Who is the Whistleblower? What are the requirements to become a Whistleblower?

2.2.2022 21:33
Who is the Whistleblower? What are the requirements to become a Whistleblower?

It is said that a Whistleblower is a person who has submitted a notification of an irregularity in the workplace. However, there are several important conditions that Whistleblowers within an organization must meet in order to be granted this status.

Who is covered by the Whistleblower Protection Directive?

From December 17, 2021, the guidelines of the Whistleblower Protection Directive apply to:

- public institutions employing over 50 people,

- municipalities with more than 10,000 inhabitants,

- private entities employing over 250 employees,

- entities from the financial market and entities dealing with AML / CF, regardless of the number of employees and the sector.

If the organization belongs to one of the above-mentioned categories, the employer is obliged to provide an internal reporting channel for Whistleblowers.

Who can be called a Whistleblower?

Pursuant to the directive, a Whistleblower is a person who reports violations of European Union law in the work environment, when he has reasonable grounds to believe that the information collected by him is true at the time of reporting. Signaling of irregularities is carried out by means of an internal channel. Whistleblower system is the best and fully secure system for managing reports. The aim of people reporting problems in organizations is, above all, to act in good faith for the benefit of enterprises. The Whistleblower may be:

- employee or former employee,

- a person who applies for the position and has received information about irregularities in the recruitment or negotiation process,

- a person who performs work on a basis other than an employment relationship, including a civil law contract,

- shareholder or partner,

- a member of an organ of a legal person,

- a person who performs work under the supervision of a contractor, subcontractor or supplier, including on the basis of a civil law contract,

- trainee,

- volunteer.

The task of Whistleblowers is not only to detect alarming situations, such as mobbing or corruption, and to report them further, but also to improve the atmosphere at work by eliminating illegal activities.

In which sectors can whistleblowers report breaches under the European Union Directive?

Irregularities reported by Whistleblowers concern:

- financial services, products and markets,

- public procurement,

- product, food and transport safety,

- environmental protection and nuclear safety,

- protection of consumers and personal data,

- security of networks and ICT systems,

- public health,

- the financial interests of the European Union,

- the internal market of the European Union and the rules of competition, state aid and corporate taxation,

- internal organization of work, e.g. in the event of mobbing. ‍

The Whistleblower software, due to which signaling problems is simple and effective, provides a number of necessary functionalities and improves communication between the employer and employee.

What aspects do Whistleblowers have to pay attention to when reporting irregularities?

The truth of the indicated problems is a very important issue. Reports should be based on facts and evidence, not subjective interpretations and conjectures. Whistleblowers must not presume that any situation has occurred. If he does not report the violations truthfully, he may be charged with slander or infringement of the personal rights of the reported person.

At this point, it is worth distinguishing the concept of "informer" from the signalman. The former is not acting in good faith for the benefit of the company and its motivations are not good. Therefore, the name of the Whistleblower is not a person who deliberately distorts the facts or gives the circumstances of an event that is not taking place. The Council of Europe used this term to describe a person who acts and alarms his work environment in good faith. Even if the report is not confirmed, the good intentions of the Whistleblower are appreciated, and in this case he is not inconsistent.

From December 17, 2021, employers have been required to implement an internal reporting channel and to implement a system to protect people reporting problems. The Whistleblower is a system that protects the confidentiality of the identity of persons, meets all legal requirements and complies with the European Union directive.