Integrity policy
Integrity is one of the cornerstones of the Federal Pensions Service’s activities. This is why we have set up a whistleblower channel that allows both employees and external parties to confidentially report violations of internal policies and procedures, laws and regulations.
Introduction
How, when and by whom a report can be filed and how this report will be handled, is set out in this policy.
The whistleblower policy is in line with the Belgian law of 8 December 2022 on reporting channels and the protection of whistleblowers reporting integrity violations in federal government agencies and the integrated police.
Who can report violations?
A whistleblower or reporter is a person who reports information about violations they have learned about in a work-related context. A work-related context refers to all stakeholders who have a professional relationship with the Federal Pensions Service, among whom:
- established and contractual staff,
- self-employed workers,
- members and persons belonging to the Pensions Service’s administrative, management or supervisory bodies, including volunteers and paid or unpaid interns,
- anyone working under the supervision and direction of the Federal Pensions Service’s contractors, subcontractors and suppliers.
This concerns professional collaborations that have already formally commenced or have already been terminated. This policy also applies to future employees, in the event that information about infringements has been obtained during the recruitment process or other pre-contractual negotiations.
What can be reported?
The following subjects fall within the range of application of the whistleblower policy:
- an act or omission that threatens or violates the public interest and that:
- constitutes a breach of directly applicable European provisions, laws, decrees, circulars, internal rules and internal procedures applicable to federal public authorities and their staff; and/or
- poses a risk to the life, health or safety of persons or to the environment; and/or
- demonstrates a serious failure in professional obligations or in the proper management of a federal public authority,
- knowingly ordering or advising to commit an integrity violation as referred to in provision 1
- integrity violations committed in the context of public contracts falling within the scope of Titles 2 and 3 of the Law of 13 August 2011 on public contracts and certain contracts for works, supplies and services in the field of defence and security, reports of breaches of integrity committed in the context of obligations falling within the scope of the Law of 17 June 2013 on the justification, information and legal remedies relating to public contracts and certain contracts for works, supplies and services and concessions, reports of breaches of integrity committed in the context of public contracts falling within the scope of Titles 2 and 3 of the Law of 17 June 2016 on public contracts and reports of integrity violations committed in the context of concession agreements falling within the scope of the Law of 17 June 2016 on concession contracts.
Are not considered to be integrity violations:
- harassment, violence at work and unwanted sexual behaviour at work against the persons referred to in Article 2, § 1, second paragraph, 1°, of the Law of 4 August 1996 on the well-being of employees in the performance of their work,
- discrimination on the basis of:
- one of the protected criteria referred to in Article 4, 4°, of the Law of 10 May 2007 combating certain forms of discrimination,
- gender or one of the criteria equivalent to gender as referred to in Articles 3 and 4 of the Law of 10 May 2007 combating discrimination between women and men,
- one of the protected criteria referred to in Article 4, 4°, of the Law of 30 July 1981 on the punishment of certain acts motivated by racism or xenophobia.
The policy also does not cover complaints about employment or interpersonal grievances between the reporter and a colleague. For these complaints, we refer you to the P&O Department or the competent confidential advisors.
Filing reports
The Federal Pensions Service provides a whistleblower platform through this link: WhistlelinkOpens in a new window.
You are strongly encouraged to express your concern through the internal channel if you know of or suspect a violation. You can submit this report in writing or as a voice message. The reports are received by the service Internal audit of the non-profit organization Smals.
When submitting the report, please make a note of the case number and the verification code, as this is the only way to later consult the report and to communicate with the case manager. As an organisation, we are obliged to provide you with feedback on the status of the report. To be able to provide this feedback, we have to be able to contact you through the platform.
You are strongly encouraged to express your concern through the internal channel if you know of or suspect a violation. You can submit this report in writing or as a voice message. The reports are received by an independent expert of the service Internal audit of the non-profit organization Smals.
Anonymous reports
The Federal Pensions Service provides a platform where whistleblowers can anonymously file reports. When submitting an anonymous report, please make a note of the case number and the verification code, as this is the only way to communicate with the case manager and to receive feedback on the report.
Content of the report
For us to be able to evaluate and investigate the report, please provide the following information:
- Your relationship with the Federal Pensions Service (for example: staff member, contractor, etc.),
- If the report is not anonymous: your name and contact details,
- A detailed description of the incident or infraction, describing:
- What happened (the nature of the incident)?
- When did the incident take place (date and time if available, or a period)?
- Where did the incident take place (in the office, etc.)?
- What role did you play in the incident, how were you involved (for example: witness, victim or perpetrator)?
- Any information on the persons involved:
- the name and contact details of the persons involved in the incident,
- the name and contact details of the persons who witnessed or have more information on the incident,
- Any information on similar previous incidents or infractions concerning the person(s) mentioned in the report.
- Any pieces of evidence or useful documents in connection with the report.
By means of the case number and the verification code, you can consult your report and possibly provide more information or upload documents.
Handling of the report
The report is received and handled by an independent external expert. Upon receipt of the report, this independent external expert first checks whether the report falls within the range of application of this whistleblower policy. If this is not the case, you are informed thereof through the platform. If this seems appropriate in view of the report, you are referred to the competent department within the Federal Pensions Service or to an external body.
Within 7 days after receipt of the report, you are notified, through the platform, whether your report has been accepted or denied. All communication between you and Internal Audit will as much as possible take place through the secured whistleblower platform to guarantee the confidentiality of the report.
Investigation of the report
If the report is accepted, the external expert will, in consultation with the Federal Pensions Service, start up an investigation on the basis of the content of the report. The external expert will inform you through the platform of the state of affairs of the investigation within three months after the report has been accepted. You have the right to be kept updated on the state of affairs of the investigation. However, you do not have the right to access the full content of the investigation, so as not to jeopardise its progress.
Persons mentioned in the report or who are identified during the investigation, can be contacted by the competent staff member of the Federal Pensions Service’s Internal Audit Department if this is deemed necessary for the investigation. If so, the confidentiality of the report is always taken into account. The staff member of the Federal Pensions Service’s Internal Audit Department charged with the investigation of the report will evaluate whether contacting these persons could or could not jeopardise the investigation.
Termination of the investigation
When the investigation ends, you will be informed of the outcome.
The persons who were contacted during the investigation and thus are aware of the report, will be informed of the termination of the investigation, while respecting the confidentiality of the report.
Confidentiality of the report
If you express a concern, the confidentiality of your identity will be guaranteed in accordance with the applicable laws and regulations. Your identity will not be disclosed to anyone other than those authorised to receive or follow up on reports without your express consent. This also applies to any other information from which your identity can be directly or indirectly deduced. Only if there is a necessary and proportionate obligation imposed by EU or national law in the context of investigations by national authorities or legal proceedings may your identity be disclosed (for example, in order to protect the rights of defence of the person concerned in a judicial investigation).
If the questioning of a person involved in the report could compromise the confidentiality of the report, the person who made the report will be contacted first.
Protection of the whistleblower
The whistleblower enjoys protection if he had reasonable grounds to believe that the reported information about infringements was accurate at the time of reporting and that this information fell within the scope of the whistleblower policy. No whistleblower, third party associated with the whistleblower or person who assisted the whistleblower in making a report as described in the scope of application may be punished or subjected to any discriminatory measures. We do not permit any retaliation against those who, in good faith, report a violation or suspected violation of the rules or guidelines.
External reports
We strongly advise to report infractions through the Federal Pensions Service’s internal notification channel first. This gives the Federal Pensions Service the opportunity to investigate the report and take any appropriate measures.
Within the European Union, whistleblowers have the option of reporting breaches that fall within the scope of the legislation externally to a local competent authority responsible for receiving and investigating whistleblower reports. Whistleblowers can submit reports externally to the federal ombudsman.