Legal Material

Are there any general statutes covering whistleblowing in your jurisdiction?

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

Who is protected ? Does your jurisdiction protect everyone or employees only?

Are self-employed persons also protected?

Does your jurisdiction protect people who are helping or encouraging whistleblowers? Poland Portugal Romania Singapore Slovenia Freedom of expression Right to equal treatment Freedom of expression Labour law Labour law No Labour law

Labour law Criminal law The case-law awards a whistleblower damages only, he may not hope for reinstatement usually Yes (few cases) – Yes (few cases)

Fundamental rights: Everyone

Labour law: Employees – Public sector: Employees and civil servants Private sector: No provision Special rules: Everyone (”informers”) Special legislation: Everyone Labour law: Employees and civil servants

Possible claim to damages (unclear)

– No provision See above Labour law: Yes, if economically dependent Yes No No provision No –

Does your jurisdiction protect persons who affi rm a whistleblower’s allegations? Yes – Yes No –

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

Private sector: No, but restrictions apply No, but exceptions apply under special legislation for offi cials

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Is a whistleblower allowed to turn to the media in your jurisdiction, at least in severe cases? Poland Portugal Romania Singapore Slovenia No provision, but possibly not. At least, severe restrictions apply No provision, possibly not (unclear) Yes Unclear Yes, but restrictions apply

Does your jurisdiction protect whistleblowers who are making allegations erroneously or in the face of an uncertainty of the relevant facts? Yes, good faith requirement No Yes, good faith requirement No, whistleblower needs to establish that facts are true before reporting Yes, good faith requirement

Is the motivation of the whistleblower relevant in your jurisdiction? What kind of facts may a whistleblower report in your jurisdiction? Yes, good faith requirement Yes, good faith requirement Yes, good faith requirement Yes, good faith requirement

Breaches of law – Breaches of law Breaches of law Unethical conduct Yes, good faith requirement

Breaches of law Unethical conduct

Is a whistleblower protected if he reports bygone incidents which are unlikely to happen again? – – – Yes –

Is there an obligation to blow the whistle in your jurisdiction?

Yes – – – Yes, for civil Everyone is obliged servants to report serious concerning crime crime relating to Certain employee their offi ce representatives have to report dangers to health and safety What is the level of protection offered ? Are whistleblowers protected against any kind of detriment or against dismissal only? Any kind of detriment – Any kind of detriment Any kind of detriment Special legislation: Any kind of detriment

Which party bears the onus in dismissal cases that a notice was given due to whistleblowing? Whistleblower Employer Employer Employer Employer

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