The application of a regulation that obliges Spanish companies with more than 50 workers to design and promote an effective internal complaints channel is closer. This regulation would force organizations to face fines of up to one million euros if they do not do so, according to the publication of the whistleblower protection bill in the Official Gazette of the Cortes Generales.
Thus, the first phase to avoid economic losses for sanctions of this type or even reputational damage, is to set up an effective complaints channel like modern digital channels. Once the company has installed a system of these characteristics, the employees and departments involved must prepare to make and receive complaints within the organization.
It is at this point, where creating processes that make it possible to receive and manage complaints effectively becomes a fundamental aspect to guarantee the protection of the whistleblower. To facilitate this task, EQS Group Spain, a provider specializing in regtech servicesreveals a series of key points that companies must follow to design these processes and getting the organization to comply with the law and achieve a fully effective reporting culture:
1. Make information channels visible to employees
Once you have implemented the reporting channel, it is essential to make it visible and accessible to all employees. This means not only changes in the structure of the web, but also powerful internal communication campaigns that help the staff of each company to understand what it is and how it works.
In this sense, it is essential to explain to the employee the importance of the complaints, that the system fully guarantees anonymity and that the company will not retaliate, but that the complaint has a positive effect within the organization. Thus, the channel and its communications must be adapted to all the languages used in the company, and must have the public support of the senior managers of each department.
2. Promote dialogue in the complaint
In the early phases of implementation, it is common for the informant to have some kind of doubt when making a complaint. The possibility of being able to contact the informant (confidentially), to seek a dialogue with him and to ask him follow-up questions, contributes an added value.
In this sense, the employee should be explained that the more evidence and information provided, the better it will be to adequately assess the facts of the case. Thus, it is possible that the whistleblower may have photographs, audio recordings, or documents that he would like to provide later.
3. Define a person or team that manages complaints
In every company it should be clear which reference to turn to when in doubt about the process or even to report previously. Appointing a person in charge to ensure this objective will make the difference between a company that is committed to the culture of reporting and transparency, and another that is not.
In this way, the employee will see a person or several who really believe this concept and it will be easier to convince them to implement channels and solutions, as well as to encourage them to alert. Also, if you have a reference or trusted person within your department who promotes accessibility to these channels, the convincing effect will be double within the organization.
4. Open complaint channels to interested parties
The bill announces that the law will apply to informants working in the private or public sector and who have obtained information on infractions in a labor or professional context, including in any case: people who have the status of public employees or workers for others, self-employed, shareholders, participants and people belonging to the administrative, management or supervision of a company, including non-executive members, and anyone working for or under the supervision and direction of contractors, subcontractors and suppliers.
5. Periodically monitor the updating of reporting channels
Due to the dizzying pace of technology and the constant legislative changes, choosing the right channel for the company and, above all, one that complies with the current regulations of the country can become a complicated task.
For this reason, for some years now, the option of having a digital complaints channel has been positioned as the best alternative to not worry both of the legislative modifications that may occur and of having the most effective specifications in the complaints system. Digital reporting channels are the only way to guarantee anonymity, even during the subsequent dialogue.
