Whistleblower and Reporting Procedure in Zoetermeer
A whistleblower brings misconduct within an organisation to light. Legislation provides protection against adverse consequences.
What does Whistleblower mean?
A whistleblower is a person who reports (suspected) irregularities within a company or institution, internally or to an external authority.
Types of Misconduct
- Financial fraud or bribery
- Risks to the environment or public health
- Breach of laws and regulations
- Fraud towards supervisory authorities
- Threat to safety
Protection for Whistleblowers
The Whistleblower Protection Act (2023) ensures that reporters are not disadvantaged by:
- Termination of employment contract or suspension
- Demotion or forced transfer
- Intimidation or exclusion
- Other adverse treatments
Internal Procedure for Reporting
Companies with 50 or more employees are required to have an internal reporting procedure.
External Reporting
If an internal report is not feasible or yields no result, an external report can be made to the House for Whistleblowers or the competent authorities.
Legal basis: Whistleblower Protection Act
Local support: For legal advice in Zoetermeer, you can contact the Juridisch Loket Zoetermeer. Disputes fall under the District Court of The Hague.
Frequently Asked Questions about Whistleblowing
When am I considered a whistleblower?
You are a whistleblower as soon as you report a suspicion of misconduct within your organisation or to an external party such as the House for Whistleblowers. This concerns serious matters such as corruption or safety risks. Proof is not required, but your report must be made in good faith. Protection applies immediately from the report.
What if my employer disadvantages me after a report?
If you experience adverse consequences after a report (such as dismissal or bullying), you can raise this with the House for Whistleblowers. They can initiate an investigation or mediate. You can also take legal action through the court. The law provides a right to protection and possible compensation. Document everything, such as correspondence or witness statements.
Is an internal reporting procedure mandatory for my employer?
Yes, organisations with 50+ employees must have an internal reporting procedure under the law. This includes a clear approach for reporting misconduct and protecting the reporter. Smaller companies are encouraged to do so as well. Ask your employer about the specific guidelines.
Can I report misconduct anonymously?
Yes, anonymous reporting is often possible, both internally and externally. However, this can complicate the investigation. The House for Whistleblowers and some internal procedures support anonymity. Note: anonymous reporters may enjoy less legal protection because their identity is not established.
What follows after reporting misconduct?
After your report, an investigation is started by the organisation or the House for Whistleblowers. You will receive updates on the progress and results. During this process, you are protected against disadvantage. If the misconduct is confirmed, appropriate steps are taken. Feedback usually follows within three months.
Can I be a whistleblower as a self-employed person?
Yes, freelancers can also report misconduct within organisations where they work. However, the Whistleblower Protection Act primarily focuses on employees. Freelancers can seek advice from the House for Whistleblowers, but the legal protection is more limited.