Whistleblowing is an opportunity to promote legitimate, honest, open and transparent operation of organizations in the public and private sectors. Simply put, it is informing the management of the workplace or the competent authorities about the violations observed in the workplace.
The Whistleblowing Law does not apply to resolving personal disagreements (such as a dispute with a supervisor at work) or merely protecting personal interests. The whistleblowing can and should be used if you encounter violations in your work environment which harm the public interests.
Are you a whistleblower?
- First, you have information about a possible violation. Second, this potential violation does not only affect you, but may harm the public interests. Third, you learned about this violation while performing work duties. Fourth, you submit the report yourself (as a natural person).
- For example, if you work in a manufacturing plant that tries to save money on waste treatment plants and discharges its chemically contaminated wastewater into a local river under the cover of night, killing fish and poisoning groundwater in the long term, you can be a whistleblower.
- However, if you, as a city resident or a passer-by, observe the company’s actions from the outside, you do not qualify as whistleblower. This does not mean that such cases should be kept silent: the State Environmental Service or other responsible state institution should be informed, but it will not be a whistleblowing report and it will not be covered by the Whistleblowing Law.
Do you know what a violation is?
- Violation is a criminal offence, an administrative offence, or another violation of legal norms and also a violation of the binding ethical or professional standards, which harm the public interests.
- If the employer pays you a salary in an envelope or hires relatives without appropriate qualifications – these are examples of obvious violations, which are clear to most of the society. However, there can also be more complicated cases.
Do you have relevant information about the violation?
- It is important for the whistleblower to act responsibly and thoughtfully, providing reasonable information, facts, indicating the persons involved, specific events that indicate a possible violation.
- If the company where you work knowingly uses damaged or unknown raw materials in the production of the product, which, despite the treatment in the production process, may prove to be dangerous to the health of consumers, this must be reported. But the argument “they must be doing something illegal there because the boss looks suspicious” will not be enough.
If your report conforms with the elements of whistleblowing, do you know where to go?
There are four whistleblowing mechanisms available to you.
- You can use an internal whistleblowing system at your workplace – every public administration institution or company and private sector organizations with more than 50 employees should have one.
- You can contact the state administration institution, by choosing the most appropriate one from the list of competent institutions.
- You can contact the whistleblower contact point in the State Chancellery or non-governmental organizations.
- If for objective reasons you cannot use whistleblowing system at work or in the competent institution, if no one listens or nothing changes for a long time, you can attract the attention of the media. However, consider that when whistleblowing in public, the requirements of the Law must be followed!
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