Internal whistleblower reporting channels are a key element of effective communication within an organization. They allow employees to safely and anonymously report any irregularities, abuses, or threats. The existence of such channels helps build trust in the workplace and effectively address potential issues.
Implementing clear whistleblower reporting procedures, appropriate forms, and reporting monitoring systems is crucial to ensuring the effectiveness of this process. Maintaining the confidentiality and security of information provided by whistleblowers is fundamental to the proper functioning of internal reporting channels.
It's also worth regularly educating employees about the existence and operation of these channels to encourage them to actively participate in the whistleblowing process. An open and safe workplace environment promotes early identification of issues and their effective management.
Directive 2019/1937 does not specify how an internal reporting policy should be developed by an employer or how it should be implemented. It only requires that this be done after consultation and in agreement with the social partners, if so provided for by national law (Article 8, paragraph 1, in fine, of Directive 2019/1937). National law is crucial in this respect. In this context, the draft law regulates the procedure for adopting the procedure in Article 24, paragraphs 3-6. According to this provision:
"3. The legal entity establishes an internal reporting procedure after consultation with:
1) the company trade union or company trade unions if more than one company trade union operates within the legal entity, or
2) representatives of persons performing work for the legal entity, elected in accordance with the procedure adopted by the given legal entity - if there is no company trade union operating within that legal entity.
4. The consultations referred to in paragraph 3 shall last less than 7 days and no longer than 14 days from the date of presentation by the legal entity of the draft internal reporting procedure.
5. The internal reporting procedure comes into effect 14 days after it is communicated to persons performing work in the manner adopted in a given legal entity.
6. A person applying for work under an employment relationship or other legal relationship constituting the basis for the provision of work or services or the performance of a function or service shall be provided by the legal entity with information on the internal application procedure at the time of commencement of recruitment or negotiations preceding the conclusion of a contract.
This means that this procedure constitutes a provision of internal labor law. It is particularly important that new employees be familiar with this regulation before being allowed to work.
The entity responsible for receiving applications may be:
1) designated employee,
2) designated organizational unit of the company,
3) designated external entity,
4) hybrid entity – e.g. one person from the relevant organizational unit, one from an external entity.
It is crucial that this entity be impartial and ensure proper follow-up of any reports. Furthermore, these entities should prevent unauthorized access to the information reported and ensure the confidentiality of the identity of the reporting person and the person concerned.
Conclusions and recommendations derived from whistleblower reports can provide valuable support for risk management and process improvement within an organization. Therefore, it is important to ensure effective processing and analysis of reports, as well as appropriate responses to signals, to ensure positive outcomes for the entire company.
Internal whistleblower reporting channels are not only a tool for detecting problems but also an opportunity to build an open culture based on trust and collaboration. Their proper functioning requires the commitment of all employees and the support of management. Therefore, it's worth investing in the development and improvement of these channels to contribute to building a better and more effective organization.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 20, 2024
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