As of 1 December 2023, all employers with 50 or more employees are required to appoint a confidential counsellor from among their staff.

The confidential counsellor plays an essential role in listening, informing and advising… This person plays an important front-line role in the informal internal procedure for dealing with discrimination, violence or harassment in the workplace, enabling solutions to be sought in an informal and confidential manner. The compulsory appointment of at least one internal confidential counsellor ensures that workers always have access to a support person with sufficient knowledge of the company’s structure, operations and culture.

It is not enough for the employer to arbitrarily designate a confidential counsellor in order to meet his or her obligations.

In order to guarantee the neutrality of the confidential counsellor, the following persons may not be appointed to carry out this role:

• Prevention consultants/occupational physicians;
• Employer or staff representatives (or candidates for this position in social elections) on the Works Council (CE) and/or the Committee for Prevention and Protection at Work (CPPW);
• Trade union delegates;
• Management personnel.

When the employer appoints one (or more) confidential counsellor(s), it must obtain the agreement of all the members representing the workers on CPPW. If no agreement is reached, the employer must seek the opinion of the Inspection Service for the Control of well-being of workers in the performance of their work before making a decision. If the employer does not follow the Inspection Service’s advice, it must inform the CPPW of the reasons for making such a decision.

Once designated, the contact details of the confidential counsellor must not only appear in the work regulations, but also be easily accessible to workers by being published in a relevant place (notice board, intranet, etc.). The Code on well-being of workers in the performance of their work requires that the confidential counsellor be trained within two years of their appointment.

Employers who fail to comply with the obligation to appoint a trustworthy person are liable to criminal and administrative penalties of between 200 and 4,000 euros.

For further information, please contact Mr Carl VANDER ESPT