Who may you designate as an internal confidential adviser?

Is it obligated?

Appointing a confidential adviser is a legal obligation for organisations with 50 or more employees. Do you employ sex workers? If so, you are always required to appoint a confidential adviser, regardless of the number of employees you have.

Fewer than 50 employees? Even then, the role is worth its weight in gold for the psychosocial well-being in your workplace. If a colleague has a problem that weighs on their performance, the confidential adviser is a neutral contact point.

Firstly, for a confidential discussion, but also for advice, mediation, or possible referral. With a confidential adviser, problems usually come to light faster, before they have a chance to escalate.

Neutral position is crucial

Your confidential adviser must be able to take a neutral position, both towards the other employees and towards you, the employer. Therefore, an employee may not be a confidential adviser if they…

• …belong to the managerial staff (with the exception of confidential advisers designated before 1/9/2014).

• …occupational physician.

• …are a member of the trade union delegation – membership of a trade union is not a problem.

• …are an employer or employee representative in the works council or committee (CPPW).

• …are a candidate for the social elections.

What about HR staff?
They are not prohibited from being confidential advisers. Note: HR staff have access to a lot of confidential data through their job. So it can be sensitive to combine both roles. On the other hand, you can appoint your internal prevention adviser as a confidential adviser without any problems. Of course, they must then also follow the compulsory basic training.

Personal characteristics

"The advisor’s personality is an important criterion in their appointment. A hefty dose of empathy and a warm demeanour are indispensable", says psychosocial prevention adviser Christopher Henrotte. "After all, those qualities help employees find the confidence to freely express their emotions. In addition, when conflicts arise, confidants should listen impartially to everyone's side of the story. Only then will they create a safe environment in which employees can step back and consider possible solutions”.

"Finally, confidential advisors should be emotionally strong enough to handle the possible issues. They come into contact with a whole range of different situations. The key then is to guard your own boundaries”.

No definite job description

A confidential adviser has no fixed tasks. As an accessible point of contact, they are first and foremost a listening ear for the colleague who entrusts them with a problem. Such a conversation in private often works wonders in itself. Furthermore, the confidential adviser may also give advice and, if necessary, mediate or refer the colleague to someone else for a solution.

Because of their specific role, your confidential adviser has a good overview of the kind of problems that arise in the workplace. Reporting this to the psychosocial well-being prevention adviser therefore provides valuable input for your well-being policy.

Last but not least, the confidential adviser must remain independent of the colleague who confides in them. Moreover, they have a strict duty of confidentiality, also towards you, the employer.

Selection procedure

The appointment of a confidential advisor is made using a specific procedure. Accordingly, there should be consensus around the person who will take up the role. The workers' delegation in the Committee for Prevention and Protection at Work (CPPW) must provide its agreement to this. 

If they fail to reach a decision, the Workplace Welfare Inspectorate will mediate and advise. If that also fails to provide a solution, the final decision lies with the employer. If they choose not to follow the inspectorate's advice, the employer will inform the CPBW of the reason.

Compulsory training

Your confidential adviser will be confronted with a wide range of problems – and must respond appropriately. A basic education is therefore mandatory in order to provide professional support to the employee(s) involved. Annual refresher training is also required.