Law 2022-401 of 21 March 2022, known as the 'Waserman Law', which introduced changes to the status of whistleblowers, came into force on 1 September 2022. This reform redefined whistleblowing, simplified the triggering of whistleblowing and listed the measures that may not be taken against whistleblowers.
- Also, since 1 September 2022, the internal regulations must recall the existence of the whistleblower protection system (Article L. 1321-2 of the Labour Code).
(i) the provisions relating to employees' rights of defence in disciplinary matters, and (ii) the provisions relating to moral and sexual harassment and sexist behaviour. As the latter have been amended by the Waserman Act of 21 March 2022, the internal regulations must be updated on this point too.
- The updating of the internal regulations is subject, as a reminder, to a specific procedure (consultation of the CSE, transmission to the Labour Inspectorate, filing formalities and information of employees).
- Failure to comply with these rules exposes the company to the fine laid down for fourth-class offences, i.e. a fine of up to EUR 750. In addition, employees and trade unions could also claim damages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
