Whistleblower and Reporting Procedure in Westland
A whistleblower is someone who exposes irregularities within an organisation. The law provides protection against adverse consequences.
What does whistleblowing entail?
A whistleblower is a person who reports (suspected) misconduct within a company or institution, internally or to an external authority.
Which irregularities fall under this?
- Financial malversations and bribery
- Risks to health or the environment
- Breach of legislation
- Misleading supervisory authorities
- Threat to public safety
Protection of Reporters
The Whistleblower Protection Act (2023) ensures that reporters are not disadvantaged by:
- Termination of employment contract or suspension
- Demotion or forced relocation
- Intimidation or exclusion
- Other negative consequences
Internal Procedure for Reporting
Companies with 50 or more employees are required to have an internal reporting procedure.
External Reporting
If an internal report yields no result or is not feasible, an external report can be made to the House for Whistleblowers or the competent authorities.
Legal basis: Whistleblower Protection Act
Relevant authorities in Westland: Juridisch Loket Westland, District Court of The Hague (district)
Frequently Asked Questions about Whistleblowing
When am I considered a whistleblower?
You are considered a whistleblower as soon as you report a possible misconduct in your work environment or to an external party such as the House for Whistleblowers. This concerns serious issues such as corruption or violations of the law. Proof is not required, but your report must be made in good faith. The law protects you immediately after the report.
What to do if my employer disadvantages me after a report?
If you experience adverse consequences after a report (such as dismissal or bullying), you can contact the House for Whistleblowers for investigation and mediation. In addition, you can take legal action through the court. The law provides a right to protection and possibly compensation. Make sure to retain evidence such as correspondence.
Is an internal reporting procedure mandatory for my employer?
Yes, for organisations with 50+ employees, an internal reporting procedure is legally mandatory. This must provide a clear process for reporting misconduct with protection for 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 may complicate the investigation. The House for Whistleblowers offers options for anonymity, but bear in mind that as an anonymous reporter you may have less legal protection.
What happens after reporting misconduct?
After your report, an investigation is initiated by the organisation or the House for Whistleblowers. You will be informed about the progress and results. During this process, you are protected against detriment. If the misconduct is confirmed, corrective measures follow. Feedback is usually received within three months.
Can I be a whistleblower as a self-employed person?
Yes, self-employed persons (zzp’ers) can also report misconduct within an organisation where they work. However, the Whistleblower Protection Act primarily focuses on employees. Self-employed persons can seek advice from the House for Whistleblowers, but the legal protection is more limited.