From 1 July 2016, each Dutch company with a minimum of 50 employees is required to have a whistleblowers regulation. A whistleblowers regulation is a procedure on how to deal with internal reporting of suspicions of wrongdoing within a company.
Often, whistleblowers – persons who expose wrongdoings within organisations – experience negative consequences of their report. They are, for instance, dismissed or excluded by their colleagues. A whistleblowers regulation must therefore ensure safe reporting.
The whistleblowers regulations must contain the following:
- Who is the regulation meant for
- What can be reported
- Who can it be reported to
- What is the procedure
- That the whistleblower will be protected
You haven’t introduced a whistleblowers regulation yet? Make sure to do so from 1 July 2016. Please note:
- The works council has a right of consent regarding the establishment and modifications of the whistleblowers regulation
- You are required to provide your employees with a copy in writing or an electronic copy of the whistleblowers regulation
There are no fines or sanctions for not having a whistleblowers regulation. However, if your company does not have an internal regulation, the whistleblower will have to report to other authorities, involving the risk that media news on your company will be negative.
Do you have any questions regarding the whistleblowers regulation in the Netherlands? Or would you like to know what requirements you, as an employer, have to fulfil? We will gladly assist you! Please contact Russell Advocaten.