Confidential Counselor
Initiative Bill 35592 to amend the Working Conditions Act
The confidential counselor ...
Initiative bill "Mandatory Confidential Counselor Act"
Amendment to the Working Conditions Act (e.g. Arbowet) regarding confidential counselors
In formal parliamentary documents, this bill is registered as:
- Parliamentary Document 35592 ("Maatoug's bill")
with an underlying Explanatory Memorandum that justifies and explains the amendment.
This bill aims to add Article 13a to the Working Conditions Act (Arbowet), which explicitly defines the role of the confidential counselor.
The bill was submitted by Member of Parliament Senna Maatoug (GroenLinks) and, as stated in the Explanatory Memorandum, was co-sponsored in the House of Representatives.
This is a member's bill, meaning that it was not submitted directly by the cabinet, but was drafted by Members of Parliament themselves.
- Parliamentary Document 35592 ("Maatoug's bill")
with an underlying Explanatory Memorandum that justifies and explains the amendment.
This bill aims to add Article 13a to the Working Conditions Act (Arbowet), which explicitly defines the role of the confidential counselor.
The bill was submitted by Member of Parliament Senna Maatoug (GroenLinks) and, as stated in the Explanatory Memorandum, was co-sponsored in the House of Representatives.
This is a member's bill, meaning that it was not submitted directly by the cabinet, but was drafted by Members of Parliament themselves.
What exactly does the bill regulate?
The key points of the bill include:
a) Appointment Obligation
Employers with 10 or more employees are legally required to appoint one or more confidential counselors (internal or external).
b) Statutory Duties
The bill includes obligations such as:
c) Positioning and Expertise
The bill also regulates criteria for the independence, expertise, and positioning of the confidential counselor.
d) Participation
The works council or employee representative body will have the right to approve:
The key points of the bill include:
a) Appointment Obligation
Employers with 10 or more employees are legally required to appoint one or more confidential counselors (internal or external).
b) Statutory Duties
The bill includes obligations such as:
- providing access to employees experiencing undesirable behavior;
- support, guidance, and advice from the confidential counselor;
- referral to support services if necessary;
- advice to the employer on preventing and addressing undesirable behavior;
- reporting to the employer and employee participation bodies (e.g., Works Council).
c) Positioning and Expertise
The bill also regulates criteria for the independence, expertise, and positioning of the confidential counselor.
d) Participation
The works council or employee representative body will have the right to approve:
- the selection of the confidential counselor;
- their positioning;
- the extension and termination of their appointment.
What does this mean in practice as of 2026?
- The Working Conditions Act itself does not yet require a confidential counselor as of January 2026: employers are only required to implement a policy against psychosocial work pressure (PSW).
- The proposed amendment would explicitly state that employers with 10 or more employees must appoint a confidential counselor (internal or external); therefore, mandatory.
- Because the law has not yet entered into force, it is currently not legally required to appoint a confidential counselor.
- In the meantime, organizations are strongly advised to ensure a well-established confidential counselor position in anticipation of this amendment, partly in view of:
- the obligations in PW policy under the current Working Conditions Act,
- the signaling role of confidential counselors in social safety,
- the changing societal and legal focus on unacceptable behavior, and
- the increasing expectation that the law will enter into force soon.
Why was this bill submitted?
The Explanatory Memorandum to the bill emphasizes that:
In short: the bill aims not only to formalize the position but also to enshrine the right to social safety in the work environment.
The Explanatory Memorandum to the bill emphasizes that:
- Access to a confidential counselor in cases of undesirable behavior is not yet a self-evident right for all employees;
- A legal obligation significantly strengthens the position of the confidential counselor and their level of familiarity;
- This amendment can reduce feelings of insecurity, reduce absenteeism, and promote social safety.
In short: the bill aims not only to formalize the position but also to enshrine the right to social safety in the work environment.
Conclusion
Bill: member's bill (35592) to amend the Working Conditions Act*
Submitted by: Members of Parliament, including Senna Maatoug (GroenLinks)
Content: Mandatory appointment of a confidential counselor for organizations with ≥10 employees + statutory duties and position
Status: Passed in the House of Representatives; still pending in the Senate; not yet in effect
Effect: Not currently legally required, but expected to be soon
Practical tip: Organizations are wise to appoint an independent confidential counselor now to properly fulfill PSA obligations and anticipate the law
Bill: member's bill (35592) to amend the Working Conditions Act*
Submitted by: Members of Parliament, including Senna Maatoug (GroenLinks)
Content: Mandatory appointment of a confidential counselor for organizations with ≥10 employees + statutory duties and position
Status: Passed in the House of Representatives; still pending in the Senate; not yet in effect
Effect: Not currently legally required, but expected to be soon
Practical tip: Organizations are wise to appoint an independent confidential counselor now to properly fulfill PSA obligations and anticipate the law
Finally
No one should feel unsafe or alone in their work or care environment. As an LVV-Certified Confidential Counselor, I offer a safe place where you can talk and work together to find a suitable way forward. You don't have to do it alone. Feel free to contact me.
No one should feel unsafe or alone in their work or care environment. As an LVV-Certified Confidential Counselor, I offer a safe place where you can talk and work together to find a suitable way forward. You don't have to do it alone. Feel free to contact me.