Whistleblowers in company

Verified 03 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employee can report to his employer or to various authorities outside the company (in particular the Defender of Rights) information on a crime, one offense, a threat or harm to the public interest (for example, discrimination or harassment). The alert to the employer may also concern the grave risk that the company poses to public health or the environment. We present you the information to remember in the 2 cases.

General case

A whistleblower is a natural person who signal or leakwithout direct financial consideration and in good faith, information relating to a crime, one offense, a threat to or prejudice to the general interest.

It may also be a violation, or an attempt to conceal a violation, of an international commitment by France (for example, the International Convention on the Rights of the Child).

In a company, it may be an employee or former employee, but also persons who have applied for a job.

The information must have been obtained, as appropriate, either during the performance of the contract or as part of the application for employment.

The information must relate to facts which are produced or for which there is high probability that they will occur. These may include, in particular, psychological harassment or sexual.

Please note

Facts, information and documents which are subject to national defense secrecy and medical secrecy, in particular, are excluded of the alert system.

Guarantee of confidentiality of identity

The confidentiality of the identity of the reporting parties, the persons referred to and any third party mentioned in the report shall be guaranteed.

The particulars likely to identify the whistleblower may not be disclosed without his agreement. However, in certain cases they may be forwarded to the judicial authority.

Where the persons responsible for collecting or processing alerts have to report the facts collected to the judicial authority, the information likely to identify the whistleblower may also be communicated to him. In this case, the whistleblower shall be informed.

Civil irresponsibility

Where the procedure for reporting or public disclosure is followed, beneficiaries of protection may not be ordered to pay damages for the damage caused by such reporting or public disclosure.

The whistleblower must have had reasonable grounds to believe that this procedure was necessary to safeguard the interests threatened.

Criminal irresponsibility

Where the procedure for reporting or public disclosure is followed, beneficiaries of protection are not criminally liable.

This irresponsibility applies to infringements possibly committed in order to obtain documents proving the information reported or disclosed.

However, there must not have been an infringement in order to obtain the information itself.

Protection against reprisals, including disciplinary measures

The protection covers any retaliatory measures that may be taken against the whistleblower and that take in particular one of the following forms:

  • Suspension, lay-off, dismissal
  • Demotion or refusal of promotion
  • Transfer of duties, change of workplace, reduction of salary
  • Suspension of training
  • Negative performance rating
  • Disciplinary measures
  • Discrimination
  • Non-renewal of a fixed-term or temporary employment contract.

An employer who acts or takes a decision against the whistleblower contrary to the principle of protection may have his action annulled by the judge.

Whistleblowers who believe that they are the victim of a measure contrary to this principle of protection can thus to refer the matter to the labor council.

No, no, no. Protection concerns the whistleblower, but also any natural person (colleagues, relatives) or morality (such as a trade union) that assists in making the report or disclosure.

No, no, no. The whistleblower is not obliged to follow a specific procedure in order to benefit from protection.

The whistleblower can thus decide to carry out an internal or an external alert.

Internal reporting

The internal reporting procedure differs depending on the size of the company:

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Company of less than 50 employees

If there is no internal procedure for the collection and processing of alerts in the company, the internal alert may be made to the hierarchical superior.

It may also be made directly to the employer or to a referee designated by the employer.

Company of 50 or more employees

The employer shall establish an internal procedure for the collection and processing of reports, after consulting the ESC: titleContent.

This procedure must be communicated to employees by any means (display, note, message, etc.).

The author shall be informed of the receipt of his report within a period of 7 working days from this reception.

It shall also be informed in writing, within a reasonable time, measures envisaged or taken.

This period may not in any case exceed the following periods:

  • 3 months from the acknowledgement of receipt of the alert
  • 3 months from the end of a period of 7 working days following the alert, in the absence of acknowledgement of receipt

Please note

Multiple companies, effective less than 250 employees may pool a procedure for the collection and processing of alerts.

External reporting

External reporting may be carried out either directly, or after internal reporting.

It shall be carried out with the following authorities or institutions:

  • Defender of Rights
  • Judicial authority
  • Competent EU institution, body, office or agency in the event of a breach of EU law
  • Competent authority, in particular :
    • DGCCRF: titleContent
    • HAS: titleContent
    • Cnil: titleContent
    • DGT: titleContent
    • DGEFP: titleContent

The external report shall specify whether or not an internal report has been transmitted.

The person making the alert must be informed in writing of its receipt within 7 months working days, except in special cases (in particular the preservation of the identity of the author).

The authority seised shall communicate in writing to the person making the alert, within a reasonable time, the measures envisaged or taken.

This period may not in any case exceed the following periods:

  • 3 months from the acknowledgement of receipt of the alert
  • 3 months from the end of a period of 7 working days following the alert, in the absence of acknowledgement of receipt

The time limit may, however, be extended to 6 months if the circumstances of the case so warrant.

Public disclosure

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In the presence of an acknowledgement of receipt of the external alert

Public disclosure is possible only in the following cases :

  • If no appropriate measures was taken in response to this report:
    • If one of the competent authorities has been seized (DGCCRF, ASN...), after a period of 3 months fromacknowledgement of receipt of alert
    • If another authority has been seized (defender of rights, judicial authority...), after a period of 6 months fromacknowledgement of receipt of alert
  • In case of serious and imminent danger
  • In case of imminent or manifest danger to the public interest
  • Where the external report causes the whistleblower to risk of retaliation
  • When the external reporting has no chance of success

In the absence of an acknowledgement of an external alert

Public disclosure is possible only in the following cases :

  • If no appropriate measures was taken in response to this report:
    • If one of the competent authorities has been seized (DGCCRF: titleContent, ASN: titleContent...), after a period of 3 months from the end of a period of 7 working days from the date of reporting
    • If another authority has been seized (defender of rights, judicial authority...), after a period of 6 months from the end a period of 7 working days from the date of the alert
  • In case of serious and imminent danger
  • In case of imminent or manifest danger to the public interest
  • Where the external report causes the whistleblower to risk of retaliation
  • When the external reporting has no chance of success

Warning  

Whistleblower protection does not apply where public disclosure is prejudicial to the interests of defense and national security.

The Defender of Rights loose, advisor, orient and guard whistleblowers.

The Defender of Rights may also be consulted by any person to issue an opinion on his status as whistleblower.

The Defender of Rights shall direct the whistleblower to the competent authority or authorities.

In the areas that depend on his other missions, and in these areas only (discrimination, children's rights, etc.), the Defender of Rights process and study the report made.

The Defender of Rights is typed by mail. You can use an online service to learn how to:

Reach the Defender of Rights (whistleblowers) by mail

Public Health-Environment

The employee shall inform his employer if he considers, in good faith, that the products or manufacturing processes used or carried out by the establishment pose a serious risk to public health or the environment. If this employee is a member of the ESC: titleContent, special provisions shall apply. In all cases, these employees are afforded specific protection.

The procedure varies depending on whether the employee is a staff representative at the CSE or not:

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The employee is a staff representative at the CSE

The employee representative at the EESC who establishes, in particular through a worker, that the products or manufacturing processes used or carried out by the establishment pose a serious risk to public health or the environment, by alert the employer immediately.

The alert shall be recorded in writing in a special register with numbered pages.

This alert is dated and signed.

It shall contain the following information:

  • Nature of serious risk to public health or the environment
  • Potential consequences for public health or the environment
  • Any other information relevant to the assessment of the recorded alert

The employer shall examine the situation together with the employee representative at the ESC who has forwarded the alert to him and inform him of the action he is taking on it.

The employee is not a staff representative at the CSE

The worker shall immediately inform the employer if he considers, in good faith, that the products or manufacturing processes used or carried out by the establishment pose a serious risk to public health or the environment.

The alert is recorded in writing in a special register pages are numbered.

This alert is dated and signed.

It shall contain the following information:

  • Nature of serious risk to public health or the environment
  • Potential consequences for public health or the environment
  • Any other information relevant to the assessment of the recorded alert

The employer shall inform the employee who has sent him the alert of the action he has taken on it.

Please note

The special register shall be kept, under the responsibility of the employer, at the disposal of the staff representatives at the ESC.

Yes. An employee who alerts the employer about a public health or environmental matter may not be penalized or dismissed on that ground, or be victim of a measure discriminatory.

Moreover, the employee who has alerted his employer on this subject cannot be liable (civilly or criminally) for any damage caused by his report.

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