Chamber gives green light to whistleblower scheme for employees | Interior

Apart from a framework for reporting breaches in the financial sector, there is currently virtually no protection in Belgium for employees who reveal scandals within their organization. However, they sometimes face dismissal or legal prosecution.

A government bill now creates three channels through which employees of private companies can report abuses. This can be done within the company, with the government or through the press. The federal ombudsman and the federal human rights institute FIRM will inform, guide and support whistleblowers.

From 50 employees, companies must provide such an internal channel for whistleblowers, with a manager who must provide a response within three months after a report has been made. The labor inspectorate can check this.

If the internal procedure is not sufficient, or if there is no confidence in the company, employees can submit a complaint directly to the Federal Ombudsman. Former employees, volunteers, trainees, self-employed persons, shareholders, directors, subcontractors and suppliers can also go there.

Finally, a report can also be made via the press, for example if there is an immediate danger to the public interest or a risk of destruction of the evidence.

The European directive should have been transposed into national law at the end of last year, but Belgium and several other European member states were delayed. The government is convinced that the Belgian regulation goes further than what the European Union prescribes. For example, fiscal and social fraud also fall within the scope, anonymous reports are possible, there is no exception for professionals covered by professional secrecy, and so-called ‘statistical professionals’ such as tax advisors or accountants can also become whistleblowers.