In this regulation, the following concepts are understood to mean
2.1 An employee can consult an advisor in confidence regarding a suspicion of misconduct.
2.2 In accordance with Paragraph 1, the employer can ask the confidential advisor for information, advice and support regarding the suspicion of misconduct.
2.3 In accordance with Paragraph 1, the employer can ask the Advice Department of the Dutch Whistleblowers Authority for information, advice and support regarding the suspicion of misconduct.
3.1 An employee with a suspicion of misconduct or irregularity within the organisation of their employer can report this to any supervisor that hierarchically occupies a higher position in the organisation than them. If the employee has a reasonable suspicion that the senior manager is involved in the suspected misconduct or irregularity, they can also report to the internal supervisory body. In that case, "the senior manager" should be read as "the internal supervisory body" in the rest of this regulation.
3.2 The employee can also report the suspicion of misconduct or irregularity within the organisation of their employer via the confidential advisor. The confidential advisor will, in consultation with the employee, send the report to a supervisor as intended in the previous paragraph, or to the internal supervisory body.
4.1 An employee of another organisation who has come into contact with the organisation of the employer in the context of their work and has a suspicion of misconduct within the organisation of the employer can report this to any supervisor that hierarchically occupies an equivalent or higher position than them in the organisation of the employer. If the employee of another organisation has a reasonable suspicion that the senior manager is involved in the suspected misconduct, they can also report to the internal supervisory body. In that case, "the senior manager" should be read as "the internal supervisory body" in the rest of this regulation.
4.2 The employee of another organisation as intended by the previous paragraph can also report the suspicion of misconduct within the organisation of the employer via the confidential advisor. The confidential advisor will, in consultation with the employee, send the report to a supervisor as intended in the previous paragraph, or to the internal supervisory body.
5.1 The employer will not disadvantage the reporter in relation to the reporting in good faith and proper fashion of a suspicion of misconduct or irregularity with the employer, another organisation, an external body as intended in Article 14 Paragraph 3 or an external third party as intended in Article 14 Paragraph 4.
5.2 Any disadvantage as intended in Paragraph one is in any case deemed to constitute a detrimental measure, such as:
5.3 A disadvantage as intended in Paragraph 1 is also understood to exist if there are reasonable grounds to address the reporter regarding their functioning or taking a detrimental measure toward them as intended in Paragraph 2, but the measure taken by the employer is not reasonably in line with those grounds.
5.4 If the employer proceeds to take a detrimental measure toward the reporter as intended in Paragraph 2 within a short time after a report occurs, they motivate why this measure is deemed necessary and that this measure does not relate to reporting a suspicion of misconduct or irregularity in good faith and in proper fashion.
5.5 The employer shall ensure that supervisors and colleagues of the reporter refrain from any form of detriment relating to reporting a suspicion of misconduct or irregularity in good faith and in proper fashion that impedes the professional or personal functioning of the reporter. This in any case includes:
5.6 The employer shall address employees who are guilty of detriment toward the reporter and can impose a warning or a disciplinary measure on them.
6.1 The designated contact person as intended in Article 9 Paragraph 6 immediately discusses, together with the reporter, what risks of detriment are present, how these risks can be reduced and what the employee can do if they feel they are being disadvantaged. The contact person ensures that this is recorded in writing and presents said writing to the reporter for approval and signing. The reporter will receive a copy of this.
6.2 If the reporter feels they are being disadvantaged, they can immediately discuss this with the contact person. The contact person and the reporter also discuss what measures can be taken to prevent detriment. The contact person ensures that this is recorded in writing and presents said writing to the reporter for approval and signing. The contact person will immediately send the report to the senior management. The reporter will receive a copy of this.
6.3 The senior management shall ensure that any measures needed to prevent detriment are taken.
7.1 The employer will not disadvantage the advisor employed by the employer for functioning as an advisor for the reporter.
7.2 The employer will not disadvantage the confidential advisor for performing the tasks described in this regulation.
7.3 The employer will not disadvantage the contact person for performing the tasks described in this regulation.
7.4 The employer will not disadvantage the investigators employed by the employer for performing the tasks described in this regulation.
7.5 The employer will not disadvantage an employee who is being interviewed by the investigators in the context of making a statement in good faith.
7.6 The employer will not disadvantage an employee for providing the investigators with documents that are important to the investigation in their reasonable opinion.
7.7 Article 5 paragraphs 2 through 6 apply mutatis mutandis to the detriment of the persons intended in paragraphs 1 through 6.
8.1 The employer will ensure that the information about the report will be stored in such a way that it is physically and digitally accessible only to those involved in the processing of this report.
8.2 Everyone involved in the processing of a report will not disclose the identity of the reporter without the express written consent of the reporter and will treat the information about the report confidentially.
8.3 If the suspicion of misconduct or irregularity is reported via the confidential advisor and the reported has not given permission to make their identity known, all correspondence regarding the report is sent to the confidential advisor and the confidential advisor will forward this to the reporter immediately.
8.4 Everyone involved in the processing of a report will not disclose the identity of the advisor without the express written consent of the reporter and advisor.
9.1 If the employee reports the suspicion of misconduct or irregularity to a supervisor orally or provides an oral explanation with a written report, this supervisor, in consultation with the reporter, shall ensure that this is recorded in writing, and provide this written record to the reporter for approval and signing. The reporter will receive a copy of this.
9.2 If the employee reports the suspicion of misconduct or irregularity via the confidential advisor orally or provides an oral explanation with a written report, this confidential advisor, in consultation with the reporter, shall ensure that this is recorded in writing, and provide this written record to the reporter for approval and signing. The reporter will receive a copy of this.
9.3 The supervisor who received the report will immediately forward the report to the senior management within the organisation of the employer.
9.4 If the reporter or the supervisor who received the report has a reasonable suspicion that the senior management is involved in the suspected misconduct or irregularity, the supervisor will immediately forward the report to the internal supervisory body within the organisation of the employer. In that case, "the senior manager" should be read as "the internal supervisory body" in the rest of this regulation.
9.5 The senior management immediately sends the reporter a confirmation that the report has been received. The receipt confirmation should in any case include a professional description of the report, the date on which it was received and a copy of the report.
9.6 After receiving the report, the senior management, in consultation with the reporter, will immediately assign a contact person for the purpose of combating the injustice.
10.1 The senior management will initiate an investigation into the reported suspicion of misconduct or irregularity, unless:
a. The suspicion is not based on reasonable grounds; or
b. It is clear in advance that the report does not relate to a suspicion of misconduct or irregularity.
10.2 If the senior management decides not to initiate an investigation, they will inform the reporter of this in writing within two weeks after the internal report. This should also make clear what the reason was for the senior management to judge that the suspicion is not based on reasonable grounds, or that it is clear in advance that the report does not relate to a suspicion of misconduct or irregularity.
10.3 The senior management assesses whether an external body as intended in Article 14 Paragraph 3 should be made aware of the internal report of a suspicion of misconduct. If the employer informs an external body, the senior management will send the reporter a copy of this, unless there are serious objections to this.
10.4 The senior management assigns the investigation to investigators who are independent and impartial, and in any case does not allow the investigation to be conducted by persons who may be or may have been involved in the suspected misconduct or irregularity.
10.5 The senior management immediately informs the reporter in writing that an investigation has been initiated and of whom is conducting the investigation. The senior management will send the reporter a copy of the investigation assignment, unless there are serious objections to this.
10.6 The senior management informs the persons to whom a report relates about the report and about informing an external body as intended in Paragraph 3, unless this may harm the investigation interest or the enforcement interest.
11.1 The investigators give the reporter the opportunity to be heard. The investigators ensure that this is recorded in writing and present said writing to the reporter for approval and signing. The reporter will receive a copy of this.
11.2 The investigators can also hear others. The investigators ensure that this is recorded in writing and present said writing to the person who was heard for approval and signing. The person who was heard will receive a copy of this.
11.3 The investigators can view and request all documents within the organisation of the employer they deem reasonably necessary for conducting the investigation.
11.4 Employees may provide the investigators with all documents they deem reasonably necessary for the investigators to take note of in the context of the investigation.
11.5 The investigators draft a concept investigation report and give the reporter the opportunity to comment on it, unless there are serious objections to this.
11.6 The investigators then establish the investigation report. They will send the reporter a copy of this, unless there are serious objections to this.
12.1 The senior management will inform the reporter about the substantive position regarding the reported suspicion of misconduct or irregularity within eight weeks after the report. It must also be indicated what steps the report has led to.
12.2 If it becomes clear that the position cannot be given within the set term, the senior management will inform the reporter of this in writing. It must then be indicated within what term the reporter should expect the position. If this causes the total term to be more than twelve weeks, it must also be indicated why a longer term is necessary.
12.3 After completing the investigation, the senior management assesses whether an external body as intended in Article 14 Paragraph 3 should be made aware of the internal report of a suspicion of misconduct and of the investigation report and the position of the employer. If the employer informs an external body, they will send the reporter a copy of this, unless there are serious objections to this.
12.4 The persons to whom the report relates are informed in the same wat as the reporter based on paragraphs 1 through 3, unless this may harm the investigation interest or the enforcement interest.
13.1 The employer gives the reporter the opportunity to respond to the investigation report and the position of the employer.
13.2 If the reporter, in response to the investigation report or the position of the employer, indicates that the suspicion of misconduct or irregularity has not actually or properly been investigated or if there are substantial inaccuracies in the investigation report or the position of the employer, the employer will respond to this substantively and initiate a new or additional investigation if necessary. Paragraphs 0 through 13 apply mutatis mutandis to this new or additional investigation.
13.3 If the employer informs or has informed an external body as intended in Article 13 Paragraph 3, they will also send the response of the reporter to the investigation report and the position of the employer intended for this to that external body. The reporter will receive a copy of this.
14.1 After internally reporting a suspicion of misconduct, the reporter can also report it externally if:
a. The reporter does not agree with the position as intended in Article 12 and is of the opinion that the suspicion has been set aside unjustly;
b. The reporter has not received a position within the term as intended in Article 12 Paragraph 1 or Paragraph 2.
14.2 The reporter can externally report a suspicion of misconduct directly if first submitting an internal report cannot be reasonably expected of them. This applies in any case if this flows from any statutory regulation or if there is:
b . Acute danger, whereby an important and urgent social interest necessitates immediate external reporting;bc. A reasonable suspicion that the senior management within the organisation of the employer is involved in the suspected misconduct;
d. A situation in which the reporter can reasonably fear countermeasures in connection with submitting an internal report;de. A clearly identifiable threat of embezzlement or destruction of evidence;
f. A previous report in accordance with the procedure of the same misconduct, which did not eliminate the misconduct;fg. A duty to directly report externally.
14.3 The reporter can submit the external report with an external body that, in the reasonable opinion of the reporter, is most eligible for this. An external body is in any case understood to mean:
a. a body charged with the investigation of criminal offenses;
b. a body charged with monitoring compliance with the provisions of or pursuant to any statutory provision;
c. another body authorised to do so where the suspicion of misconduct can be reported, such as the investigation department of the Dutch Whistleblowers Authority.
14.4 If, in the reasonable opinion of the reporter, the social interest outweighs the interest of the employer in secrecy, the reporter can also submit the report to an external third party they deem able to directly or indirectly resolve the suspected misconduct or have it resolved.
15.1 The reporter who claims there is detriment in connection with reporting a suspicion of misconduct can request that the senior management investigates the way in which they are treated within the organisation.
15.2 Articles 10 through 13 apply mutatis mutandis.
15.3 Paragraphs 1 and 2 apply mutatis mutandis to the persons intended in Article 7 paragraphs 1 through 6.
15.4 The reporter can also request that the investigation department of the Dutch Whistleblowers Authority initiates an investigation into the way the employer has behaved toward them in response to report of the suspicion of misconduct.
16.1 The senior management will ensure that this regulation is published on the intranet and made public on the website of the employer.
16.2 The senior management draws up an annual report regarding the policy surrounding handling reports of suspicion of misconduct and irregularities and how this regulation is implemented. This report must in any case include:
a. information about the policy surrounding handling reports of suspicion of misconduct and irregularities in the policy to be pursued in this regard in the coming year;
b. information about the number of reports and an indication of the nature of the reports, the outcomes of the investigations and the positions of the employer;
c. general information about the experiences with counteracting detriment toward the reporter;
d. information about the number of requests to conduct investigations into detriment relating to submitting a report of a suspicion of misconduct and an indication of the outcomes of the investigations and the positions of the employer.
16.3 The senior management sends the concept for the report as intended in the previous paragraph to the Works Council for discussion, after which this is discussed with the Works Council in a consultation meeting.
16.4 The senior management gives the Works Council the opportunity to make their position regarding the policy surrounding handling reports of suspicion of misconduct and irregularities, how this regulation is implemented, and the report known. The senior management will ensure that the position of the Works Council is included in the report, and will present this inclusion to the Works Council for approval.
17.1 This regulation enters into force on the date of signing.
17.2 This regulation is cited as the regulation for handling the report of a suspicion of misconduct or irregularity TecqGroep.
