Several employment-related provisions have been introduced by the Act of 5 November 2023, one of which is to strengthen the presence of a person of trust ("vertrouwenspersoon" / "personne de confiance") within the company as a preventive and supportive measure to deal with psychosocial risks at work.
From 1 December 2023:
- For employers with 50 or more employees, the appointment of a person of trust is mandatory.
- For employers with less than 50 employees the appointment of a person of trust is not mandatory unless all members of the employer's trade union delegation, or in the absence of a trade union delegation, all employees request for the appointment.
- The person of trust must belong to the employer's personnel:
- for employers with 50 or more employees;
- for employers with 20 or more employees, if an external prevention advisor psychological aspects is used.
- If requested, employers with less than 20 employees can choose between an internal or external person of trust.
Non-compliance is subject to criminal or administrative fines.
Three points of action for employers
- Verify if a person of trust should be appointed.
- Determine which person will be appointed as person of trust.
- Verify if the appointed person of trust has completed the mandatory training within two years of being appointed.
If you have any questions about the health and safety rules, our dedicated team of employment lawyers will be happy to help.