The Federal Council of Ministers approved a new legislative proposal requiring organisations with 50 or more employees to appoint a confidential adviser. That proposal has yet to pass the Council of State for its opinion before taking effect.

Until now, the law has stated that an internal confidential adviser is strongly recommended. But to improve well-being in the workplace, Labour Minister
Pierre-Yves Dermagne tabled a legislative proposal to make the appointment of a confidential adviser compulsory for companies with 50 or more employees. Under the proposal, the employer and employees will determine who takes on this role. 
 

The Federal Council of Ministers approved the legislative proposal on 16 June 2023. Once the Council of State also gives the green light, the new law will enter into force. 

What do our experts think of this legislative proposal​?

“Confidential advisers are an important, pivotal figure in well-being at work.
They resolve conflicts, offer support in case of difficulties, and notice distress signals early,” says Heidi Henkens, Prevention Adviser for Psychosocial Aspects. “Appointing a confidential adviser is a crucial step towards an optimal well-being policy, it is important that the confidential adviser is given the mandate by the employer to ensure that employees continue to feel good in the organisation.
It is therefore necessary to think carefully about who will take on this role internally.”
 

Did you know…

confidential advisers are required to undergo basic training? This gives them the necessary skills to react correctly to various psychosocial risks in the workplace. Moreover, confidential advisers are required by law to undergo annual refresher training. 

For organisations with fewer than 50 employees, the appointment of a confidential adviser remains recommended. However, the new draft law does state that they too are obliged to employ a confidential adviser if all members of the union delegation or – in the absence of a union delegation – all employees request it.