France Update: Whistleblowers: publication of the reporting procedure

Decree No. 2022-1284 of 3 October 2022 mentioned in Articles 6 and 8 of the Sapin II Law in their wording resulting from Law No. 2022-401 of 21 March 2022 (WASERMAN Law) and relating to the procedures for collecting and processing reports issued by whistleblowers has just been published in today’s Official Journal.

Companies with at least 50 employees are subject to the obligation to establish a procedure for collecting and processing internal reports.

It will be recalled that since September 1, they must update their rules of procedure on this subject.

In essence, the Decree lays down a whole set of rules and procedures to which companies must comply, after consultation with the employee representative bodies, including: 

• • the designation of the person(s) and/or services authorised to collect the reports,
  • the determination of the channels of reception of the latter, which are likely to be carried out: 

• • • in writing
    • by oral (telephone, voicemail),
    • by videoconference,
    • per physical encounter.

These last three points subject to recording the report on a durable and recoverable medium (recording) or transcription on minutes.

The deadlines applicable in the context of the internal procedure:

• • acknowledgement of receipt within seven working days of receipt of the alert,
  • communication within a reasonable period not exceeding three months of the measures envisaged, or
  • taken to assess the allegations or to remedy the subject matter of the report.

The conditions to guarantee the integrity and confidentiality of the information collected.

Publicity measures to make the procedure permanently accessible to the persons concerned.

Alerts are about events that have occurred or are likely to occur.

Since employees are no longer required since the WASERMAN Law to go through their employer, the Decree also lists, by field, the list of external authorities competent to collect reports, including in terms of: 

• • individual and collective labour relations, working conditions: the Directorate-General for Labour (DGT),
  • employment and vocational training: the General Delegation for Employment and Vocational Training (DGEFP),
  • of discrimination: the Defender of Rights.

By Nicolas Lepetit, France, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact france@transatlanticlaw.com

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