Complaint Procedure

Chapter 1 – general provisions
Article 1 Definitions
For the purposes of these regulations, the following definitions shall apply:

  1. Elysee Netherlands BV: the legal person
  2. Awb: the General Administrative Law Act;
  3. Complaint: any expression of dissatisfaction with a conduct, action or omission by (an employee of) Elysee Netherlands BV;
  4. Employee: any person who performs work for Elysee Netherlands BV, regardless of whether he is employed by Elysee Netherlands BV or hired

Article 2 Right of complaint

  1. Anyone has the right to submit a complaint to Elysee Netherlands BV about the way in which Elysee Netherlands BV has behaved towards him or another in a particular matter.
  2. An act of conduct by an employee, working under the responsibility of Elysee Netherlands BV, is considered as an act of Elysee Netherlands BV.

Article 3 Fair Treatment

  1. Elysee Netherlands BV ensures that oral and written complaints about its conduct are dealt with properly.

Chapter 2 – the handling of complaints
Article 4 Filing a complaint

  1. A verbal complaint may be handled by the addressed person directly orally or in writing depending on the situation and the complainant’s desire. After settlement, the complaint is registered (digitally) and reported to the independent complaints officer. If resolution is not immediately possible or satisfactory, the record will be considered written notification of a complaint. The complainant shall receive a copy thereof.
    • The written complaint shall be signed and shall include at least:
    • The name and address of the petitioner;
    • DATE;
    • A description of the conduct against which the complaint is directed.
  2. Elysee Netherlands BV may decide not to deal with a written complaint which does not comply with the first paragraph provided the complainant has had the opportunity to complete the complaint within a reasonable period.

Article 5 Intervention

  1. Once Elysee Netherlands BV has satisfied the complainant, the obligation to further apply these regulations lapses.
  2. The complainant will be informed in writing, upon request, that Elysee Netherlands BV assumes that the complaint has been handled satisfactorily
  3. If the complainant is not satisfied with this handling of his/her complaint, it will still be handled according to these rules.

Article 6 Acknowledgement of receipt

  1. Elysee Netherlands BV confirms receipt of the complaint in writing within 3 working days.
  2. The acknowledgement of receipt of a written (digital) complaint shall state:
    • handling time;
    • the further procedure;
    • the contact person;
    • the opportunity to be heard or to waive it.
  3. Elysee Netherlands BV will send a complaint for which another body is apparently competent to deal with it immediately to that body while simultaneously informing the complainant.
  4. Elysee Netherlands BV will return a complaint not intended for it as soon as possible to the complainant or to the person who forwarded the complaint.

Article 7 Impartial Complaints Handler

  1. The complaint will be handled by an independent complaints officer of Elysee Netherlands BV who was not involved in the conduct to which the complaint relates.

Article 8 Non-compulsory consideration

  1. Elysee Netherlands BV will declare inadmissible a complaint about a file content opinion, for which an objection or an Expert Opinion is applicable.
  2. Elysee Netherlands BV is not obliged to deal with the complaint if it relates to conduct:
    • about which a complaint has previously been filed that has been made in compliance with these regulations
      dealt with other than under the application of Article 6, paragraphs 1 and 2;
    • that occurred more than one year before the complaint was filed;
    • which, by the institution of proceedings, is or has been subject to the judgment of a court other than an administrative court or,
    • as long as an investigation by order of the public prosecutor or a prosecution with respect thereto is pending, or if the conduct is part of the investigation or prosecution of a criminal offense and an investigation by order of the public prosecutor or a prosecution with respect thereto is pending.
  3. Elysee Netherlands BV is not obliged to handle the complaint if the interest of the complainant or the weight of the conduct is clearly insufficient.
  4. The complainant will be informed in writing as soon as possible but no later than four weeks after receipt of the complaint that the complaint is not being dealt with.

Article 9 Obligation to transmit the defendant

  1. A copy of the complaint and the documents accompanying it will be sent to the person to whom the complaint relates

Article 10 Duty to be heard

  1. The Elysee Netherlands BV will give the complainant and the person whose conduct the complaint relates to the opportunity to be heard
  2. The hearing of the complainant may be waived if the complaint is manifestly unfounded or, if the complainant has stated that he does not wish to avail himself of the right to be heard.
  3. A report will be made of the hearing
  4. A copy of the report shall be sent to the complainant upon request.

Article 11 Handling Time

  1. Elysee Netherlands BV handles the complaint within six weeks of receipt.
  2. Elysee Netherlands BV may postpone processing for up to four weeks. Written notice of the adjournment shall be given to the complainant and to the person to whose conduct the complaint relates.

Article 12 Handling

  1. Elysee Netherlands BV informs the complainant in writing of the findings of the investigation into the complaint and any conclusions it draws.
  2. The notification shall mention the possibility of subsequently filing a complaint with the National Ombudsman.
  3. No objection or appeal may be made against a decision regarding the handling of a complaint about conduct by Elysee Netherlands BV.

Article 13 Dispute bodies

  1. DOKh
    • If the complainant is dissatisfied with the internal handling of the complaint by Elysee Netherlands BV about one of its physicians or delegated triage workers, a complaint can be filed with the DOKh Dispute Authority.
    • DOKh stands for Foundation for the Advancement of Expertise and Support for Quality Policy of General Practices in the Northwest of the Netherlands. The Dispute Resolution Body is recognized by the Ministry of Health, Welfare and Sport. The procedure of the Dispute Authority is in accordance with the Act on Quality, Complaints and Disputes Care.
    • Elysee Netherlands BV is affiliated with the DOKh Dispute Resolution Authority. The Rules and Regulations of the Dispute Resolution Authority are available for download at www.dokh.nl.

Chapter 3 – other provisions
Article 14 Accountability Information

  1. The independent complaints officer of Elysee Netherlands BV is responsible for the registration of complaints submitted to him. The registered complaints are published annually

Article 15 Transitional Provisions

  1. A complaint filed after the effective date of these regulations, even if the conduct to which it relates occurred prior to that date, shall be handled in compliance with these regulations.
  2. A complaint filed before the effective date of these rules shall, to the extent possible, be handled in accordance with these rules.

Article 16 Official title, publication, entry into force

  1. These regulations shall be cited as: Elysee Netherlands Complaints Regulations.
  2. These regulations are effective as of May 2, 2022.

Date of signature of the management of Elysee Netherlands BV
Date: May 2, 2022
LJG Akkermans, director