Procedure for protecting whistleblowers

One of the main assumptions underlying the Directive was to ensure the protection of the person reporting irregularities by creating a secure system for reporting violations and introducing measures to protect whistleblowers. In view of the above, the Directive requires the creation of an internal reporting channel and procedures to ensure security and protection of confidentiality of the identity of the reporting person and the third party mentioned in the report and preventing unauthorized personnel from accessing them. In principle, therefore, the identity of the reporting person should not be disclosed to any person who is not an authorized member of staff competent to receive and follow up reports. This also applies to any other information from which the identity of the reporting person can be directly or indirectly identified. The identity of the reporting person may exceptionally be disclosed where such disclosure is a necessary and proportionate obligation under Union or national law in the context of investigations or judicial proceedings by national authorities.

(a) suspension, forced unpaid leave, dismissal or equivalent measures;

b) demotion or suspension of promotion;

c) transfer of duties, change of workplace, reduction of remuneration, change of working hours;

d) suspension of training;

e) negative performance evaluation or negative opinion about work;

f) imposing or applying any disciplinary measure, reprimand or other penalty, including financial;

g) coercion, intimidation, mobbing or exclusion;

h) discrimination, unfavorable or unfair treatment;

(i) failure to convert a fixed-term employment contract into an employment contract of indefinite duration where the worker could reasonably expect to be offered permanent employment;