In companies with fewer than 50 employees, the appointment of a confidential adviser remains an option. The employer is only obliged to appoint a confidential adviser when all members of the trade union delegation, or in their absence, all employees themselves request this from the employer.
If this employer chooses to appoint a confidential adviser (on their own initiative or at the request of the trade union delegation or the employees), then at least one confidential adviser will be required to be part of the company's staff when 20 or more employees work in the company and a prevention adviser for psychosocial aspects from an external service for prevention and protection at work is called upon. In a company with fewer than 20 employees, the confidential adviser may therefore be a person external to the company.
The procedure for appointing and removing the confidential adviser from the position has remained unchanged, as have the legal incompatibilities for performing this function.
The confidential adviser designated to comply with this new obligation does not necessarily have to have completed the required training at the time of their designation. The Codex on well-being at work stipulates that the mandatory training must be completed within two years of the confidential adviser's designation.
