"Whistleblowers" - the decree on internal and external procedures is out!

Following the so-called “Sapin II” law of December 9, 2016, which created whistleblowers in companies, the Waserman law of March 21, 2022 strengthened the protection regime for whistleblowers.
Taken in application of the Waserman law, decree n°2022-1284 of October 3, 2022 (OJ October 4) has just specified the internal procedure for collecting alerts issued in companies with at least 50 employees and provides details in terms of external alert.
    The internal alert procedure
The internal procedure is mandatory in companies with at least 50 employees after consultation with the social and economic committee. The company must disseminate its whistleblowing procedure by any means ensuring sufficient publicity and under conditions making it permanently accessible.
The company must provide a means of receiving reports, either oral or written, or both. If it is an oral report, the report may be made by telephone or by any other voicemail system and, at the request of the employee according to his choice, during an interview in person or by videoconference organized at the no later than 20 working days after receipt of the request.
The company has seven working days to acknowledge receipt of the report, whether oral or written. It must then provide feedback to the author of the reports within three months.
    The external alert procedure
The procedure for reporting to an external authority is modeled on the internal procedure.
Depending on the subject of the report, the whistleblower can contact:
•    To the General Directorate of Labor (DGT) for individual and collective labor relations and working conditions;
•    To the General Delegation for Employment and Vocational Training (DGEFP) for employment and vocational training;
•    To the Defender of Rights for Discrimination.
We remain at your disposal for any additional questions regarding this subject.