Speak-up Policy Key to Workplace Safety in the Netherlands

Ensuring safety at work is fundamental for fostering a healthy and pleasant environment. Within such a setting, employees should feel free to be themselves and report any unsafe or undesirable incidents. Clear communications on whistleblower and speak-up policies help maintain organizational checks and balances and ensure that necessary information is shared appropriately.

Whistleblowing Regulations Increase Employers’ Accountability

Employers have a fundamental duty of care to ensure a safe and healthy working environment, as mandated by the Dutch Working Conditions Act. This duty encompasses addressing psychosocial work stress factors such as harassment, discrimination, bullying, and excessive work pressure. The European Corporate Sustainability Reporting Directive (CSRD) further underscores the importance of Environmental, Social & Governance reporting on aspects related to the working environment, diversity, discrimination, and the protection of whistleblowers.

Article 2.5.1 of the Dutch Corporate Governance Code explicitly holds the board responsible for maintaining social safety within the company. This includes ensuring that employees can discuss and report (suspicions of) workplace misconduct and irregularities. Additionally, both the board and the supervisory board must be alert to signals of (suspicions of) misconduct.

The EU Whistleblower Directive and the Dutch Whistleblower Protection Act, the latter of which took effect on Feb. 18, 2023, require companies to establish a reporting channel and procedure for suspected wrongdoing. This obligation already applied to employers with at least 50 employees. Now, it also applies to employers working in specific sectors (such as the financial services industry) regardless of the number of employees. Within groups, each legal entity with at least 50 employees must have its own internal reporting procedure. To further enhance workplace safety, the Proposal for Amendment of the Dutch Working Conditions Act aims to make the appointment of a confidential advisor mandatory.

The proposed legislation and the Whistleblower Protection Act aim to make workplaces safer, which in turn should increase employees’ willingness to report any unsafe or undesirable incidents. The CSRD’s reporting requirements can also raise awareness internally and externally. Additionally, organizations are increasingly acknowledging that fostering a safer working environment can positively impact business performance, including employee productivity.

A Speak-Up Policy Goes Beyond Compliance

A speak-up policy is about empowering individuals, aligning policies, and streamlining processes to ensure all voices are acknowledged.

The true effectiveness of legislative developments hinges on practical implementation. Organizational culture influences how secure people feel and their expectations when reporting issues. A successful speak-up culture relies on clear policies that guide behavior and facilitate the voicing of concerns. Simply having a policy addressing workplace misconduct without sufficient employee awareness can be inadequate and potentially disadvantageous for the employer. It is essential to inform and train employees. Specific measures include appointing a confidential advisor and adopting a speak-up policy. Managers bear an additional responsibility: ensuring that boundaries are clearly defined and respected while promoting open discussions within their teams.

Organizational Benefits of a Speak-Up Culture

If whistleblower protection is restricted to official reports within formal procedures, then whistleblower regulations will cover only part of the necessary communications. For example, there should not be any gaps if the whistleblower communicates evidence of misconduct in a bilateral meeting rather than through a formal report. All forms of communication contribute to maintaining organizational checks and balances.

Recognizing the potential advantages of a speak-up culture is also important. Creating an environment where employees feel comfortable reporting issues can lead to the early detection and prevention of misconduct. It can also enhance overall trust and transparency within the organization. This transparency allows organizations to address issues promptly, reduce risks, and create a more inclusive work environment. Additionally, it can minimize the chances of reputational damage or legal actions while also boosting the company’s employee engagement and productivity.

Maartje Govaert and Daniël Kuiper are attorneys with NautaDutilh in Amsterdam. © 2025 NautaDutilh. All rights reserved. Reposted with permission of Lexology.