Complain procedure

The Recruitercode Complaints Procedure and Handling

About the complaints procedure

1. The complaints procedure is in writing.
2. The Complaints Committee works according to the principles of hearing both sides.
3. The Complaints Committee only considers written complaints from candidates that meet the requirements described in the complaints procedure.
4. Complaints cannot be submitted anonymously.
5. A complaint can only be filed after the candidate has contacted the recruiter concerned and the answer or proposed solution has been unsatisfactory.
6. The Complaints Committee will always contact the recruiter concerned when a complaint is filed.
7. A recruiter who doubts the validity of a complaint may also contact the Complaints Committee.
8. The Complaints Committee only makes rulings on the articles described in the Recruitercode as drafted by the Recruitercode Committee (not on any additions). The Complaints Committee does not rule on complaints related to privacy legislation (GDPR), which fall under the Dutch Data Protection Authority, and/or complaints related to discrimination, which must be submitted to the Netherlands Institute for Human Rights. The Complaints Committee can only issue a ruling on whether certain actions or omissions of a participating recruiter are in line with the Recruitercode. Complaints regarding compliance with other codes and/or laws will not be considered. In such cases, the Complaints Committee will declare itself not competent.
9. All complaints are published anonymously on recruitercode.nl.
10. In the case of a justified complaint, the recruiter will receive a written recommendation. After a second justified complaint, the recruiter will be removed as a participant of the Recruitercode, if the Complaints Committee considers the complaints sufficiently serious that the recruiter’s conduct is incompatible with the Recruitercode and its underlying principles.
11. The Complaints Committee, the Recruitercode Committee, and all other parties involved with the Recruitercode are not liable (in any way or on any legal basis) for damages suffered by a participating recruiter and/or organization as a result of a justified complaint and/or removal of a participating recruiter.

Procedure and handling

1. A candidate files a written complaint about a participating recruiter with the Complaints Committee of the Recruitercode, including the response of the recruiter concerned. Note: The Complaints Committee only considers written complaints. The written complaint must include at least:
   • the candidate’s name and address;
   • the date of the complaint;
   • a description of the situation/events that led to the complaint;
   • a detailed description of the complaint;
   • the response from the recruiter and/or organization to the informal complaint previously submitted to them;
   • the candidate’s contact details;
   • the candidate’s consent for the processing of any necessary personal data for handling the complaint.

   If the complaint is incomplete, the candidate will be informed by the Complaints Committee and given 14 days to complete it. If this does not happen, or is incomplete, the candidate will be declared inadmissible.

2. After receiving the complaint, the Complaints Committee will always contact the participating recruiter concerned and inform them of the content of the complaint. In the context of hearing both sides, the recruiter will be given 14 days to submit a written response to the Complaints Committee addressing the complaint. The candidate will be informed as soon as possible of the recruiter’s written response. Note: If the complaint concerns an individual participant of the Recruitercode working within an organization that is also a participant, the Complaints Committee will also inform the organization in writing and notify the designated contact person within that organization. The organization is responsible for taking appropriate measures if needed.
3. The Complaints Committee will assess whether it is competent to rule on the complaint and whether the complaint is justified or unfounded. After receiving the recruiter’s written response, the Complaints Committee will strive to reach a decision within two weeks.
4. If the complaint is justified, the recruiter will receive a note alongside their name and, where appropriate, a written recommendation. The organization employing the recruiter will also be informed in writing. The note may be accompanied by a conditional suspension if another justified complaint occurs within a period determined by the Complaints Committee.
5. After a second justified complaint, the individual recruiter concerned will, if appropriate, be immediately removed from the Recruitercode participants list for a period determined by the Complaints Committee. This applies if the complaints are justified and considered sufficiently serious that the recruiter’s conduct is incompatible with the Recruitercode and its underlying principles. Note: If a second justified complaint results in removal, the recruiter’s organization will also be (temporarily) removed. If the individual recruiter concerned no longer participates in recruitment within the organization, the organization may reapply for participation in the Recruitercode by submitting a request to the Recruitercode Committee.