New Legislation | In depth look: France implements obligations regarding Whistleblowers
Transparency, responsbility, accountability…such are the guiding words of the new « Sapin II Law », fully named the « Law on Transparency, the Fight Against Corruption, and for the Modernisation of Economic Life » which was recently approved by France’s Constitutional Council and which will now enter into effect over the coming months.
What do you need to know?
-
Sapin II expands extra-territorial reach for French prosecutors. The law applies fully to corruption by French companies overseas and foreign companies who have a presence in France
-
Creates new obligations for companies to take an active role in preventing corruption. Companies with over 500 employees and/or an annual turnover in excess of EUR 100m must put in place a framework to allow for accountability.
-
The law puts in place eight mandatory measures for a corruption prevention program with more to come. So far, these include a code of conduct to be integrated into the internal regulations of the company; a whistleblowing line; ongoing risk assessments; due diligence regarding clients, suppliers and intermediaries; internal and external controls; training; a roster of disciplinary sanctions; and an internal audit of the program. Companies will need to consult with their employee representative organizations prior to integrating the code of conduct into internal regulations. Foreign companies with similar systems already in place will have to update and adapt them.
-
The law creates a new national anti-corruption agency called Agence Française Anticorruption (AFA).
-
The law requires all companies with more than 50 employees to establish a whistleblower mechanism and provide protection against retaliation guaranteeing confidentiality.
-
The system is different from its UK and US counterparts. It only applies to disinterested parties. The whistleblower must have firsthand knowledge of the facts they are reporting. With very few exceptions, whistleblowers receive immunity from criminal prosecution.
-
Whistleblowers must first use the internal whistleblowing channels before blowing the whistle to the public authorities and the press.
History
-
Do’s & Don’ts | This month: Lump sum agreements
Published on : 07/07/2017 07 July Jul 07 2017NewsA popular alternative to the standard 35-hour workweek exists for certain con...
-
Thursday June 29th 2017 │Redundancy schemes, four years on from the "loi de sécurisation de l’emploi"
Published on : 23/06/2017 23 June Jun 06 2017NewsNews / Breakfast BriefingsA 2013 Act of Parliament known as the loi de sécurisation de l’emploi has mad...
-
1 minute to get it | What to expect from the Macron Presidency ?
Published on : 21/06/2017 21 June Jun 06 2017NewsUnderstand in one click the lastest news in employment law
-
FWTA Webinar: The Changing Workplaces Review: What it Means for Employers
Published on : 08/06/2017 08 June Jun 06 2017L&E GlobalFilion Wakely Thorup Angeletti LLP, L&E Global’s member firm in Canada, is pl...Source : leglobal.org
-
"Emmanuel Macron’s Economic Plans for France Draw Pushback" an interview with Florence Aubonnet
Published on : 11/05/2017 11 May May 05 2017Our partners in the newsProposals to free up labor market while preserving welfare state spark p...
-
What to expect from the Macron Presidency?
Published on : 09/05/2017 09 May May 05 2017NewsEmmanuel Macron has demonstrated a genuine desire to reform France. During hi...
-
Do’s & Don’ts | This month: Requalification Risks !
Published on : 03/04/2017 03 April Apr 04 2017NewsIt can be tempting to enter into consultancy agreements with independent cont...
-
New Legislation | In brief: France legislates for social progress and activism
Published on : 03/04/2017 03 April Apr 04 2017NewsThe law on Equality and Citizenship, published in the Journal Officiel on Jan...
-
New Legislation | In depth look: France implements obligations regarding Whistleblowers
Published on : 03/04/2017 03 April Apr 04 2017NewsTransparency, responsbility, accountability…such are the guiding words of the...
-
Recent case law | Can a CBA extend maternity leave protections?
Published on : 03/04/2017 03 April Apr 04 2017NewsAdditional maternity leave instituted by a national collective bargaining agr...