Ensuring a safe work environment

1. Employer’s responsibilities regarding a safe work environment

To ensure a safe work environment, we have several ways employees can help raise concerns. This policy consists of prevention (a confidential counsellor) and the appointment of a complaints committee (in case complaints are submitted). These regulations apply to anyone who has been in business contact with Mediamatic.

2. Confidential advisor

Mediamatic employees who are confronted with unwanted behaviour that is perceived as threatening, humiliating or intimidating, such as sexual harassment, discrimination, aggression, violence and/or bullying, or witnesses of this at Mediamatic, may in all cases - even if they do not know how to deal with a situation - directly contact the external confidential counsellor. In consultation with the person who has reported, the external confidential adviser will assess whether the undesirable behaviour can be halted. The external confidential counsellor has three tasks: (1) listening to, guiding and informing the employee, (2) updating, informing and inspiring the organisation and (3) advising the executive board and the supervisory board. Mediamatic's external confidential counsellor shall handle the information confidentially; there is a duty of confidentiality. An appointment can be made with the confidential counsellor during your working hours.

In consultation with the external counsellor, a plan can be made to resolve the unwanted situation. The following step-by-step plan is to be taken as a guideline:

• If you want the behaviour to stop, you can consult with the person causing the unwanted behaviour;
• If you don’t feel comfortable talking to the person causing this behaviour, you may turn to your manager;
• If behaviours are experienced by a Manager: Managers can turn to the external confidential advisor or a director;
  
• If talking to the person causing the behaviour or your supervisor, is not possible or desirable, you can contact the appointed Staff Representative at Mediamatic;
• If contacting the person causing the behaviour, your manager or the Staff Representative, is not possible or desirable, you may contact (one of) the managing director(s) of Mediamatic.
• If contacting the person causing the behaviour, or your supervisor, the Staff Representative, or (one of) the director(s) is equally not possible or desirable, and the matter concerns undesirable behaviour coming from (one of) the director(s), you can address the chairman of the Supervisory Board and/or a member designated for this task within the Supervisory Board.
• The above overview aims to allow you to explain that a line has been crossed; the designated outcome of the conversation is that the transgressive behaviour will not occur again in future. And although past events will need to be discussed, it is also possible to have a different perspective on these events. The goal is a that particular behaviour does not reoccur, so that further complaints will not be called for.

Have attempts been made to resolve the situation via these avenues and have they failed? Or is the situation perceived to be so serious that it is not desirable or possible to resolve the situation through these means? Then an official complaint can be made. The external confidential counsellor can assist with this.

3. What is undesirable/transgressive behaviour?

In accordance with Mores.online, 'undesirable behaviour' means the following behaviour – regardless of whether or not there is a hierarchical difference in role or position between the parties involved – which lead to psychosocial workload (with the exception of work pressure) according to the definition of Article 3 paragraph 2 of the Working Conditions Act, insofar as it concerns:

1. Harassment as referred to in Article 1a paragraph 2 of the Equal Treatment of Men and Women Act and Article 7:646 paragraph 7 of the Dutch Civil Code, i.e.: behaviour that is related to the gender of a person and that has as its object or effect that a person's dignity is violated and that a threatening, hostile, abusive, humiliating or hurtful environment is created;
2. Sexual harassment as referred to in Article 1a paragraph 3 of the Equal Treatment of Men and Women Act and Article 7:646 paragraph 8 of the Dutch Civil Code, i.e. any form of verbal, non-verbal or physical behaviour with a sexual connotation that is intended or has the effect of violating a person's dignity, in particular when creating a threatening, hostile, abusive, humiliating or offensive environment.
3. Examples of sexual harassment include: making ambiguous remarks, telling boastful stories about intimate relationships and dirty jokes, unnecessary physical contact or blocking the way, written messages with a sexual connotation, sharing offensive images in the workplace, assault and rape;

c) Bullying, i.e. all forms of intimidating behaviour of a structural nature, by one or more employees (colleagues, managers) of an employee or group of employees who cannot defend themself/themselves against this behaviour;

d) Aggression and use of violence, i.e.: incidents in which an employee is psychologically or physically harassed, threatened or attacked under circumstances directly related to the work they do;

e) Discrimination, i.e. statements, actions or decisions that are insulting or degrading due to differentiation based on: a physical or mental disability, race/appearance, origin, religion, political opinion, age, marital status, chronic illness, gender, beliefs or sexual orientation.

4. Filing an official complaint.

The role and operating method of the internal complaints committee is explained below, as well as how Mediamatic’s internal complaints procedure works.

4.1 Internal Complaints Committee

If the person affected by the unwanted behaviour (hereinafter: Party A) wants a sanction to be imposed or that the talk be recorded in writing, then it must be explicitly investigated and determined whether the person accused (hereinafter: Party B) has actually displayed unwanted behaviour. Mediamatic has put in place an internal complaints committee for this investigation. An internal complaints committee consists of a representative on behalf of the employees, appointed by the works council/staff representation/team, a representative on behalf of the employer, appointed by the board or the supervisory board if the complaint concerns the board, and an external independent third party, also appointed by the board or the supervisory board.

At Mediamatic, the internal complaints committee consists of the following persons - if persons are involved, the supervisory board determines the composition of the internal complaints committee:

• Staff Representative (on behalf of the employees];
• Board Representative [on behalf of the employer];
• [external third party designated by the Supervisory Board when a complaint is submitted (not included)]:

The internal complaints committee will decide whether a complaint is well-founded and will advise the board and the supervisory board, which are authorised to take action on behalf of the organisation following the advice of the internal complaints committee.

4.2 filing a complaint

A complaint about sexual harassment, discrimination, aggression, violence and/or bullying is to be submitted in writing by Party A to the internal complaints committee by means of a completed Incident/Complaint Registration Form. You can request this form from the external confidential counsellor and, if desired, you can complete it together. Anonymous complaints cannot be handled by the internal complaints committee.

The internal complaints committee will conduct an investigation into every complaint submitted. The internal complaints committee is entitled to all necessary information from the employer that it needs in order to carry out its duties.

The internal complaints committee has the obligation to hear Party A and Party B separately, and possibly other parties involved, within one month of receiving the complaint,.

Party A and B have the right to be assisted by legal counsel and to inspect the relevant documents.

The internal complaints committee may decide to have an investigation carried out by experts. The costs of this shall be borne by the employer.

Party A and B shall be given the opportunity to take cognisance of each other's positions and to respond to them.

The sessions of the internal complaints committee shall be closed.

A written report of each session shall be drawn up and signed by all parties involved. If a party concerned refuses to do so, the reason shall be stated in the report.

After completion of the investigation, a written report shall be drawn up and sent to the Board, the Supervisory Board and those directly involved.

4.3 Judgment

The internal complaints committee makes decisions with a majority of votes.

The internal complaints committee shall issue a written report for the board or the supervisory board as soon as possible, and no later than two months after the complaint has been submitted, depending on whether the complaint concerns the board or the supervisory board.

The report shall in any case contain:

• The name of Party A
• The name of Party B
• Who is/are affected by the unwanted behaviour
• A description of the incident/complaint
• The internal complaints committee's assessment of the plausibility and seriousness of the incident/complaint
• Advice to the employer regarding measures to be taken (including any sanctions) in the specific case
• An advice to the employer regarding measures to be taken in general
• If the specified term is exceeded, Party A and Party B will be notified of this, stating the processing time needed. A copy of the written report shall be sent to those directly involved and to the external confidential counsellor if he/she was involved in the complaint.

4.4 Temporary Facilities

Both at the start of the procedure and during the course of the investigation, the internal complaints committee may require the employer to make temporary arrangements. The employer shall comply with this if the well-being of Party A, B and/or any other employee or person involved calls for it.

4.5 Continued

If it follows from the report that the behaviour has indeed taken place, then the board - or the supervisory board if the complaint concerns the board, - can impose a sanction on Mediamatic. Unwanted behaviour will be discussed and will have repercussions.

If it is established that undesirable behaviour has taken place, a sanction will follow in the form of a disciplinary measure. Which measure will result from which violation depends on the seriousness of the violation and is at the discretion of Mediamatic's board or supervisory board.

4.6 Sanctions and Measures

Within 14 days of receiving the report from the internal complaints committee, the Board or the Supervisory Board - depending on whether the complaint concerns the Board or Supervisory Board - shall decide what measures will be taken on an individual level. The board or the supervisory board will take the advice of the internal complaints committee as a starting point. If the advice is deviated from, this will be done in consultation with the internal complaints committee and will be justified in the written decision.

If it becomes apparent that the complaint is unfounded, the management or the supervisory board will take the necessary measures to normalise the situation in the workplace. The internal complaints committee will be consulted for advice on this. Depending on the severity of the complaint(s), the board or the supervisory board may impose the following sanctions on Party B:

• A warning
• A written reprimand
• Suspension
• Dismissal

If the complaint turns out to be unfounded and/or deliberately false, the board or the supervisory board will take appropriate measures to rehabilitate Party B. Appropriate measures will also be taken against Party A. The internal complaints committee will be consulted for advice on this.