France Update: Companies’ internal regulations must now include whistleblower protection

Law No. 2022-401 of 21 March 2022 obliges companies employing at least 50 employees to update their internal regulations with effect from 1 September 2022, in order to take into account recent legislative changes aimed at improving the protection of whistleblowers, initially resulting from Law No. 2016-1691 of 9 December 2016.

Thus, the rules of procedure will have to recall the existence of this whistleblower protection system (new Article L. 1321-2 of the Labour Code).

In addition, the internal regulations must recall the provisions of the Labour Code relating to the prevention and punishment of sexual and psychological harassment at work. Those provisions were amended by the same law of 21 March 2022. The rules of procedure will therefore have to reproduce the new version of Article L. 1152-2 (on psychological harassment) and Article L. 1153-2 (on sexual harassment) of the Labour Code, both of which grant whistleblower protection to persons who have been victims or witnesses of such acts. Article L. 1153-3, which has become redundant, is repealed (Article L. 1153-4 therefore ceases to refer to it).

The update of the internal regulations to comply with the law of 21 March 2022 can also be an opportunity to integrate devices from previous laws, which sometimes have not been taken into account. That is the case, in particular, with the prohibition of sexist conduct and neutrality clauses.

It should be recalled that the procedure for amending the rules of procedure follows that of their implementation: consultation of the CSE, publicity with the staff and filing with both the labour inspectorate and the industrial tribunal, at least one month before the entry into force of the regulation. As a result, for those who have not yet anticipated it, companies should launch this summer project without delay, with a view to coming into force on September 1, 2022.

By Nicolas Lepetit, France, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact france@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.