Creation of the whistleblower on January 1, 2018

The whistleblower

Companies with at least 50 employees must from January 1, 2018 have a whistleblower.

A alert launcher is the person who reveals or reports, disinterestedly and in good faith, a crime, a misdemeanor or even a serious and manifest violation of the law, of which they have had personal knowledge.

Also, employers must put in place, by January 1, 2018, a procedure for collecting reports which provides for the procedures according to which the whistleblower:
– sends his report to the immediate or indirect superior, to the employer or to the referent appointed by the company;
– provides relevant facts, information or documents, whatever their form or medium;
– provides the elements allowing, if necessary, an exchange with the recipient of the report.

Namely that the whistleblower designated by the employer can be internal or external to the company. It may be a natural person or an entity governed by public law or private law. Whatever it is, it must have, by its positioning, the competence, the authority and the means sufficient to carry out its missions.

In addition, the procedure must in particular specify the measures taken by the company to immediately inform the employee or collaborator of the receipt of his report, to guarantee its strict confidentiality or to destroy the elements of the report allowing the identification of his author when no follow-up is given to the case.

Finally, this procedure must be communicated to the company’s employees by any means, posting, email, intranet, etc.

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Inspired by the article published on December 07, 2017 – © Les Echos Publishing – 2017

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