Since the passage of the Whistleblower Protection Act, it is clear that reports of inappropriate behavior can also be whistleblower reports. For example, if the unwanted behavior makes employees feel less safe, it affects multiple people and there is a pattern or structure. Mariëtte Hamer, the government’s commissioner for sexually undesirable behavior, therefore recommends that all reports go through a one-stop shop. Outside the Netherlands, it has been common for decades that reports of undesirable behavior are filed through the whistleblower procedure. Whistleblower statistics indicate that more than 50% of reports are about undesirable behavior. This is also our experience.
State Secretary Nobel recently released a bill for consultation that aims to reduce undesirable behavior. After all, the percentage of employees reporting unwanted behavior is high. This is evident not only from reports that are actually filed, but also from surveys, investigations and incidents that end up in the public eye. As a result, the National Action Program to Address Sexual Transgressive Behavior and Sexual Violence was launched, and it is now leading to this bill. According to the secretary of state, the code of conduct is an effective and easily accessible measure to combat undesirable behavior. It provides clarity and is a means of engaging in workplace discussion about what exactly is desirable and undesirable behavior.
The proposal takes the form of an amendment to the Working Conditions Act. Employers are already required by this law to provide a safe work environment. In such an environment, psychosocial workload (PSA) is prevented or reduced. This involves stress that arises as a result of undesirable behavior or work pressure. Bullying, aggression, violence, discrimination and sexual harassment are different forms of undesirable behavior.
Comments can still be made on the consultation regarding the bill until March 23. According to the proposal, in the Code of Conduct:
- Record what constitutes undesirable behavior, including examples.
- The options for support for employees and employers are described, for when they encounter undesirable behavior
- Indicate the measures and sanctions that follow violation of the code of conduct
- The position of the person employees can contact with questions and comments should be named.
Although the law does not prescribe how to prevent or limit PSA, the appointment of confidants and the establishment of a grievance procedure and a complaints committee are considered good practices. Some time ago, the House of Representatives passed a bill requiring employers of 10 or more employees to appoint a confidential advisor. That proposal has not yet passed the Senate. But now there would be an additional requirement for this group of employers to establish a code of conduct on undesirable behavior. In the future, the Labor Inspectorate is going to make sure that this actually happens.
Comments on the consultation can still be made until March 23.
