Complaints Committee for complaints concerning harassment
Every Institute or company in the Netherlands has the legal obligation not to tolerate harassment of students, employees or others by other students, employees or others who have a commitment to the institute or company. Within the company there has to be free access to counselors and Complaints Committee. There is a Complaints Committee to which a person who has been subjected to harassment may submit a complaint.
The Empathy.nLaw Complaints Committees we supply meet the highest requirements according to the law.
The Complaints Committee perform their tasks in such a way that the privacy of the persons who submit a Complaint, as well as that of any other people involved, is guaranteed. In the execution of their tasks they must maintain strict confidentiality regarding all those involved. The Complaints Committee reports exclusively to the Executive Board and the person who complains (complainant / plaintiff) and the defendant.
The Complaints Committee appoints one of its members as its Secretary.
Complaints Committee does not initiate any action other than the investigation of the Complaint.
The tasks of the Complaints Committee includes the following:
referring the person who complaints to her/him about harassment, to professional support outside the Company.
providing the Executive Board with solicited and unsolicited advice in the area of prevention of harassment within the Company.
The Complaints Committee submit an annual report to the Executive Board and Works Council on the number and nature of the cases handled. This reports contains no names, initials or other indications which could lead to the identification of those concerned.
The Complaints Committee has three members. At least one of the members must be an expert who is not an employee of the Company. This member is the Complaints Committee's Chairperson and has to be a jurist / have LLM degree. The Works Council are given the opportunity to recommend candidates to the Executive Board for these positions.
For every member of the Complaints Committee a replacement is appointed. The procedure described for the members applies.
The Executive Board appoints the members of the Complaints Committee, after consultation with the Works Council, for a five-year term of office. When appointing the first member, the Executive Board may deviate from this rule in order to prevent all members having to be replaced simultaneously. Re-appointment is possible. The Executive Board supplies a waiver to the members for issuing a summons / subpoena the members as a witness in juridical procedures.
The appointment as a member terminates before the end of the five-year term on the grounds of termination of employment or of long-term disability. Moreover, the Executive Board can terminate the appointment of a member on the grounds of malfunctioning as a member, after permission of the unanimous decision of all other members of Complaints Committee and after consultation with the Works Council. If a member is appointed in an interim vacancy, the term of office of this member is equal to the remainder of the term of office of the member whose appointment has terminated.
The member of the Complaints Committee, the persons who turn to them, and any other people involved, insofar as they are employed at or by the Company, are permitted to do the necessary work within office hours and on full pay.
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