Current laws and regulations

A Collective Labour Agreement (CAO) is a written agreement between employers and employee representatives that regulates the terms and conditions of employment for a group of employees. For the proactive confidential advisor, the CAO is not only a source of information but also a strategic compass offering insights into structural risks such as work pressure, financial stress, or unclear rights. Based on research into labor relations (Van der Heijden, 2021) and the role of financial stress in work experience (EU-OSHA, 2022), the confidential advisor takes on a broader role: identifying signals, connecting, and advising based on practical experience.

Only effective if you live it. On February 17, 2025, a legislative proposal was submitted that affects many organizations: employers with ten or more employees will be required to establish a code of conduct on unwanted behavior. This proposal, which involves an amendment to the Working Conditions Act (Arbowet), is now open for consultation until March 23. The intention is clear: it should become easier to recognize, address, and prevent unwanted behavior. The code of conduct should clarify what is and isn’t acceptable. But more importantly, it should lead to a culture where colleagues feel empowered to speak up and where there’s room for genuine conversation. Only… that doesn’t happen automatically.

The Employment Contracts Act (Civil Code, Book 7) regulates the rights and obligations of employers and employees. For the proactive confidential advisor, this Act provides not only a legal framework but also an opportunity to contribute preventively to awareness, dialogue, and the improvement of working relationships. Based on the JD-R model (Bakker & Demerouti) and HR best practices from Harvard Business Review, the proactive confidential advisor helps make complex legislation accessible to employees and advises HR and managers on structural bottlenecks.

The Equal Treatment Act prohibits discrimination on the basis of, among other things, gender, race, sexual orientation, age, disability, or religion. The Act provides an important foundation for social safety and fairness within organizations. For the proactive confidential advisor, this is not only a legal guideline but also a tool to address structural inequality and promote inclusion. Supported by reports from the Netherlands Institute for Human Rights (2022), the proactive confidential advisor actively focuses on detection, prevention, and policy advising.

The General Data Protection Regulation (AVG) governs the protection of personal data within the EU. As a proactive confidential advisor, you are not only a guardian of confidentiality but also a driver of a privacy-conscious organizational culture. AVG-compliance is not a checkbox, but a structural theme in your role as advisor, sparring partner, and prevention professional. Based on European AVG-regulations and best practices for confidential advisors (LVV, 2022), you promote awareness, data minimization, and clear communication about rights and obligations.

On June 17, 2025, the Social Affairs and Employment Committee of the Senate received a petition from the National Association of Confidential Advisors (LVV). With this petition, the LVV seeks attention and support for the Maatoug initiative proposal, which aims to make confidential advisors mandatory within organizations to better address boundary-crossing behavior.

The reporting code for domestic violence and child abuse is a legally mandated guideline for professionals in healthcare, education, and the social domain. For confidential advisors focused on prevention (proactive confidential advisors), the reporting code offers not only a course of action in acute situations but also entry points for prevention, awareness, and policy improvement. In line with guidelines from the Ministry of Health, Welfare and Sport (VWS) and research on psychosocial safety (Trimbos Institute), the proactive confidential advisor takes on a broader role: identifying signals, connecting stakeholders, and placing issues on the agenda.

The Whistleblowers Protection Act is intended to protect employees who report wrongdoing within their organization. As a proactive confidential advisor, you not only play a role in support and guidance, but also in prevention, information, and advising on policy and structure. In line with the recommendations of the Government Integrity Commission and the Whistleblowers Authority, you, as a proactive confidential advisor, help shape a safe reporting culture and provide input for the establishment of accessible procedures.

The Working Conditions Act (Arbowet) aims to create a safe and healthy work environment for employees. As a proactive confidential advisor, you not only contribute to identifying unsafe situations or psychosocial risks (PSA), but you also actively participate in policy development, evaluations, and preventive interventions within the organization. This redefined role is based on the Working Conditions Act (Articles 3 and 5) and supported by scientific studies on work-related stress and prevention, such as the JD-R model and publications from the Trimbos Institute and EU-OSHA.

The Works Councils Act (WOR) regulates the establishment and powers of the works council (OR) in organizations with 50 or more employees. The OR plays an essential role in employee participation, safeguarding employee well-being, and reviewing policy proposals. For the proactive confidential advisor, collaboration with the OR is not an exception, but a structural part of prevention, culture development, and policy advice. Supported by SER recommendations on employee participation and involvement (2022), the proactive confidential advisor acts as a link between employee signals and strategic decisions at the organizational level.