WHAT is the ANONYMOUS Whistleblowing CHANNEL FOR?
Law 2/2023, of 20 February, regulating the protection of persons who report regulatory infringements and the fight against corruption (Ley 2/2023, de 20 de febrero, reguladora de la protección de las personas que informen sobre infracciones normativas y de lucha contra la corrupción) states that the purpose of the whistleblowing channel is to:
- provide adequate protection against reprisals against individuals who report violations.
- strengthen the information culture, the organisations' integrity infrastructures and the promotion of the information or communication culture as a mechanism for preventing and detecting threats to the public interest.
WHEN AM I OBLIGED TO HAVE AN ANONYMOUS whistleblowing CHANNEL?
Companies with more than fifty employees are obliged to have an anonymous whistleblowing channel or "anti-corruption channel" as of the 31st of December 2023.
WHAT FACTS CAN BE REPORTED THROUGH THE whistleblowing CHANNEL?
- Any acts or omissions that may constitute infringements of European Union law.
- Acts that infringe corporate tax rules or practices aimed at obtaining a tax advantage that distorts the IS.
- Actions or omissions that may constitute a serious or very serious criminal or administrative offence, in particular those involving financial loss to the Public Tax Authorities and to the Social Security.
- Infringements of labour law in matters of health and safety at work, without prejudice to that established in its specific regulations.
You can rest easy when contracting our services: the information obtained by the lawyers is not subject to these regulations, as all the information we obtain must be used to advise you on how to comply with the law and for your defence.
Our whistleblowing platform:
- is user friendly
- protects the whistleblower’s privacy and submissions by default
- is monitored by labour lawyers
- can be acessed in Spanish or English
- can be personalised with the logo and colours of the company
- protects against automated submissions (spam prevention)
whistleblowing CHANNEL QUOTE:
Request a quote for us to implement and manage your whistleblowing channel for you:
WHO CAN INFORM THROUGH THE whistleblowing CHANNEL?
- public employees
- employees for both the private and public sector
- self-employed persons who have obtained information about infringements while working for clients.
- shareholders, participants and persons belonging to the administrative, management or supervisory body of a company, including non-executive members.
- any person working for or under the supervision and direction of contractors, subcontractors and suppliers.
- former workers
- volunteers, interns, and trainees, whether or not they receive remuneration.
- pre-employees, even if they have not yet started the employment relationship, if they have obtained information during the selection process or pre-contractual negotiation.
- legal representatives of the employees in the exercise of their functions of advising and supporting the informant.
PROTECTION OF THE whistleblowing CHANNEL:
Both the whistleblower, as well as third parties assisting the process or related persons such as colleagues or family members of the whistleblower who may suffer retaliation, or even legal persons with whom the whistleblower works or is linked through an employment relationship or significant involvement, shall be protected when:
- (a) they have reasonable grounds to believe that the information referred to is true at the time of the communication or disclosure, even if they do not provide conclusive evidence, and that the aforementioned information falls within the scope of this Law,
- (b) the communication or disclosure has been made in accordance with the requirements of this Law.
The following are expressly excluded from protection:
- (a) Information contained in communications that have been inadmissible by any internal information channel or for any of the causes provided for in Article 18.2.a).
- b) Information linked to complaints about interpersonal conflicts or affecting only the whistleblower and the persons to whom the communication or disclosure refers.
- (c) Information which is already fully available to the public or which constitutes mere hearsay.
- (d) information which relates to acts or omissions not covered by Article 2.
HOW MUST I PROTECT THE ANONYMOUS whistleblower?
Acts constituting retaliation, including threats of retaliation and attempts to retaliate against persons who make a report under this law are prohibited.
Retaliation may include acts or omissions that are prohibited by law, or that directly or indirectly result in unfavourable treatment that places the reporting person at a particular disadvantage compared to another person in the employment or professional context, solely because of their status as a whistleblower, or because they have made a public disclosure.
RETALIATION BY WAY OF EXAMPLE:
- Damage, including reputational damage, or financial loss, coercion, intimidation, harassment or ostracism.
- Negative evaluation or references regarding job or professional performance.
- Blacklisting or dissemination of information in a particular sectoral area, which hinders or prevents access to employment or the contracting of works or services.
- Refusal or cancellation of a licence or permit.
- Denial of training.
- Discrimination, or unfavourable or unfair treatment.
- And, unless these measures were carried out as part of the regular exercise of managerial power under labour legislation or the corresponding public employee statute, due to circumstances, facts or accredited infractions, and unrelated to the submission of the communication, the following is also considered retaliation:
- Suspension of the employment contract
- Termination of the employment or statutory relationship, including non-renewal or early termination of a temporary employment contract once the probationary period has expired, or early termination or cancellation of contracts for goods or services,.
- Imposition of any disciplinary measure
- demotion or denial of promotion.
- Any other substantial modification of working conditions
- Failure to convert a temporary employment contract into a permanent one, if the worker had legitimate expectations that he/she would be offered a permanent job.
Is your business obliged to have an anonymous whistleblowing channel but you're not sure where to start? Contact us and we'll implement it for you: