The whistleblowing channel is a new obligation that companies must be very aware of. It is easy for you to know about it, but it is also easy for you to have overlooked it. Law 2/2023, of February 20, regulating the protection of people who report regulatory violations and the fight against corruption came into force on March 13 and puts on the table the need for companies with more than 49 employees to have an internal whistleblowing channel.
With Woffu we offer you a reporting channel that complies with the regulations of the Whistleblowing Directive to the letter.
What is the complaints channel in a company?
Through the aforementioned legislation, this new decree (which is already in force in our country) aims to protect people who, in a work or professional context, detect serious or very serious criminal or administrative infractions.
Thus, the reporting channel functions as a tool that allows any person in a company to report an infraction that has occurred within the work environment. These communications must be completely anonymous and confidential and a manager (the one who has been enabled) will be responsible for receiving this information.
How does a complaints channel work?
The basis on which the operation of a reporting channel is governed is, without a doubt, confidentiality. It must be a secure system, which guarantees the safety of the people (reporter and any of those mentioned in the report) and to which only authorized individuals have access.
The system must guarantee that reports can be transmitted in writing or verbally, in an agile and fast manner, and can be stored for at least two years, which is the period established by law. In addition, the system must operate independently and separately from the communication channels that the company has capabilities for. At the same time, a clear procedure must be established for management, proof of receipt and monitoring, through one or more responsible persons.
Is my company required to enable a reporting channel?
According to current legislation, these are the companies required to enable a complaints channel:
- All companies and/or public sector entities
- All private sector companies with more than 49 employees
- All companies in the financial sector
- Political parties, unions and business organizations
- Foundations that manage public funds
How to enable a complaints channel in the company?
If your company is required to enable a complaints channel, you must take a series of steps:
Decide which means we will use to manage complaints. It is best to have specific or complementary software that guarantees compliance with regulations, such as Woffu.
Assign a person responsible for the complaints channel. It does not have to be an exclusive position, because the professional can perform other functions within the company.
Create a rule that regulates the reporting channel. It is essential to have it prepared and shared, so that people in the company know exactly what the reporting channel is for, who can use it, through which channels, how reports should be submitted, what types of issues can be reported and how each report will be resolved (step by step). ISO 37002 is the international standard that regulates the reporting of irregularities in companies and contains information on how to integrate a reporting channel into your systems.
The registration of complaints. It is essential to keep track of all the complaints that have been made and, of course, the resolution and measures taken.
Communication of the existence of a complaints channel. After having taken all these steps, employees must be informed about the existence of a complaints channel. We must explain to them how it works and its regulations.
When should the complaints channel be operational?
The law the regulates the implementation of reporting channels in companies has been in force since May 13, 2023. Since that date, the Government has given a series of deadlines, depending on the nature of the company. Let’s see what the deadlines are:
- Public administrations, entities and companies with more than 249 employees: June 13, 2023
- Companies with between 50 and 249 employees: December 1, 2023
Will there be penalties for companies?
Yes, failing to comply with the law can lead to sanctions for companies and individuals. These are the following:
- From €30,001 to €300,000 for individuals
- From €600,001 to €1,000,000 in the case of companies
All those who file false complaints will also be subject to sanctions and there will be fines, logically, if complaints, information and confidential documentation are revealed.
The reporting channel is now mandatory for all companies with more than 49 employees, among others. Therefore, it is advisable that we get to work implementing a system that guarantees its operation as soon as possible.
Call now at 938836899 and we will help you activate your reporting channel.
Source ©2023 Woffu Job Organizer, SL.
