The Office of the Commissioner for Legislation, in cooperation with the Ministry of Justice and Public Order, have proceeded to draft three Whistleblower Protection Guides for the better implementation of the Protection of Persons Reporting Violations of EU and National Law 2022 (Law 6(I)/2022). These are: A Guide for Employees",
(b) "Whistleblower Protection: A Guide for Employers",
(c) "Whistleblower Protection: A Guide for Competent Authorities".
These Guides aim to inform all interested parties about the legal framework for the protection of employees in the public or private sector who disclose information that has come to their attention within the workplace and relates to specific breaches of EU and/or national law.
These Guides aim to inform all interested parties about the legal framework for the protection of employees in the public or private sector who disclose information that has come to their attention within the workplace and relates to specific breaches of EU and/or national law.
In particular, the Employee's Guide explains the main provisions of the Law and informs employees about the procedures for filing a complaint about potential violations in a secure and confidential context. At the same time, this Guide explains the protection afforded by the Law to such persons through the provision of support measures and the prohibition of any retaliatory behaviour against them by their supervisors or colleagues.
The Guide to Employers is addressed to public authorities and private enterprises and explains the rights of employees who file complaints about possible violations. It further discusses the obligations of employers to establish internal whistleblowing mechanisms ("internal reporting channels"), to put in place measures to monitor the progress of the complaint and to take steps to ensure the protection of workers. At the same time, it provides guidance on how to implement and comply with the Law.
Finally, the Guide for Competent Authorities is addressed to specific public authorities which, under the Law, are obliged to establish external complaint mechanisms ("external reporting channels") and measures to monitor the progress of external complaints. This Guide explains which public entities are considered "competent authorities" and details their obligations to establish procedures for receiving external complaints submitted by whistleblowers and procedures for monitoring them.
The Guides have been posted both on the website of the Office of the Law Commissioner and on the website of the Ministry of Justice and Public Order.
(MHF/EHR)
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