Whistleblower and Reporting Procedure in Rijswijk
A whistleblower brings wrongdoings within an organisation to light. Legislation provides protection against adverse consequences.
Who is a Whistleblower?
A whistleblower is a person who reports (suspected) irregularities within a company or institution, internally or to an external authority.
Which Irregularities Can Be Reported?
- Financial fraud or corruption
- Risks to the environment or public health
- Violation of laws and regulations
- Misleading authorities
- Safety risks
Protection of the Reporter
The Whistleblower Protection Act (2023) ensures that reporters are not disadvantaged by:
- Termination of employment or suspension
- Demotion or forced transfer
- Bullying or intimidation
- Other negative consequences
Internal Procedure for Reports
Companies with at least 50 employees are required to have an internal procedure for reports.
External Reporting
If an internal report is not feasible or yields no result, an external report can be made to bodies such as the House for Whistleblowers or the competent supervisory authority.
Legal basis: Whistleblower Protection Act
Relevant bodies in Rijswijk: For legal support, you can contact the Juridisch Loket Rijswijk. Disputes can be submitted to the District Court of The Hague (district).
Frequently Asked Questions about Whistleblowing
When am I considered a whistleblower?
You are regarded as a whistleblower as soon as you report a suspicion of a wrongdoing, internally or externally, for example to the House for Whistleblowers. This concerns serious issues such as fraud or safety risks. Evidence is not required, but your report must be made in good faith. Protection applies from the moment of reporting.
What to do if I suffer detriment from my employer after a report?
If you experience adverse consequences after a report (such as dismissal or intimidation), you can raise this with the House for Whistleblowers for investigation or mediation. You can also take legal action through the court. The law provides a right to protection and possibly compensation. Keep evidence such as correspondence or witness statements.
Is an internal reporting procedure mandatory for my employer?
Yes, companies with 50 or more employees must have an internal reporting procedure with a clear procedure and protection for the reporter. Smaller organisations are encouraged to do so. Ask your employer about the specific guidelines if you want to report something.
Can I report a wrongdoing anonymously?
Yes, anonymous reporting is often possible, both internally and externally. However, this can complicate the investigation. The House for Whistleblowers offers options for anonymity, but bear in mind that anonymous reporters may sometimes enjoy less legal protection.
What happens after my report of a wrongdoing?
After your report, an investigation is started by the organisation or an external body such as the House for Whistleblowers. You will receive updates on the progress and results. During this process, you are protected against adverse consequences. If the wrongdoing is confirmed, appropriate measures are taken, and you will receive feedback within a reasonable period (often three months).
Can I be a whistleblower as a self-employed person?
Yes, self-employed persons (zzp’ers) can also report wrongdoings within organisations where they work. However, the Whistleblower Protection Act primarily focuses on employees, which means legal protection for self-employed persons is more limited. The House for Whistleblowers can still provide advice and support.