Before the creation of a general statute of whistleblower by the Sapin 2 law (L. n ° 2016-1691, 9 Dec. 2016, relating to transparency, the fight against corruption and the modernization of economic), the legislator had already enacted certain rules intended to protect employees who denounced acts of corruption in good faith (Labor C., art. L. 1161-1, repealed by the Sapin 2 law), a serious risk for public health or the environment (C. trav., art. L. 4133-5, also repealed by the Sapin 2 law) or facts likely to constitute an offense or a crime (C. trav., art. L. 1132-3-3).

This latter protection was incorporated in 2013 (L. n ° 2013-1117, 6 Dec. 2013, relating to the fight against tax fraud and serious economic and financial delinquency) in the chapter of the labor code relating to the principle of discrimination: "no employee may be sanctioned, dismissed or be the subject of a discriminatory measure, direct or indirect, […] for having related or testified, in good faith, to facts constituting an offense or a crime of which he would have become aware in the performance of his duties ”. In the event of a dispute, as soon as the person presents facts which allow it to be assumed that he has related or ...