What does the law say about confidential advisors?
The Dutch Working Conditions Act (Arbowet) requires employers to have a policy in place to tackle psychosocial workload — workload, aggression, bullying, discrimination and sexual harassment. Appointing a confidential advisor is one of the measures employers can take to meet this obligation.
In 2023 the House of Representatives adopted a bill that enshrines the right of access to a confidential advisor in law. The bill makes it mandatory for employers with more than ten employees to make at least one confidential advisor available.
The Senate still has to approve the proposal. But the direction is clear: a confidential advisor is becoming the standard, not the exception.
When is a confidential advisor mandatory?
Here's where things stand today. The Working Conditions Act requires employers to take measures against inappropriate behaviour at work. How you do that is, in principle, up to the employer. But the Labour Inspectorate is increasingly looking specifically at whether a confidential advisor is in place.
The forthcoming bill makes things more concrete. The obligation applies to organisations with more than ten employees. Smaller organisations are encouraged to arrange it too, but aren't legally required to.
Beyond the law: many sectors and funders already require a confidential advisor as a condition. In the cultural sector, where I do a lot of my work, it's increasingly a requirement for grant applications and festival permits.
During festivals I also work as a confidential advisor. Crew and volunteers can come to me throughout the event. Because the pressure during build-up, breakdown and show days can be intense, I can create space for those who need it — for instance by going for a walk together so someone can get things off their chest about the last few days or nights.
Is a confidential advisor mandatory for volunteers?
This is a question I get a lot, especially from festivals and events that work with large groups of volunteers. The Working Conditions Act in principle applies to employees, but the legislator has made it clear that volunteers also have the right to a safe working environment.
In practice that means: if you work with volunteers, it's wise to make a confidential advisor available to them too. It's a matter of good employership, and it stops volunteers from having nowhere to turn when problems arise.
Internal or external: which is better?
Organisations can choose between an internal confidential advisor (someone from within) or an external confidential advisor (an independent professional from outside).
An internal advisor knows the organisation well, but can be perceived as less independent. There's always a collegial relationship, which makes it harder for some employees to open up fully.
An external advisor deliberately sits outside the organisation. That makes it easier to speak in confidence, without worrying about what happens with your story inside the organisation. Many organisations these days choose a combination: an internal advisor for day-to-day accessibility, and an external one for situations that call for extra independence.
Want to know more about the role? Read my article: What does a confidential advisor do?
What do you need to arrange as an organisation?
If you decide to appoint a confidential advisor (or the law requires you to), there are a few things to put in place:
- Choose between internal, external or a combination. Think about what fits the size and culture of your organisation.
- Set up a complaints procedure. A confidential advisor works best within a broader policy. Document how reports are handled and what steps an employee can take.
- Make the advisor visible. There's little point having one if no one knows about it. Actively communicate who it is, how to get in touch, and what people can expect.
- Involve the works council. The works council has consent rights when it comes to appointing a confidential advisor and adopting the complaints procedure.
- Evaluate annually. How many reports were there? Are employees aware? Is the arrangement working? An annual review keeps it alive.
What does an external confidential advisor cost?
Costs for an external confidential advisor vary, depending on the size of the organisation and the arrangement you make. I work with an annual retainer that guarantees availability, combined with an hourly rate for actual conversations.
For smaller organisations (up to 50 employees) you can expect a retainer between €1,000 and €3,000 per year, with hours for conversations on top. Many external advisors also offer an introductory conversation to see whether the fit is right.
Need help setting up a confidential advisor?
Are you in HR, on the board, or organising an event, and want to know how to do this properly? I'd be glad to think along. As an external confidential advisor I help all kinds of organisations make social safety concrete.
Get in touch for a no-strings conversation. We can talk through what you need and how I can support you.