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Do you employ staff? Whistleblowers will have better protection when they report:
- suspected misconduct
- violation of European Union law
Whistleblowers who have been wronged will no longer have to prove that they were disadvantaged because of their report. The burden of proof shifts to the employer. The employer will have to prove the disadvantage is not related to the reporting of the (suspected) misconduct or violation.
Do you employ more than 50 people? You are obliged to have a notification procedure in place. This notification procedure will be subject to stricter requirements.
- companies employing staff
This change in the Whistleblowers Protection Act (previously Dutch Whistleblowers Authority Act) is expected to enter into force on 17 December 2021.
Please note: The effective date of this measure is not yet final. Entry into force is subject to its passing through the upper and lower houses of parliament or proclamation of the Order in Council (Algemene Maatregel van Bestuur, AMvB) or ministerial decree and publication in the Staatsblad or Staatscourant(Government Gazette, in Dutch).