Whistleblowing - A Comparative Study

Page 329

III

322

Are there any general statutes covering whistleblowing in your jurisdiction?

Synopsys of Whistleblowing in 23 Jurisdictions

Poland

Portugal

Romania

Singapore

Slovenia

Freedom of expression

Freedom of expression

Labour law

No

Labour law

Right to equal treatment

Labour law

Labour law Criminal law

Are whistleblowers protected by the case-law in your jurisdiction?

The case-law awards a whistleblower damages only, he may not hope for reinstatement usually

Yes (few cases)

Yes (few cases)

Does your jurisdiction protect everyone or employees only?

Fundamental rights: Everyone

Public sector: Employees and civil servants

Special rules: Everyone (”informers”)

Special legislation: Everyone

Are self-employed persons also protected?

Possible claim to damages (unclear)

No provision

See above

Labour law: Yes, if economically dependent

Does your jurisdiction protect people who are helping or encouraging whistleblowers?

Yes

No

No provision

No

Does your jurisdiction protect persons who affirm a whistleblower’s allegations?

Yes

Yes

No

Who is protected?

Labour law: Employees

Private sector: No provision

Labour law: Employees and civil servants

What kind of behaviour is protected? Does your jurisdiction allow for anonymous whistleblowing?

Yes, but uncommon

No, but stated in one case only

No provision, but presumably yes

Yes

Special legislation: Yes

Does your jurisdiction require the whistleblower to make use of internal reporting systems before he is allowed to appeal to third parties?

No provision

No provision, possibly yes (unclear)

Public sector: No provision, but possibly yes

Public sector: Yes

Private sector: No provision, but work rules/ collective agreements may prescribe this

Private sector: No, but restrictions apply

No, but exceptions apply under special legislation for officials

(continued)


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Articles inside

STAR Sample Procedure (2010

6min
pages 331-336

Annex 2

9min
pages 341-346

Annex 1

5min
pages 337-340

of Whistle-Blowing Legislation in the United States

1hr
pages 279-328

Legal Material

2min
pages 329-330

and Other Whistleblowers in the Republic of Slovenia

36min
pages 263-278

13 Romania: First Steps to Whistleblowers’ Protection

47min
pages 243-262

from the Perspective of a Country Without Specific Legislation

19min
pages 235-242

and Case Law Dagmara Skupień

32min
pages 221-234

10 Country Report: The Kingdom of the Netherlands

40min
pages 203-220

A Personal View and Analysis David Fabri

34min
pages 187-202

6 Whistleblowing: National Report for France

1hr
pages 125-154

5 Whistleblowing: National Report for the Czech Republic

26min
pages 115-124

German Whistleblowing Law Between Conflicting Values

1hr
pages 155-180

The Cypriot Experience Constantinos Kombos

36min
pages 101-114

8 Whistleblowing: National Report for Ireland

16min
pages 181-186

3 The Protection of Whistleblowers in the Republic of Croatia

1hr
pages 73-100

Managing Disclosures by the “Up the Ladder” Principle

1hr
pages 33-72

Portugal: The Protection of the Whistleblower

1min
pages 12-13

The Whistleblowing Dilemma in Malta Continues

1min
pages 9-10

Financial Incentives and Truth-Telling: The Growth

42min
pages 15-32

Whistleblowing in Poland According to Legislation

1min
page 11

Duty to Loyalty, Fundamental Rights, and Public Policy

2min
pages 7-8

The Legal Response to Whistleblowing in Canada

0
page 2

Protection of Persons Reporting Corruption

0
page 14
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