What is whistleblowing?
Whistleblowing is the reporting of inappropriate behavior or misconduct in the workplace – either by a former or current employee, or by a third party, such as a supplier or customer.
Whistleblowers often report criminal activity such as theft or unethical or unfair behavior in the workplace, including racist, sexist, or homophobic behavior.
Internal vs. external whistleblowing
There are generally two types of whistleblowing. Internal whistleblowing occurs when someone reports misconduct within an organization. Employers often set up internal reporting systems for this purpose so that employees and other stakeholders can speak up if they learn of misconduct.
In the case of external whistleblowing, the person reports misconduct publicly – directly to the police, the media, or, for example, via social media. Whistleblowers choose this option mainly if:
- they do not trust their employer’s investigation or reporting procedures
- they have already tried to raise the issue internally – but without success
- the company does not have an internal reporting system in place
How does a complaint differ from whistleblowing?
While a complaint is a matter of personal interest and therefore has no impact on the wider public, whistleblowing involves reporting unethical or illegal conduct by a company that harms the public interest. Whistleblower reports therefore concern more serious and widespread malpractice that the whistleblower learns about at work or in connection with their employment.
What legal protection do whistleblowers have?
Czech law does not yet specifically regulate the procedure for employees who wish to report unfair practices in the workplace. However, this should change in the near future. The European Union has adopted a directive on the protection of whistleblowers, on the basis of which the Czech Republic should pass a law to protect whistleblowers.
Currently, there is some legal support for whistleblowers in the Czech Republic, but it is incomplete and insufficient. For the time being, there is no comprehensive system for the proper investigation of reported facts or for the subsequent effective protection of whistleblowers.
What are the employer’s obligations?
In accordance with the implementation of the Directive of the European Parliament and of the Council of the EU, the Czech Republic should implement a law on the protection of whistleblowers in the near future. This would bring new obligations for employers, such as:
- preventing persons from being “punished” for whistleblowing – for example, by dismissal or reduction of financial bonuses, etc.
- guaranteeing the anonymity of whistleblowers to prevent their exclusion from the workplace, bullying, etc.
- introducing and implementing an internal reporting system that will enable whistleblowers to report illegal activities
What is an internal reporting system and why is it important?
It is an internal system designed to detect misconduct in the workplace, within which the company implements appropriate communication channels, such as a mailbox, email address, telephone line, etc., that allow whistleblowers to make reports – either in person (verbally) or in writing.
The report must then be dealt with by a person appointed by the company for this purpose within a predetermined period of time, as specified by the aforementioned Whistleblower Protection Act. The company must also establish a system for recording reports. As part of the process, it is then necessary to review and investigate the report, implement measures to remedy the misconduct, and focus on prevention.
The Ministry of Justice should also set up its own reporting system so that employees can also make reports externally. This means that whistleblowers will not have to rely solely on their employer’s internal reporting system.
The purpose of both internal and external reporting systems is to enable employees to speak up about problems they have experienced or witnessed in the workplace. The introduction of this system and the support of whistleblowing by employers and the state is one of the most effective ways to help bring to light inappropriate behavior, illegal conduct, or misconduct in the workplace, while protecting the person who decides to speak up.
