When a confidential counsellor is mandatory
Article 32sexies of the Well-being at Work Act requires the employer to appoint one or more confidential counsellors, with the prior agreement of all employee representatives on the Committee for Prevention and Protection at Work. Since 1 December 2023, that duty does not apply to employers with fewer than 50 employees, unless a request is made. At least one confidential counsellor comes from the company's own staff from 50 employees, or from 20 employees if the psychosocial prevention adviser comes from an external service.
Exceptions
Even without a confidential counsellor, every employer has a psychosocial prevention adviser; in smaller companies that adviser comes from the external service. Managers, the occupational physician and members of the works council, the Committee or the union delegation may not be a confidential counsellor.
What is the risk?
Not appointing a confidential counsellor from your own staff when required, or not appointing one after such a request, is a level 3 offence under Article 122/3 of the Social Criminal Code: an administrative fine of € 1,000 to € 10,000.
What to do
From 50 employees, appoint a confidential counsellor from your own staff, with the agreement of the employee representatives. If you are smaller, work through the psychosocial prevention adviser of your external service and appoint a confidential counsellor as soon as a request comes in.
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Sources
Every amount and deadline on this page was checked against these official sources, last consulted on .