Whistleblowing

Whistleblowing is a term that refers to the reporting of wrongdoing that occurs in connection with the whistleblowers' work. The internal reporting system is used to combat corruption and other undesirable behavior that is contrary to the public interest.

WHAT ARE THE DUTIES OF THE REPORTER?

Given the circumstances and information, the reporting person should have good reason to believe that the facts reported or published to him are authentic and true at the time of filing the report. It is therefore not possible to report facts that are knowingly false. Such behavior may be sanctioned.

The whistleblower should not engage in conduct that could have the nature of a criminal offense when obtaining documents documenting the reported facts. At the same time, he should act in the public interest and in good faith that the notification he submits is based on credible facts and circumstances.

The whistleblower should be able to identify which area the illegal act relates to and at the same time think about what verifiable information about the reported illegal act can be documented. High-quality and verifiable documents can positively influence the way reports are investigated.

The authorized person for receiving and handling submissions is Alena Pytlíková (Whistleblowing representative).

 

The notification can be submitted by a natural person and must contain information about a possible illegal act:

  • which has the characteristics of a criminal offense in the case of a misdemeanor,
  • or violates a legal regulation or a regulation of the European Union governing areas defined by law,
  • and whose commission the whistleblower learned about in connection with work or another similar activity.

 

What is meant by work or other similar activity:

  • employment,
  • service,
  • selfemployment,
  • exercise of rights associated with participation in a legal entity,
  • performance of the function of a member of a body of a legal entity who is elected, appointed or otherwise called to the position (the so-called "elected body"),
  • trust fund management,
  • volunteering,
  • professional experience, internship, or
  • performance of rights and obligations arising from the contract, the subject of which is the provision of supplies, services, construction works or other similar performance.

In accordance with the directive, work or other similar activity also means applying for a job or other similar activity.

 

The part of the notification that contains:

  • information, the announcement of which could immediately threaten the essential security interest of the Czech Republic,
  • information about the activities of the intelligence services of the Czech Republic, or
  • information, the disclosure of which would constitute a breach of clerical confidentiality in connection with the exercise of confessional secrecy.

 

Whistleblower Protection

In this system, the procedure for receiving and dealing with complaints is set up in such a way that the whistleblower's identity is not revealed. Only the person responsible for receiving and handling complaints has the right to know the identity of the whistleblower and the content of the notification. This person is bound by confidentiality and must maintain the confidentiality of the content of the complaint throughout the investigation and after termination of employment.

If, at the time of the notification, the notifier had legitimate reasons to believe that the information about the violation is true (i.e. he must not report knowingly false information), he can rely on protection under the Directive (EU). The main protective measure is the prohibition of any retaliatory measures against the whistleblower and other persons (e.g. colleagues, co-workers of the whistleblower, persons close to the whistleblower, legal entities associated with the whistleblower, etc.).

 

What can be considered retaliation:

  • exemption from civil service, exclusion from civil service or termination of employment,
  • termination of the employment relationship or non-extension of the employment relationship for a fixed period,
  • cancellation of the legal relationship established by an agreement on the performance of work or an agreement on work activities,
  • dismissal from the position of a senior employee or from the official position of a supervisor,
  • imposition of a disciplinary measure or disciplinary penalty,
  • reduction of wages, salary or remuneration or non-granting of personal allowance,
  • discrimination,
  • transfer or transfer to another job or to another duty station,
  • service evaluation or work assessment,
  • ostracism,
  • failure to enable professional development,
  • change in the layout of working or duty hours,
  • requiring a medical opinion or an occupational health examination,
  • termination or withdrawal from the contract, or
  • interference with the right to the protection of personality.

 

Procedure of the relevant person after notification

  • the competent person assesses whether the notification meets the conditions for processing in the Directive (EU) regime, and informs the notifier about this within 7 days of receiving the notification,
  • the relevant person investigates the information in the notification and, if confirmed, takes appropriate steps, in particular proposes corrective measures, or takes further steps, e.g. forwards the submission to law enforcement authorities, misdemeanor authorities or other materially competent public authorities,
  • the relevant person will inform the notifier about the result of the investigation and about the proposed measures within 3 months from the notification of receipt of the notification.

 

WHAT ARE THE CONTACT OPTIONS?

  • By phone: +420 603 328 447, +420 568 839 107 (a written record is taken of the interview)
  • By e-mail: oznamovatel@altreva.cz
  • In person: personal meeting can be arranged by phone or e-mail