At a glance
On 24 January 2023, the Senate approved the Whistleblowers Protection Act. This article summarises what to expect under the new legislation.
This Act aims to better protect the legal position of whistleblowers. Every employer with 50 or more employees will be obliged to establish an internal reporting channel to which employees who suspect a breach can go. An internal reporting scheme must meet certain requirements on, for example, a reasonable timeframe and the manner in which a report must be made.
The Whistleblowers Protection Act extends the prohibition on disadvantaging employees, changes the burden of proof in case of retaliation and prohibits entering into non-disclosure agreements. In addition, it requires participation of the works council, employee representative body or the majority of employees.
The Whistleblowers Protection Act will enter into force on a date still to be specified. Every employer with 50 or more employees must have an internal reporting channel and an internal reporting scheme. Employers will have to adapt their internal reporting channel to comply with the Whistleblowers Protection Act. When establishing or changing an internal reporting channel, the works council, employee representative body or the majority of employees has the right of consent.
The legislator makes a distinction between small employers which have 50 to 249 employees and large employers which have 250 or more employees. It is expected that large employers will soon be required to establish an internal reporting channel and draft an internal reporting scheme to comply with the Whistleblowers Protection Act. Small employers are subject to transitional law and will in all likelihood be given until 17 December 2023 to comply with the Whistleblowers Protection Act.
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