Any worker who becomes aware of a breach of law in their company will have the right to report it. Employers will have to defend such whistleblowers against retaliation, protect their identities, and follow up on their reports. That is why the law requires employers to consult the related procedures with the unions or workers' representatives. The idea is to make sure employees have an opportunity to speak up since it is them that the law is designed to benefit.

The consultation is to be with company trade unions or with elected representatives of the workers. In the case of the unions, standard rules will apply. If a company has no trade unions, workers' representatives have to be appointed.

It is not clear if this role may be filled by works councils, which only represent employees, not all the workers. However, we believe the law does not require the appointment of a completely new body solely for consultation of internal reporting procedures. The works council may be used for the purpose, with the addition of representatives of workers employed under other contracts.

Trade unions can help whistleblowers to make their reports. As facilitators, they can ensure compliance with internal reporting procedures, report retaliation, or provide legal assistance to whistleblowers affected by retaliation. Not inconceivably, the unions can also engage in external reporting by notifying violations to public authorities.

Find more in the PRO HR July 2024.