employees experiencing 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 Tilburg?

Under Dutch employment law, the role of a confidential advisor is key in preventing psychosocial workload (PSA), which includes sexual harassment. By designating such a person, Tilburg employers demonstrate their commitment to a respectful and safe workplace. This not only assists affected employees but also enhances overall well-being in the workplace. Especially in Tilburg, with its thriving SMEs and healthcare sector, it provides an easy route for seeking help with sexual harassment at work, without immediately approaching the perpetrator or manager.

The benefits extend far: it builds trust in the organization, reduces the risk of legal disputes, and boosts productivity. Research from the Ministry of Social Affairs and Employment (SZW) shows that only 20% of victims file a complaint with their employer, often due to the lack of a safe channel. A confidential advisor in Tilburg can increase this by offering strict confidentiality, and seeking local advice from the Tilburg Legal Aid Office can aid in implementation.

Legal Basis for a Confidential Advisor in Tilburg

While appointing a confidential advisor is not strictly mandatory, it stems from general employment law requirements. The Working Conditions Act (Arbowet, articles 3 and 13) requires a Risk Inventory and Evaluation (RI&E) for PSA, including sexual harassment, with preventive measures such as a confidential advisor. The Working Conditions Regulation (article 2.1) calls for policies against aggression, violence, and intimidation, into which this role fits.

The Equal Treatment Act on the Basis of Gender and Sexual Orientation (article 7:611a of the Civil Code) obliges employers to prevent discrimination and harassment. This can be established in collective labor agreements or through the works council (OR), as per the Works Councils Act (WOR, article 27). For Tilburg companies with more than 50 employees, it is standard to comply with occupational health and safety regulations. Non-compliance may result in fines from the SZW Inspectorate or liability before the Zeeland-West-Brabant District Court in Breda. The Municipality of Tilburg provides support through local occupational health services for smaller businesses.

How to Appoint a Confidential Advisor in Tilburg?

Appointing a confidential advisor requires a careful process to ensure neutrality and effectiveness. Here is a practical guide for Tilburg employers:

1. Assess the need: Conduct a RI&E to determine if a confidential advisor is necessary, considering company size and risks in sectors like Tilburg's textile or healthcare industries.
2. Select the right person: Choose someone with empathy, impartiality, and basic knowledge of employment law. This could be an internal colleague (outside the complainant's hierarchy) or an external specialist. Attend training through regional networks; the National Network of Confidential Advisors offers local sessions.
3. Create a regulation: Outline duties, confidentiality, and procedures in a document, approved by the works council.
4. Inform the team: Share information via the intranet, Tilburg workshops, or posters about the role and contact options.
5. Follow up and improve: Evaluate the function annually and adjust based on feedback.

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

Rights and Obligations of the Confidential Advisor

A confidential advisor in Tilburg has clear rights and obligations for effective performance. Rights include:

• Access to confidential information from reporters.
• Protection against sanctions by the employer (no dismissal for duties, per WOR article 28).
• Option to seek external assistance, such as advice from the Tilburg Legal Aid Office.

Obligations include:

• Maintaining confidentiality, except in cases of imminent danger (such as criminal offenses like rape).
• Providing impartial counseling and referring to police or complaint bodies.
• Reporting trends anonymously to the employer for better prevention.

In practice, the confidential advisor supports without conducting investigations. In cases of sexual harassment, they assist with drafting complaints, but the official process goes through the employer or the Zeeland-West-Brabant District Court.

Practical Examples of a Confidential Advisor in Tilburg

Suppose an employee in a Tilburg healthcare institution experiences sexual harassment from a colleague. They turn to the confidential advisor, who listens, validates their feelings, and discusses options, such as reporting to a committee or police. With advice on anonymity and help in documenting incidents without sharing names, the employer ultimately initiates an investigation, resulting in the offender's suspension and team training through the Municipality of Tilburg.

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