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What is a complaint channel?
The complaints channel is a tool designed to guarantee the protection and integrity of all those people who are part of a company and who want to report an infringement committed within their work environment.
Its objective is that any employee, customer or supplier can report an irregularity committed by the company anonymously, so the source of the report will be unknown, which is a peace of mind for all those people who want to report
Reasons for which the company can be reported
- Not having registered a worker with Social Security.
- Force employees to work overtime without pay.
- Cases of workplace or sexual harassment.
- Existence of false freelancers in the company.
- Breach of the regulations on the prevention of occupational risks
- Not having a record of the day.
What requirements must the internal complaints channel meet?
An internal complaint channel is a fundamental tool to prevent violations and crimes in those organizations obliged to implement it. In accordance with the current regulations, its configuration fully complies with the following legal requirements:
- The system must ensure the anonymity of the complainant and the persons mentioned in the complaint. This information can only be accessed by authorized subjects.
- The company must appoint a complaints manager. In addition, it must create an information management procedure in accordance with the law.
- The mandatory reporting channel should be easy for anyone to use. You must also provide a receipt and establish guarantees of confidentiality.
- independence The system cannot be part of other internal communication mechanisms.
- Information storage. These complaints must be kept, at least, for two years.
- The complainant must be able to file the complaint orally or in writing.
The fulfillment of all these requirements implies a firm commitment of the company to transparency.
Who has to answer the complaints?
Complaints received will be dealt with by qualified personnel. The administrative body must designate a person in charge of the system, who must be the one who develops independently and autonomously the management of the complaint channel.
The process must be properly documented and contain evidence, as well as respecting privacy, confidentiality and data protection requirements on the files generated.
What happens if this rule is ignored?
Failure to comply with the requirements of this new regulation can result in fines of between 1,001 and 300,000 euros for natural persons. And up to one million euros for legal entities. The amount of the penalty is determined based on the seriousness of the offense committed.
If you need more information, do not hesitate to contact DATA AND SERVICES