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Risk Prevention
Whistleblower protection: what changes as of 1 September 2022?
Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
At 1er in september 2022, many regulations enter into force to strengthen the protection of whistleblowers in the company rules and regulations (modification of the company's monitoring system, update of mandatory displays, procedure for reporting alerts...). Entrepreneur.Service-Public.fr tells you what new obligations need to be met.
The Waserman Act, enacted on March 21, 2022, strengthens whistleblower protection. This text applies from 1er September 2022 requires the company to take various measures.
Rules and regulations Modifying the company
At 1er rules and regulations in September 2022, your company’s GDPR will need to be amended as it will be necessary to recall the whistleblower protection system laid down in Chapter II of the “Fir 2” law.
Rules and regulations In addition, the sexual and psychological harassment sections of the Labor Code will need to be updated by this date in your Articles L.1152-2, L.1153-2 and L.1153-4 of the Labor Code have been rewritten to include enhanced whistleblower protection. Article L.1153-3 of that code has been deleted.
Integrate whistleblower protection into your mandatory views
Article L.1142-6 of the Labor Code obliges the employer to publish article 225-1 of the Penal Code prohibiting discrimination against the employee. This article included a prohibition on discriminating against an employee on the grounds of his "capacity as whistleblower, facilitator or person in connection with a whistleblower".
So you must before the 1er september 2022 update the display of this article.
Reminder
Rules and regulations In order to render its judgment enforceable, a company must consult the Economic and Social Committee (ESC)rules and regulations , communicate the notice to the labor inspector and deposit it at the registry of the labor council.
Obligation to establish an internal procedure for the collection of alerts
Firstly, this new law allows the whistleblower to choose between internal reporting (within the company) or external reporting (to the competent authority, the Defender of Rights, the judicial authority or a European body). This change brings an end to the current hierarchy of reporting channels (internal and external reporting before public disclosure of information as a last resort). In addition, the whistleblower must now obligatory make an external report before making a public disclosure.
The alert may originate from an employee or from a person outside your company (subcontractors, shareholders...).
This law also requires that companies of at least 50 employees now need to establish an internal procedure for collecting and handling alerts. This includes consultation of the EESC before the procedure is implemented.
If you have less than 250 employees, this procedure may be common to several other companies or to several businesses of the same group, subject to a decision by the competent bodies of each of them in agreement.
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