Are you ready to give whistleblowers a voice?

On December 15, 2022, the law establishing a Belgian whistleblower protection system for employees in the private and public sectors was published. Whistleblowers are any individuals who bring to light irregularities (violations of the law) within their organization. The European Union requires member states to protect whistleblowers and ensure that violations of the law reported by them can be detected and addressed at an early stage. The Belgian framework goes somewhat further than what the EU requires and will entail new obligations for many companies and organizations. Among other things, the law requires companies with at least 50 employees and government agencies to establish reporting channels that guarantee the confidentiality of the reporter’s identity and the impartial handling of a report. Organizations with at least 50 employees must establish an internal reporting system, after consultation with the social partners, and maintain a record of every report received. The reporting channel must meet various requirements. As an employer, you will also be required to provide clear and accessible information about the available reporting channels and the handling of reports (for example, through the employee handbook or an internal policy). For organizations with 250 or more employees, the internal reporting channel must be established by February 15, 2023. Legal entities with 50 to 249 employees are given more time—until December 17, 2023—to establish an internal reporting channel. When a whistleblower reports a violation of the law regarding topics such as public procurement, financial services, social fraud, environmental protection, public health, etc., he or she is also protected against retaliation under certain conditions. For example, employees may claim special damages if they are dismissed, suspended, demoted, or otherwise treated unfavorably as a result of their report. The legal deadlines are approaching, so it is important for organizations to stay well-informed and take timely action. This can be done by developing an internal reporting channel and policy, but there are also various service providers that offer reporting channels or can even be appointed as reporting administrators. Whichever solution you choose, Crauwels Advocaten is happy to provide you with all the necessary individualized support to ensure the law is implemented correctly.