The draft legislation for the mandatory appointment of a confidential counsellor in organisations employing 50 or more employees will enter into force from the 1^st of December 2023. The person or persons appointed are not necessarily required to have already completed the prescribed training. It must be completed no later than two years after their appointment.
 

From now on, it will be mandatory for organisations with 50 or more employees to appoint a confidential advisor. A specific procedure has been established for this purpose. It is important that there is consensus regarding the person appointed. To this end the agreement of the Committee for Prevention and Protection at Work’s employee delegation is required.

What if it’s not possible to reach an agreement? In that case, the inspection service Supervision of Well-being at Work will intervene with the aim of reconciliation between the parties. If that does not provide a solution, the Inspectorate formulates an opinion, but the final decision is up to the employer. If this decision is not in line with the Inspectorate's opinion, the employer must inform the Committee of the underlying reason.
 

If several confidential advisors are appointed, at least one of them must be a member of the staff. This ensures that employees can speak to a confidential advisor who has sufficient knowledge of the company's structure, operations and culture.

Note: for organisations with fewer than 50 employees, the appointment remains optional but the same principle applies. When choosing a confidential advisor, someone from the own organisation should be selected in the first place. 

In the first instance, it does not matter whether the appointed confidential advisor has already followed the required training. The Code on Well-being at Work provides for a period of up to two years after the appointment to complete the training. Moreover, confidential advisors are required by law to undergo annual refresher training.

Heidi Henkens, Prevention Adviser for Psychosocial Aspects: “The decision on who to appoint as a confidential advisor should not be rushed. It may not be a formality but is an important aspect of the preventive approach to psychosocial risks in organisations. Mensura can provide support for selection interviews if there is more than one candidate. We have compiled a description of the role to provide some guidance in the selection process.”