Operationeel leidinggevende

A higher bar than the staff they lead

An operationeel leidinggevende needs training of at least level 4 of the European Qualifications Framework, one level above the incassomedewerkers they lead (Besluit kwaliteit incassodienstverlening, Article 2.2(2)). The yearly course and the yearly meeting on social norms apply in the same way (Article 2.2(3)), with the same six-month start exemption (Article 2.2(4)).

The Regeling kwaliteit incassodienstverlening does not describe their legal knowledge; it lists the legislation they must know (Article 2(2)). That list runs from the Wki, the Besluit and the Regeling and the policy rules under them, through the GDPR and its Dutch implementing act, the decrees on out-of-court collection costs and statutory interest, the Wet gemeentelijke schuldhulpverlening and Title III of the Faillissementswet, to court collection procedure and named titles of Books 3, 6 and 7 of the Burgerlijk Wetboek. The explanatory note gives the reason: an operational leader has to judge whether staff have the required knowledge and correct them where needed, so needs at least the same knowledge, deeper and broader.

Screening and responsibilities

Anyone who will lead contact with debtors or creditors hands over a verklaring omtrent het gedrag no older than three months before starting (Article 12(1) Wki). The incassodienstverlener has to describe the tasks, powers and responsibilities of its operational leaders separately from those of its bestuurders and incassomedewerkers (Besluit, Article 5.3(2)).

An operationeel leidinggevende and a bestuurder are different roles in the rules. The bestuurder is defined by the company and its policy (Article 1 Wki); the operationeel leidinggevende by the collection work they lead.