The Whistleblower
Companies with at least 50 employees must, from January 1, 2018, establish a whistleblower mechanism.
A whistleblower is a person who discloses or reports, in a disinterested manner and in good faith, a crime, an offense, or a serious and manifest violation of the law, of which they have personal knowledge.
Accordingly, employers must implement, by January 1, 2018, a procedure for collecting reports that sets out the conditions under which the whistleblower:
– addresses their report to their direct or indirect line manager, to the employer, or to the designated contact person appointed by the company;
– provides the relevant facts, information, or documents, regardless of their form or medium;
– provides the elements enabling, where applicable, an exchange with the recipient of the report.
It should be noted that the whistleblower contact person designated by the employer may be internal or external to the company. They may be a natural person or a public or private law entity. Whoever they are, they must have, by virtue of their position, the competence, authority, and sufficient means to carry out their duties.
Furthermore, the procedure must notably specify the measures taken by the company to promptly inform the employee or collaborator of the receipt of their report, to guarantee its strict confidentiality, or to destroy the elements of the report that could identify its author when no follow-up action is taken on the case.
Finally, this procedure must be communicated to company employees by any means: posting, email, intranet…
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Inspired by the article published on December 7, 2017 – © Les Echos Publishing – 2017
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