Appointing a Confidential Advisor in Rotterdam

In the vibrant work environment of Rotterdam, appointing a confidential advisor is essential for employers to promote a safe and inclusive climate, particularly in combating sexual harassment. This neutral figure supports employees facing inappropriate behavior, such as bullying, discrimination, or sexual harassment, and serves as a confidential point of contact within the company, tailored to the diverse Rotterdam labor market.

Why Appoint a Confidential Advisor in Rotterdam?

Under Dutch employment law, the role of a confidential advisor is crucial for addressing psychosocial workload (PSA), including sexual harassment. In Rotterdam, with its multicultural port businesses and dynamic sectors, employers demonstrate commitment to respect and safety by making such an appointment. This not only supports victims but also enhances overall workplace well-being. Specifically for sexual harassment in the workplace, it provides an accessible route for help without immediately approaching the perpetrator or manager, aligning with the city's inclusive culture.

The benefits extend far: it builds trust in the organization, reduces legal risks, and boosts productivity. Studies from the Ministry of Social Affairs and Employment (SZW) show that only 20% of victims report complaints to their employer, often due to the lack of a safe channel. A confidential advisor in the Rotterdam context can increase this by ensuring strict confidentiality and seeking local advice from the Juridisch Loket Rotterdam for additional support.

Legal Basis for Appointing a Confidential Advisor

While appointing a confidential advisor is not strictly mandatory, it stems from general employment law requirements. The Arbowet (Working Conditions Act, 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 Arboregeling (article 2.1) calls for policies against aggression, violence, and intimidation, where this role fits in.

The Wet gelijke behandeling op grond van geslacht en seksuele gerichtheid (Equal Treatment Act based on gender and sexual orientation, article 7:611a of the Civil Code) obliges employers to prevent discrimination. It can be established in collective labor agreements or through the works council (OR), as per the Wet op de Ondernemingsraden (Works Councils Act, article 27). For Rotterdam businesses with more than 50 employees, compliance with occupational health regulations is standard, especially in sectors like logistics. Non-compliance can result in fines from the SZW Inspectorate or cases before the Rechtbank Rotterdam.

How to Appoint a Confidential Advisor in Rotterdam?

The process for appointing a confidential advisor should be handled carefully to ensure independence, while considering the local Rotterdam diversity. Here's a practical guide:

Assess the need: Conduct a RI&E, taking into account Rotterdam-specific risks such as those in multicultural teams or port work.
Select the candidate: Choose someone with empathy, impartiality, and knowledge of local employment law. Internal or external options work; training through networks like the National Network of Confidential Advisors is recommended, possibly supplemented with input from the Municipality of Rotterdam.
Establish regulations: Outline duties, privacy, and procedures in a document, approved by the works council.
Communicate internally: Share information via intranet, team meetings, and posters, emphasizing Rotterdam's inclusive approach.
Monitor and evaluate: Review the impact annually and adjust based on local feedback.

Small Rotterdam businesses (fewer than 10 employees) can opt for an external advisor through an occupational health service, which is efficient and cost-effective.

Rights and Duties of the Confidential Advisor

The confidential advisor has certain rights and duties to fulfill their role effectively. Rights include:

Access to confidential complaint information.
Protection against sanctions by the employer (Works Councils Act, article 28, including dismissal protection).
Option to seek external help, such as advice from the Juridisch Loket Rotterdam.

Duties include:

Maintaining confidentiality, except in cases of imminent danger (e.g., criminal offenses like rape).
Providing unbiased advice and referrals to authorities like the police or commissions, including local options such as the Rechtbank Rotterdam.
Reporting trends anonymously to the employer for improved prevention.

In Rotterdam's practice, the confidential advisor acts as a supporter, not an investigator. In cases of sexual harassment, they assist with complaint preparation, while formal steps go through the employer.

Practical Examples of a Confidential Advisor in Action in Rotterdam

For instance, an employee in a Rotterdam logistics company experiences sexual harassment from a colleague. They contact the confidential advisor, who listens, validates their emotions, and explains options, such as reporting to a commission or police. While maintaining anonymity, the advisor helps document the incidents. Ultimately, the employer initiates an investigation, leading to the perpetrator's suspension and team training, in line with the port city's emphasis on safety.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.