Whistleblowers: What are the procedures to know?

Whistleblowers are protected by law from punishment or discrimination.

Private sector

Whistleblowers in the company if, in good faith, they discover that there is a serious risk to public health or the environment, they must notify their employer. This alert must then be recorded on a special register, dated and signed. The reporting procedures differ depending on whether or not employees are members of the Social and Economic Committee (ESC) and on the size of the company.

In the event of a discrepancy with the employer on the alert or if the alert has no follow-up within one month, the employees can contact the public prosecutor, the prefect or the professional associations (medical association for example).

Public service

Whistleblowers in the Public Service (officials or contract staff) acting in good faith and having personal knowledge of certain wrongful acts or acts (threat or serious prejudice to the general interest in matters such as public health or the environment, violation of an international commitment by France, etc.) may make a report within their administration at the level of their hierarchical superior or to a

alert referent

. Some administrations, such as State administrations or municipalities with more than 10 000 inhabitants, must establish a procedure for collecting alerts.

If there is no follow-up, the officials may bring the facts to the attention of the competent administrative authority (French Anti-Corruption Agency, for example), the corresponding professional body or the Public Prosecutor. In the event of serious and imminent danger, officers may approach these entities directly without going through their chain of command.