Whistleblower Protection
Our main mission is to protect whistleblowers who want to report an unfair practice they have encountered in the course of their work. We can protect them from employer retaliation for making a report, both preventively and consequently, if it has already occurred.
Watch the video to see how whistleblower protection works in practice in Slovakia:
Who is covered by protection
The protection under Act No. 54/2019 Coll. applies to persons who, in good faith, report illegal activities of which they have become aware in connection with the performance of their work:
- internally to your employer,
- externally to the public prosecutor's office, an administrative authority, the relevant EC institution or the Whistleblower Protection Office,
- disclosed information to the public on the grounds that:
- made the report through the internal review system for reports and has not been informed of the outcome of the review of the report, or appropriate action has not been taken and subsequently made such a report to the authority competent to receive the report and was not informed within a reasonable period of time of the status of the review or the outcome of the review,
- made an report to the authority responsible for receiving the report and has not been informed within a reasonable period of time of the status of the review or the outcome of the review,
- is justified a fear that the unlawful activity may constitute an imminent or manifest danger to the public interest; or
- there is a reasonable apprehension that it would be subject to a sanction if it were to make a report to the authority responsible for receiving the report or, in the particular circumstances of the case, that the authorities responsible for receiving the report would not ensure an impartial and independent review of the facts set out in the report. These are therefore cases where there is an obvious conflict of interest and there is no reasonable expectation that the institution would resolve it objectively and impartially.
They can also apply for protection to others if they face retaliation in connection with a report filed by someone else. This may include:
- a person close to the whistleblower,
- a natural person - entrepreneur or a legal person which the whistleblower controls, in which he/she has an interest, in which he/she performs the function of a member of a body of a legal person, or for which he/she performs an employment activity,
- a natural person - entrepreneur or a legal person who controls a legal person in which the whistleblower has a participation or in which the whistleblower performs the function of a member of the legal person's body,
- the person who provided assistance to the whistleblower in connection with the report, and
- the responsible person or person involved in carrying out the responsible person's tasks.
The whistleblower or these aforementioned persons may also apply to the Authority to initiate offence or penalty proceedings against the employer if the employer threatens or attempts to impose a penalty on them because of the whistleblowing.
