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Important to know: Pressuring a whistleblower is becoming more difficult
Important to know: Pressuring a whistleblower is becoming more difficult
From the first of September, the Act on the Protection of Whistleblowers on Labor-related European Union Law Violations, better known to the public as the Whistleblower Act, will enter into force in Estonia. Simply put, the new law obliges certain state institutions and local government units and employers with more than 50 employees and legal entities to set up a notification channel. It is also necessary to appoint a person who is responsible for the processing of infringement notices, including receiving them, keeping in touch, giving feedback and informing about the implementation of follow-up measures.
Kai Villemson, attorney-at-law of the law firm RASK, explains that at least one secure and confidential notification channel must be created, which must enable individuals to report violations in writing and/or orally. "For example, an e-mail or an online platform can be used for this. An oral hotline or another way of transmitting a voice message is also a suitable channel. Notifications can also be delivered through the notifier's manager," she described.
Every legal entity with at least 50 employees is obliged to create a notification channel. If you wish, you can also report a violation of another internal regulation through the same channel and offer protection to the person reporting such violations, but there is no obligation to create such a broader protection. After creating a notification channel, employees should be informed about it, for example by e-mail.
According to Villemson, it is also important to determine the person or entity managing the reporting channel, who is responsible for receiving violation reports, keeping in touch with the informer and giving him feedback. If necessary, the responsible person's role is also to ask for additional information and inform about the implementation of follow-up measures. "It can be both an internal and an external person.In practice, it is usually the HR department," she added. At the same time, a system should be thought through and created with instructions on how infringement notices are processed and how the whistleblower's confidentiality is ensured.
According to the attorney-at-law, companies that do not set up a notification channel, prevent notification of a violation or apply pressure measures against the whistleblower and violate the confidentiality of the whistleblower can be fined up to 100,000 euros.
"Coercive measures include, for example, termination of employment, lowering of salary, relegation to a lower position, change of work duties, change of place and/or time of work, discrimination, putting in a disadvantageous situation, premature termination or cancellation of a contract for goods or services," listed Villemson.
You can read more about the law coming into force here.
Kai Villemson, attorney-at-law of the law firm RASK, explains that at least one secure and confidential notification channel must be created, which must enable individuals to report violations in writing and/or orally. "For example, an e-mail or an online platform can be used for this. An oral hotline or another way of transmitting a voice message is also a suitable channel. Notifications can also be delivered through the notifier's manager," she described.
Every legal entity with at least 50 employees is obliged to create a notification channel. If you wish, you can also report a violation of another internal regulation through the same channel and offer protection to the person reporting such violations, but there is no obligation to create such a broader protection. After creating a notification channel, employees should be informed about it, for example by e-mail.
According to Villemson, it is also important to determine the person or entity managing the reporting channel, who is responsible for receiving violation reports, keeping in touch with the informer and giving him feedback. If necessary, the responsible person's role is also to ask for additional information and inform about the implementation of follow-up measures. "It can be both an internal and an external person.In practice, it is usually the HR department," she added. At the same time, a system should be thought through and created with instructions on how infringement notices are processed and how the whistleblower's confidentiality is ensured.
According to the attorney-at-law, companies that do not set up a notification channel, prevent notification of a violation or apply pressure measures against the whistleblower and violate the confidentiality of the whistleblower can be fined up to 100,000 euros.
"Coercive measures include, for example, termination of employment, lowering of salary, relegation to a lower position, change of work duties, change of place and/or time of work, discrimination, putting in a disadvantageous situation, premature termination or cancellation of a contract for goods or services," listed Villemson.
You can read more about the law coming into force here.