Decision-making companies or employees commit an offense they will have enough more complex or at least they will have a much higher chance of being discovered and punished. The entry into force of Law No. 2/2023 transposing a European directive, Organizations with more than 50 employees have Channel to report behavior considered to be against the regulations. An additional complaint completely anonymous, any member of the company potential sneak.
In this way, it is aimed that the companies themselves hypervigilance to avoid illegal behavior that might affect them, under threat of being ridiculed opening an investigation as a result of one of these complaints. And of course also legal consequences This can be derived if the facts disclosed prove to be true.
when it comes to the state Alicante they will be one720 companies According to the latest data presented by the INE Corporate Center Directory, those who will have to voice this anonymous complaints system when they exceed 50 employees. those who have more than 250 workers -that is, 94- must apply first next June 13, during the rest those affected will have -624- until the next 1st of December
Some deadlines justifying that the topic is already on the lips of many businessmen and they are starting to organize information days in this context, as organized this Tuesday by the Círculo Empresarial de Elche y Comarca (Cedelco) in collaboration with Grupo Asesor Ros.
as you remember Alexander Perez, The biggest innovation of this venture, which is the partner of this consultancy, is the implementation of this whistleblowing channel, unlike the ‘compliance’ plans where companies theoretically have to guarantee that they comply with all regulations. yes it is mandatory.
In this sense, in addition to the agreed mechanism for employees to submit their reports – the most common is expected to be a section on the web – each affected company has a procedure to process these complaints and appoint a responsible personto be reported to the new Independent Whistleblower Protection Agency. Confidentiality must always be guaranteed and, where appropriate, the anonymity of the complainant.
This is undoubtedly the most controversial aspect, as it can lead to unfounded complaints filed against co-workers or company executives for personal reasons or revenge purposes and can lead to problems. “That was the InquisitionSeeing the regulations as “a very worrying setback”, Pérez says that anyone can report a neighbor without any proof or showing their face, something modern Criminal Law has come to an end.
In any case, as stated Juan Jose CortesFrom the legal field of Devesa & Calvo, the law itself creates a filter to stop such situations. Cortés therefore reminds that the person responsible for the internal information system must undergo training and also has a set of criteria for deciding whether to accept one of these complaints for processing. “If the subject is a personal matteror disclosed facts clearly wrong or what is condemned not an irregularity or a violation, simply an opinion that things should have been done differently, directly not allowed“The lawyer explains.
In this context, it should not be forgotten that complaints may be against them. comrades those caught in any unlawful act – for example, getting their hand in the company drawer – or against the company itself, For example, if it is thought that this is the person who committed the irregularity while evading tax. Anything contrary to European Union Law, or any act or omission that constitutes a serious or very serious criminal or administrative offense, in addition to those that amount to damage to the public coffers, is considered as such.
In this sense, as soon as there are indications that what is reported in the responsible person of the channel may constitute a crime, should be reported to the prosecutor’s office, who will take action on the issue. It should be noted that in Spain legal persons also have criminal liability, so they can be convicted together with those responsible.
In addition, employers, trade unions and political parties
New regulations mandating the establishment of an anonymous complaint channel will also affect political parties, trade unions, commercial organizations and their foundations as long as they manage public funds. The absence of this mechanism will be penalized, so companies and organizations that do not have it will face huge sanctions ranging from 600,000 to one million euros. The law allows the management of these internal information systems to be carried out by an external third party, provided it provides adequate guarantees of independence, confidentiality, data protection and respect for the confidentiality of communications. “It will change the way many companies work, it’s a paradigm shift,” says Alejandro Pérez, partner at Grupo Ros Asesores, positively emphasizing the greater effort companies will take to ensure they comply with all legislation.