Compulsory information
I.
Method of establishment of the Office
The Office for the Protection of Whistleblowers is established on the basis of Act No. 54/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activities and on Amendments and Supplements to Certain Acts (hereinafter also referred to as the "Act on the Protection of Whistleblowers").
Powers and competences
The Office is an independent state administration body with nationwide competence, which protects the rights and legitimate interests of whistleblowers in reporting anti-social activities. The powers and competences of the Authority are laid down in the Whistleblower Protection Act.
The Authority in terms of Section 13(6) and (7) of the Whistleblower Protection Act:
(a) adjudicate on protection matters pursuant to Sections 7 and 12 of the Whistleblower Protection Act,
(b) monitor the application of the Whistleblower Protection Act,
(c) control
1. compliance with the provisions on the granting of protection and the exercise of protection,
2. the manner in which the employer treated the whistleblower at the time after the report was made; and
3. compliance with the provisions of the internal report review system,
(d) notify the competent authorities of the suspected sanction of a staff member in connection with a report of anti-social activity,
(e) raise public and employer awareness of whistleblowing and the provision of protection to whistleblowers,
(f) advise employers on the drafting of the internal regulation referred to in section 10(8) and the mechanism for compliance with it,
(g) provide advice and consultation in relation to the reporting of anti-social activities,
(h) issue expert opinions and methodological guidelines on whistleblower protection matters,
(i) provide practical training and training of responsible persons,
j) cooperates with state authorities in the development of legislation and submits to the central government authorities suggestions for their amendment on the basis of its own findings and knowledge,
(k) cooperate with the Slovak National Centre for Human Rights and non-governmental organisations in matters of whistleblower protection,
(l) cooperate with similar institutions and organisations of the European Union and other countries,
(m) perform other tasks, if this Act or special regulations so provide.
In the performance of its tasks, the Office is authorised under Section 13(8) of the Whistleblower Protection Act to:
(a) require the production of the necessary documentation, records and other documents and inspect their contents,
(b) request explanations and examine the manner and effectiveness of the handling of the report,
(c) to draw the attention of the heads of public authorities to the insufficient or incorrect handling of the report and to ask for redress,
(d) warn the employer that the planned employment action may violate the provisions of this Act,
(e) recommend measures to the employer to ensure compliance with this Act.
Pursuant to Section 9 of the Whistleblower Protection Act, the Office may grant a whistleblower who has made a qualifying communication on the basis of his or her request for a reward up to 50 times the minimum wage if
(a) in criminal proceedings
1. an indictment was filed,
2. a motion was filed to approve the plea agreement and accept the sentence,
3. a settlement has been approved and the prosecution has been discontinued; or
4. the prosecution has been conditionally discontinued, or
(b) a decision on the commission of an administrative offence has become final in the administrative proceedings.
In deciding on a request for a reward, the Office shall take into account the degree of merit of the whistleblower in the clarification of the serious anti-social activity, the identification of its perpetrator, the lost earnings of the whistleblower and the extent of the property preserved or recovered, if it can be quantified; for this purpose, the Office shall request the opinion of the public prosecutor or the administrative authority that acted in the case
II.
Making submissions, obtaining information
All written submissions (notifications of anti-social activities, requests, proposals, suggestions, complaints, petitions, information requests, requests pursuant to Sections 21 to 28 of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended, or any other submissions) shall be accepted by the Office:
electronically with a certified signature via the Central Portal of Public Administration
by post to:
Whistleblower Protection Office
Námestie slobody 29
811 06 Bratislava
personally: to the Registry of the Office in time:
Monday: 8am — 12pm
Wednesday: 12pm — 4pm
Friday: 8am - 12pm
In addition to the above channels, reports of anti-social activity can be made through: via the form published on the Office's website oznamovatelia.sk/chcem-oznamit
or by calling the toll-free helpline 0800 221 213 :
Monday: 13.00-16.00
Tuesday: 9.00-12.00
Wednesday: 13.00-16.00
Thursday: 9.00-12.00
Requests for access to information pursuant to Act No. 211/2000 Coll. on Free Access to Information and on Amendments and Additions to Certain Acts (Freedom of Information Act),
Requests pursuant to Sections 21 to 28 of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended,
Petitions pursuant to Act No. 85/1990 Coll. on the right of petition, as amended, and
Complaints pursuant to Act No. 9/2010 Coll. on Complaints, as amended, may, in addition to personal and postal delivery and in addition to delivery via the Central Portal of Public Administration, also be submitted:
via email address: [email protected]
by phone at no.: +421 947 924 221 or +421 948 935 327
(however, the complaint must be acknowledged by the complainant within 5 working days, either by a handwritten signature, by authorisation in accordance with a specific regulation or by sending it via an access point that requires successful authentication of the complainant, otherwise it will be shelved)
Requests, proposals, suggestions, other submissions can be made and further information can also be obtained by: by phone at no.: +421 948 935 166 or +421 948 935 239
via email address: [email protected]
III.
Information on appeals against decisions of the Office
III.1.
Pursuant to Section 7 of the Whistleblower Protection Act, an employer may only take a legal action or issue a decision in an employment relationship against a protected whistleblower to which the employer has not consented with the consent of the Office.
The Authority's decision on an application for consent cannot be appealed under Section 7(6) of the Whistleblower Protection Act.
However, the Authority's decision is reviewable by a court pursuant to Act No. 162/2015 Coll., the Administrative Procedure Code, as amended.
III.2.
If the whistleblower considers that an employment action has been taken against him/her in connection with the notification with which he/she disagrees, he/she may, in accordance with Section 12 of the Whistleblower Protection Act, apply to the Office within 15 days of the date on which he/she became aware of the employment action for the suspension of the effectiveness of that employment action.
The Authority's decision is reviewable by a court pursuant to Act No. 162/2015 Coll., the Administrative Procedure Code, as amended.
III.3.
There is no legal entitlement to a whistleblower's remuneration under Section 9 of the Whistleblower Protection Act. Judicial review of the Authority's decision on remuneration is precluded.
III.4.
The decision to impose a fine pursuant to Sections 18 and 19 of the Whistleblower Protection Act may be appealed within 15 days of the date of notification of the decision, pursuant to Act No. 372/1990 Coll. on Offences, as amended, and Act No. 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code), as amended.
III.5.
An appeal against the Authority's decision to refuse information requested under the Freedom of Information Act may be lodged with the Authority within 15 days of receipt of the decision or the expiry of the time limit for deciding on the request pursuant to Section 17 of the Freedom of Information Act.
IV.
Office's procedure for dealing with submissions
The Office shall register each submission it receives and subsequently assess its content. After assessing the content of the submission, it shall decide on the further course of action to be taken in dealing with it. Where the handling of the subject-matter of a submission falls within the remit of more than one of the Office's organisational and management units, the relevant departments shall handle it in cooperation with each other. The Office shall proceed in the handling of applications and submissions in accordance with Act No 54/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activities and on Amendments and Additions to Certain Acts, as amended, Act No 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code), as amended, as well as in accordance with specific regulations. The Office shall comply with the time limits set by the applicable legislation when handling submissions.
Time limits for the processing of submissions
In simple cases, in particular where a decision can only be made on the basis of the employer's application and the protected whistleblower's statement, the Office shall decide on the application for consent without delay. (Section 7(4) of Act No 54/2019 Coll.)
In other matters, the Authority shall decide within 30 days of receipt of the request for consent. (Section 7(4), second sentence of Act No 54/2019 Coll.)
The Office shall decide on the application for the award within three months from the date of its receipt. (§ 9 (6) of Act No. 54/2019 Coll.)
The Office may impose a fine for failure to comply with the obligation under § 10 or an § 11 54/2019 Coll. within one year from the date on which the Office became aware of the breach of the obligation, but at the latest within three years from the date on which the breach of the obligation occurred.
(§ 19 ods. 3 zákona č. 54/2019 Z. z.)
The time limit for processing a request for access to information is up to 8 working days; in serious cases, the time limit may be extended by a further 8 or 15 working days.
(§ 17 ods. 1 a 2 zákona č. 211/2000 Z. z.)
The time limit for dealing with a complaint is 60 working days. If the complaint is difficult to investigate, the time limit for dealing with the complaint may be extended by 30 working days before its expiry.
(§ 13 ods. 1 a 2 zákona č. 9/2010 Z. z.)
The time limit for processing the petition shall be 30 working days from the receipt of the petition or from the rectification of the petition's deficiencies. In particularly difficult cases, the petition shall be dealt with within a period of no more than 60 working days. (Article 5(5) of Act No 85/1990 Coll.)
The time limit for providing information to the data subject on the measures taken on the basis of his/her request pursuant to Sections 21 to 28 of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended, shall be one month from the date of receipt of the request; the said time limit may be extended by a further two months in justified cases, taking into account the complexity and number of requests, including repeatedly.
(Section 29(3) of Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended)
The Office shall immediately suspend the employment action against the whistleblower if the whistleblower believes that the employment action was causally related to the notice and shall request the Office to do so within 15 days of the date on which the employer became aware of the employment action and if the employer fails to establish within a reasonable period of time determined by the Office that the employment action was not causally related to the notice.
(§ 12 ods. 1 a 2 zákona č. 54/2019 Z. z.)
The Office shall also immediately suspend the effectiveness of an employment action taken against a natural person who has disclosed facts about an anti-social activity of which he or she has become aware in connection with the exercise of his or her employment, profession, position, office or activity in the public interest, if the natural person could reasonably believe that making the disclosure would not lead to a proper investigation of the disclosure or that making the disclosure could lead to his or her being sanctioned.
(§ 12 ods. 7 zákona č. 54/2019 Z. z.)
V.
Prehľad právnych predpisov, ktorými sa úrad riadi pri svojej činnosti
The most important legal provisions governing the Office's activities are, in particular:
→ Constitutional Act No. 460/1992 Coll. Constitution of the Slovak Republic,
→ Constitutional Act No. 357/2004 Coll. on the Protection of Public Interest in the Exercise of Functions of Public Officials, as amended,
→ Act No. 54/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activity and on Amendments and Additions to Certain Acts,
→ Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report infringements of Union law,
→ Act No. 71/1967 Coll. on Administrative Proceedings (Administrative Procedure Code) as amended,
→ Act No. 162/2015 Coll., the Administrative Procedure Code, as amended,
→ Act No. 311/2001 Coll., the Labour Code as amended,
→ Act No. 40/1964 Coll. Civil Code as amended,
→ Act No. 300/2005 Coll., the Criminal Act, as amended,
→ Act No. 301/2005 Coll., the Criminal Procedure Code, as amended,
→ Act No. 563/2009 Coll. on Tax Administration (Tax Code) and on Amendments and Additions to Certain Acts, as amended,
→ Act No. 523/2004 Coll. on Budget Rules of Public Administration and on Amendments and Additions to Certain Acts, as amended,
→ Act No. 552/2003 Coll. on the performance of work in the public interest, as amended,
→ Act No. 55/2017 Coll. on the Civil Service and on Amendments and Additions to Certain Acts,
→ Act No. 211/2000 Coll. on Free Access to Information and on Amendments and Additions to Certain Acts (Freedom of Information Act), as amended,
→ Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation),
→ Act No. 18/2018 Coll. on the Protection of Personal Data and on Amendments and Additions to Certain Acts, as amended,
→ Act No. 9/2010 Coll. on Complaints, as amended,
→ Act No. 85/1990 Coll. on the right of petition, as amended,
→ and other laws of the Slovak Republic.
