Jan Dop

partner

Jan is a specialist in employment law and corporate law

jan.dop@russell.nl
+31 20 301 55 55

Personnel: Do you have a reporting regulation for whistleblowers? This is required from 1 July!

Publication date 30 June 2016

Have you introduced a whistleblowers regulation already? From 1 July 2016 you are required to do so. The following will inform you of what this requirement means exactly.

luidklok-social-media.d9cd13

From 1 July 2016, each 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? Or would you like to know what requirements you, as an employer, have to fulfil? We will gladly assist you! Please contact Russell Advocaten:

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    Legislative proposal for greater security for flex workers

    The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?

    Read more

    Statutory minimum hourly wage

    The statutory minimum hourly wage changes every six months. What are the new amounts as of 1 July 2025?

    Read more

    Contract termination: survival clauses

    If a contract has ended, there may still be obligations you want your contract partner to fulfil, such as warranties or confidentiality. You can regulate this through survival clauses. What should you look out for when including such clauses?

    Read more

    Is an appointment decision required to be a statutory director?

    A director under the articles of association is appointed by an appointment decision by an authorised body. What might be the consequences if this decision was not established in writing?

    Read more

    Employee or self-employed? When is someone an entrepreneur?

    With the Dutch Tax and Customs Administration again enforcing the Deregulation of Assessment of Employment Relationships Act (DBA Act), these questions have become even more important. In a recent ruling on Uber drivers, the Supreme Court provided additional guidance on how to determine whether someone is a self-employed person.

    Read more

    Poor performance dismissal: 7 steps for expats and employers

    If employers want to terminate the employment of an employee for poor performance, they need to take a number of steps before they are allowed to do this. Which actions do they have to take? What issues should expats take into account?

    Read more