Whistleblower policy

Pollux Personeelsdiensten B.V. believes it is important that employees be able to safely report suspected misconduct without fear of negative consequences.

In accordance with the Whistleblower Protection Act, Pollux Personeelsdiensten B.V. has established the reporting procedure set forth below and provided it to its employees. This procedure enables employees to report issues at an early stage and helps ensure that Pollux Personeelsdiensten B.V. responds appropriately.

In this context, Pollux Personeelsdiensten B.V. strives to foster an open culture in which integrity and holding one another accountable for behavior are encouraged and valued.

Article 1 – General Provisions

This reporting procedure is intended for reporting suspected misconduct, where the suspicion is based on reasonable grounds and the public interest is at stake. This reporting procedure is not intended for (individual) labor disputes, reporting personal grievances regarding matters related to work performed and/or compensation, expressing criticism of policy decisions made by Pollux Personeelsdiensten B.V., and/or seeking personal gain.

Article 2 – Definitions

For the purposes of this reporting procedure, the following terms shall have the following meanings:

1. employee: a person who performs or has performed work under an employment contract, or a person who performs or has performed work outside the context of an employment relationship;
2. employer: Pollux Personeelsdiensten B.V., which has work performed or has had work performed pursuant to an employment contract, or any person who has work performed or has had work performed outside the context of an employment relationship;
3. suspicion of misconduct: an employee’s suspicion that misconduct has occurred, provided that:
   1. the suspicion is based on reasonable grounds arising from knowledge the employee has acquired while working for his employer or has obtained through his work at another company; and
   2. The public interest is at stake in:
      • a violation of a legal provision;
      • a violation or a risk of violation of Union law;
      • a threat to public health;
      • a threat to the safety of persons;
      • a risk of environmental damage;
      • a violation of the employer’s internal rules;
      • a threat to the proper functioning of a public service or enterprise resulting from improper conduct or omission.
4. confidential advisor: a person designated to serve in that capacity for the employer’s company and whom an employee may consult in confidence regarding a suspected wrongdoing;
5. Chief Executive (General Manager): the body or person responsible for the day-to-day management of the employer’s business;
6. external authority: the authority that, in the reasonable judgment of the reporter, is best suited to receive the external report of misconduct.

Article 3 – Internal Reporting, Information, Advice, and Support

1. An employee may consult the confidential advisor in confidence regarding a suspected instance of misconduct and request information, advice, and support.
2. An employee who suspects misconduct may report it to the General Manager at Pollux Personeelsdiensten B.V. If the employee in question has reasonable grounds to believe that the General Manager is involved in the suspected misconduct, the report may also be made to the executive board.
3. The report can also be submitted through the confidential advisor. The confidential advisor will forward the report.
4. The employee can report in the following ways:
   1. In writing;
   2. Verbally over the phone or via other voice messaging systems, or
   3. At his request, within a reasonable time frame, through a meeting at a designated location.
5. An employee who suspects misconduct at a company other than Pollux Personeelsdiensten B.V. may report it to that other company. The General Manager will be informed that a report has been filed with the other company in question if the employee became aware of the suspected misconduct in the course of their work for the employer.

Article 4 – Procedure Following an Internal Report

1. The recipient of the report shall ensure that it is recorded in writing in a register, including a description of the report and the date on which it was received.
2. The employee will receive a confirmation of receipt within seven days of submitting their report.
3. The General Manager investigates whether the report concerns a suspected violation.
4. The employee will receive information regarding the assessment and (if applicable) the follow-up to the report within a reasonable period of up to three months after the acknowledgment of receipt is sent.
5. If the General Manager decides to notify an external authority of the internal report, the reporter will receive a copy of the notification, unless there are serious objections to doing so and/or such notification could prejudice the interests of the investigation or enforcement.
6. If the General Manager decides to launch an investigation, it will be conducted by independent and impartial investigators, and not by individuals who may be or have been involved in the alleged misconduct. The whistleblower will be notified of this in writing without delay.

Article 5 – Conduct of the Research

1. The investigators give the person who filed the report and other parties involved the opportunity to be heard and draft an investigation report. The person who filed the report is given the opportunity to comment on it, unless there are serious objections to this. The goal is then to finalize the investigation report within eight weeks of the report being filed.
2. The General Manager informs the person who filed the report in writing of the organization’s position regarding the report. The response also specifies what (further) actions the report has led to.

Article 6 – External Reporting

1. The employee can immediately report a suspected wrongdoing to an external party.
2. The employee must file an external report with the Whistleblower Office or with a competent authority designated by law. For more information, see: External Reporting Channels | What Has Changed? | Whistleblower Protection Act.
3. Even after filing an internal report regarding a suspected wrongdoing, the employee may still file an external report.
4. Reporting internally first is preferred and will be encouraged as much as possible.

Article 7 – Protection Against Discrimination

1. If the whistleblower, acting in good faith and in accordance with the provisions of this whistleblowing policy, reports a suspected wrongdoing, Pollux Personeelsdiensten B.V. will not take any action that would disadvantage the whistleblower in any way.
2. Pollux Personeelsdiensten B.V. ensures that the whistleblower’s colleagues refrain from any form of retaliation in connection with the whistleblower’s reporting, in good faith and in accordance with proper procedures, of a suspected wrongdoing that impairs the whistleblower’s professional or personal performance.
3. If the whistleblower believes that they have been subjected to retaliation, they may discuss the matter with the confidential advisor without delay. The confidential advisor will inform the General Manager of this.
4. Pollux Personeelsdiensten B.V. will not disadvantage any other parties involved in any way, including, but not limited to, the confidential advisor and/or the investigators.

Article 8 – Confidentiality

1. Pollux Personeelsdiensten B.V. ensures that the information regarding the report is stored in such a way that it is physically and digitally accessible only to those involved in handling the report. Pollux Personeelsdiensten B.V. treats the data brought to its attention as confidential and processes it—to the extent permitted—in accordance with the provisions of the General Data Protection Regulation and other relevant legislation.
2. Pollux Personeelsdiensten B.V. ensures that those involved in handling a report do not disclose the identity of the reporter without the reporter’s express written consent and treat the information regarding the report as confidential.