Can I draw up the reporting procedure myself?
Yes, you can basically draw up the reporting procedure yourself. The law does not prescribe a fixed form or standard text. However, there are a number of elements that must be included in the procedure, such as the way an employee can report, who receives and handles the report, and the deadlines for acknowledgement of receipt and feedback. As long as those elements are correct and align with how your organization works, drawing it up yourself is not a problem.
Where things often go wrong is not the text itself but the alignment with practice. A procedure that is complete on paper but does not match who actually handles reports in your organization or how the works council is involved will raise more questions in an inspection or dispute than a brief, accurate procedure. If you are unsure about a specific wording or how the procedure relates to other internal procedures, it is wise to consult a lawyer.
What must definitely be included
A reporting procedure describes four things at its core: how an employee can report (in writing, orally or anonymously), who receives and further handles the report, what deadlines apply for acknowledgement and feedback, and how the identity of the person making the report is protected. In addition, it should include something about protection against detriment following a report. These are elements that appear in virtually every sector, regardless of the size of the organization.
You are free to determine the order and wording. Some employers opt for a brief procedure of one or two pages, others develop it more comprehensively with examples and a step-by-step guide. Both can suffice, as long as the mandatory elements are present and the procedure is understandable for the employees who need to use it. In the knowledge base with explanations per element you will find an explanation for each subject on what belongs in it.
Doing it yourself versus outsourcing
The boundary between doing it yourself and outsourcing usually does not lie with the text of the procedure, but with its implementation. Drawing up a document is one step; keeping track of deadlines, safeguarding the confidentiality of reports and documenting the handling are an ongoing task. Many SMEs find that this latter part is time-consuming, particularly because it does not happen every week and therefore easily falls out of view.
A platform can support that implementation without taking over the substantive assessment. For example, signalo.eu provides the report page, the handling environment and automatic monitoring of the statutory deadlines, but the handling of a report always remains with the employer. We structure and monitor, we do not assess any report and do not provide legal advice. On the page about how the platform works you can see exactly which part of the process is automated and which part remains with you.
The role of the works council
Even if you draw up the procedure yourself, approval by the works council remains a separate process. The works council must be able to review the text before it is adopted, and this requires time and clear documentation. Anyone who skips this process or starts it too late risks delays in the adoption. This is one of the points where drawing it up yourself and scheduling the process must go hand in hand.
When to bring in a lawyer
For most SMEs, drawing up the main lines of the procedure is well within reach of doing it yourself, especially with an overview of the mandatory elements at hand. A lawyer is particularly useful in specific situations: when your organization is active in multiple EU countries, when there are already other internal procedures that may overlap, or when you are unsure about the wording regarding protection against detriment. For your specific situation, a lawyer or the competent supervisory authority remains the appropriate point of contact.
Would you first like to know whether the obligation applies to your organization and what exactly must be in place? Take the free check in a few questions or read the frequently asked questions about establishing and adopting a reporting procedure. Both are free and can be consulted without an account.