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

Companies employing 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, including:

    • the designation of the person(s) and/or services authorized to collect reports,
    • the determination of the reception channels of the latter, which are likely to be carried out:
        • in writing,
        • orally (telephone, voice mail),
        • by videoconference,
        • by physical encounter.

 

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

The deadlines applicable in the context of the internal procedure:

    • acknowledgment 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 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 interested parties.

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

 

Since the 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 labor relations, working conditions: the General Labor Directorate (DGT),
    • employment and vocational training: the General Delegation for Employment and Vocational Training (DGEFP),
    • of discrimination: the Defender of Rights.
VIENNA-Jean-Baptiste--468

Jean-Baptiste Vienne

Partner

He assists in advice and litigation, a clientele of French and international companies.

He has developed particular experience in the field of litigation, both individual and collective, in particular in matters of discrimination, equal treatment, psycho-social risks and occupational safety. He regularly defends executives and business leaders before the correctional courts.