Am I a whistleblower?
In order to be considered a whistleblower under the Whistleblower Protection Act and for our office to deal with your notification, you must meet three basic conditions.
1.
You have become aware of an unfair practice in connection with your work
We can only protect people who report an unfair practice that they become aware of in the course of their work. This can include employees, but also workers in similar employment relationships - for example, self-employed workers, volunteers, graduate trainees, as well as former employees or tenderers and business partners.
2.
You are reporting in good faith
The information given in the notification is not misleading and the whistleblower believes that the information they have is true and the matter needs to be investigated because there has been a breach of the law.
3.
The public interest has been compromised
The public interest means that something is at stake that goes beyond the interests of an individual. If something is in the public interest, it affects more than one employee or our whole society.
The whistleblower is normally in an employment or other similar relationship. However, it can also be a person who:
- makes a notification and whose employment relationship or other similar relationship has endedif it has become aware of information about illegal activity during that employment relationship or any other relationship, such as volunteering, internships, activities of a self-employed person under a contract, etc.,
- makes a notification and his/her employment or other similar relationship has not yet come into existence,if he/she has become aware of the information about the illegal activity during the selection procedure or in the context of a pre-contractual relationship,
- made the announcement anonymously and is/her identity was revealed,
- disclosed information about illegal activitieswhich came to its knowledge during the selection procedure or in the context of a pre-contractual relationship and its employment or other similar relationship has not yet come into existence or during the duration of the employment or other similar relationship or after the termination of the employment or other similar relationship.
If you do not meet the above conditions, you are not a whistleblower within the meaning of Act No. 54/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activity and our office cannot deal with your complaint. However, this does not necessarily mean that the matter you have disclosed does not need to be dealt with, but only that other authorities are competent to deal with your complaint.
Is your case different or are you not sure where to apply? In that case, continue to the subpage below:
