2023-12-01 09:59:43
THE companies with more than 50 employees they must have skill from today a channel of complaints to receive complaints about regulatory irregularities or cases of corruption that occur in the company. The measure, foreseen by the Law on the Protection of Informants, will affect 395 companies in all the regions of Girona and about 27,000 in all of Spain. Companies with more than 250 employees (70 in the Girona counties) already had this obligation since last summer, and this December 1 it extends to those who have more than 50.
The new law introduces the requirement that the complaints channel is open not only to employees, but also to third parties outside the organizationor, such as customers, suppliers or even competing companies.
“Employers must perceive it as a way ofanticipate infringements that can endanger the business. And many are taking it this way”, says Rafael Sánchez, Compliance and Criminal partner of the law firm Fieldfisher. Despite the facilities that exist to implement the channel, Pimec, the employers’ association of small and medium-sized companies in Catalonia, assures that this new obligation means extra expense and new effort for entrepreneurs.
The companies will have to provide a computer system so that complaints can be processed and a person to manage them and investigate their veracity. “It must be an external employee or someone internal to the company. In some companies this facet has been assumed by the person in charge of Human Resources, but we recommend that it be managed through a specialist external to the company, to avoid conflicts of interest”, explains Rafael Sánchez. “The challenge for companies is to establish this system for comply with the law without requiring a great added financial effort. The companies are receiving it well, at first they saw it as an additional cost and requirement, but they are adapting well”, he adds.
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