Confidential counsellor: when and how to appoint one?
Last updated: September 2026
An employee comes to see you. A colleague has been making remarks that cross the line for weeks, but she does not want to file an official complaint. Above all, she wants to talk to someone, in confidence. Who can she turn to? If your company has 50 or more employees, the answer to that question must already be settled today: the confidential counsellor.
Since 1 December 2023, an internal confidential counsellor has been mandatory in every company with 50 or more employees. Smaller employers can also be required to appoint one, if staff ask for it. And the appointment itself follows strict rules: not everyone may take on the role, and the employee representatives must agree.
In this article: what a confidential counsellor does, when you have to appoint one, who qualifies, how the appointment works and how the role differs from the Prevention Advisor for psychosocial aspects.
In short: from 50 employees, you must appoint at least one internal confidential counsellor. Below that threshold it is not mandatory, unless all trade union delegates or, failing that, all employees ask for it. The appointment requires the prior agreement of all employee representatives on the Committee for Prevention and Protection at Work. The confidential counsellor follows a course of at least five days within two years and receives supervision every year.
What does a confidential counsellor do?
The confidential counsellor is the point of contact for employees who face psychosocial risks at work. The confidential counsellor listens, provides information and advice, and can intervene informally. Everything happens in confidence, because professional secrecy applies (FPS Employment, Securex, accessed 29 September 2026).
The role is explicitly informal. An employee who wants to submit a formal request for psychosocial intervention does not go to the confidential counsellor, but to the Prevention Advisor for psychosocial aspects. More on that below.
That informal route allows an employee to raise a problem with someone outside the hierarchy, without starting a formal procedure straight away.
When is a confidential counsellor mandatory?
The answer depends on the size of your company. The Law of 5 November 2023 containing various labour provisions made the appointment mandatory from 50 employees, with effect from 1 December 2023 (FPS Employment, Acerta, accessed 28 September 2026).
| Number of employees | Confidential counsellor mandatory? | Internal or external? |
|---|---|---|
| 50 or more | Yes | At least one member of your staff |
| 20 to 49 | No, unless staff ask for it | If you use an external Prevention Advisor for psychosocial aspects, at least one internal |
| Fewer than 20 | No, unless staff ask for it | An external confidential counsellor is possible |
Source: FPS Employment, accessed 28 September 2026.
Below 50 employees: at the request of staff
If you have fewer than 50 employees, you must still appoint a confidential counsellor if all trade union delegates ask for it. If there is no trade union delegation, this applies if all employees ask for it (FPS Employment, accessed 28 September 2026).
Even without an obligation, a confidential counsellor can be a good choice. In a small company everyone knows each other, and that is precisely what can make it harder to raise a problem with a colleague or a manager.
What do you risk without a confidential counsellor?
If you do not appoint a confidential counsellor when it is mandatory, from 50 employees or at the request of staff, you risk a level 2 penalty (Securex, accessed 28 September 2026). For offences from 1 February 2026, that means an administrative fine of €250 to €2,500 or a criminal fine of €500 to €5,000 (FPS Employment, Securex, accessed 28 September 2026).
Who can become a confidential counsellor?
Any employee who is not a staff representative and does not fall under the exclusions below can apply (Securex, accessed 28 September 2026). More important than the job title is the profile: employees must be able to talk freely with that person. Securex speaks of a neutral, empathetic and reliable person.
Who cannot take on the role
The law excludes a number of functions, because they stand in the way of employees' trust. The confidential counsellor may not at the same time (FPS Employment, accessed 29 September 2026):
- be the employer, or belong to the management staff responsible for day-to-day management;
- be an employer or employee representative on the works council or the Committee for Prevention and Protection at Work;
- be a trade union delegate;
- be the occupational physician.
An HR manager or a team leader may seem a logical choice, but remember that employees must also be able to talk about their own manager.
How does the appointment work?
The appointment requires the prior agreement of all employee representatives on the Committee for Prevention and Protection at Work. The same agreement is needed to remove a confidential counsellor from the role later (Securex, Acerta, accessed 28 September 2026). If you cannot reach agreement, the Supervision of Well-being at Work inspection service can mediate, according to Securex.
Training and supervision
A new confidential counsellor must follow a course of at least five days within two years of the appointment. It covers, among other things, the legal framework, psychosocial risks, communication techniques and handling problem situations. After that comes at least one supervision session a year, to keep knowledge and skills up to date (FPS Employment, Acerta, accessed 29 September 2026).
What the confidential counsellor needs
Without the right resources, the role cannot be carried out properly. Securex lists their own contact details, a room for undisturbed conversations, time during working hours and full independence. The confidential counsellor's contact details also belong in your work regulations. How to amend those regulations is explained in our article on drawing up work regulations.
What can the confidential counsellor do, and not do?
The confidential counsellor works exclusively informally. Handling a formal request for psychosocial intervention is not part of the role, and professional secrecy applies. For that role there is direct access to the company's management (FPS Employment, accessed 29 September 2026).
There is no specific protection against dismissal as there is for a trade union delegate. Carrying out the role must not lead to any disadvantage, however, and as mentioned, removal from the role is not possible without the agreement of the employee representatives.
How does it differ from the Prevention Advisor?
This is where it gets legal, because the two roles are close. Every employer must have a Prevention Advisor for psychosocial aspects, whatever the size of the company. With fewer than 50 employees, that advisor must come from an external service for prevention and protection at work. From 50 employees, the advisor can be internal or external (FPS Employment, Securex, accessed 29 September 2026).
| Confidential counsellor | Prevention Advisor for psychosocial aspects | |
|---|---|---|
| Mandatory? | From 50 employees, or at the request of staff | For every employer |
| Who? | A member of staff, internal or, in small companies, external | A specialised prevention advisor, internal or from an external service |
| Informal interventions | Yes | Yes |
| Formal requests for psychosocial intervention | No | Yes |
| Psychosocial risk analysis | No | Yes |
The two work together: the Prevention Advisor regularly consults the confidential counsellor. The confidential counsellor is the easily accessible point of contact within the company; the Prevention Advisor brings the expertise and handles the formal steps.
How do you go about it in practice?
Step 1. Count your employees. If you have 50 or more, an internal confidential counsellor is mandatory. If you have fewer, check whether all trade union delegates, or in the absence of a trade union delegation all employees, have asked for one.
Step 2. Check who your Prevention Advisor for psychosocial aspects is, internal or at your external service for prevention and protection. There must be one in any case.
Step 3. Look for candidates. Advertise the role, ask for a short motivation and hold interviews. Securex describes such a process, from announcement to selection interview.
Step 4. Put the candidate forward to the Committee for Prevention and Protection at Work and ask for the agreement of all employee representatives.
Step 5. Schedule the five-day course within two years, and the annual supervision. Provide time, a room and their own contact details.
Step 6. Make the confidential counsellor known: in the work regulations, on the intranet or on a poster, and during the induction of new employees. Our article on onboarding a new employee helps you include this.
What employers should remember
- From 50 employees, an internal confidential counsellor is mandatory, since 1 December 2023.
- Below 50 employees, you become obliged if all trade union delegates or, failing that, all employees ask for one.
- No confidential counsellor when one is required? Then you risk a level 2 penalty, up to €2,500 administrative or €5,000 criminal.
- Not everyone qualifies: no manager with day-to-day management, no staff representative, no occupational physician.
- Agreement of all employee representatives on the Committee for Prevention and Protection at Work, on appointment and on removal.
- A five-day course within two years, then supervision every year.
- The Prevention Advisor for psychosocial aspects remains mandatory for everyone; that advisor handles the formal requests.
How Recruit helps you
Whether you have to appoint a confidential counsellor depends first of all on one figure: the number of employees you employ. With a lot of flexible staff, that figure fluctuates, and you need an up-to-date overview to make the right decision.
With Recruit:
- Overview of your staff - Knowing who works for you, under which arrangement and since when
- Dimona and social documents - Immediate employment declaration and documents kept
- Accurate payroll - Pay aligned with your Joint Committee
- Smooth onboarding of new employees - Contracts and admin arranged digitally before the first working day
- Personal support 24/7 - A dedicated contact who knows your file and your sector
Try Recruit or contact our HR experts for tailored advice.
Frequently asked questions
Does an SME need a confidential counsellor?
Not with fewer than 50 employees, unless all trade union delegates or, if there is no trade union delegation, all employees ask for one. You do, however, always need a Prevention Advisor for psychosocial aspects through an external service.
Can the confidential counsellor be external?
From 50 employees, at least one confidential counsellor must be a member of your staff. If you have 20 to 49 employees and use an external Prevention Advisor for psychosocial aspects, a confidential counsellor you appoint must also be internal. Below 20 employees, an external confidential counsellor is possible.
Can a manager be the confidential counsellor?
Not if that manager belongs to the management staff responsible for day-to-day management. Employer and employee representatives on the works council or the Committee, trade union delegates and the occupational physician are also excluded.
What training must a confidential counsellor follow?
A course of at least five days, within two years of the appointment. After that, at least one supervision session a year.
What if an employee wants to file a formal complaint?
The employee then submits a formal request for psychosocial intervention to the Prevention Advisor for psychosocial aspects. The confidential counsellor can only intervene informally.
The information in this article is provided for general guidance only and does not replace professional legal advice. Labour legislation changes regularly. Always consult the legislation in force or contact an HR expert for advice suited to your situation.