As of 1 January 2015, Act No. 307/2014 Coll. on Certain Aspects of Whistleblowing (hereinafter referred to as the 'Act') became effective. The Act governs the conditions for granting protection to persons against victimization in an employment relationship in relation to reporting a crime or other anti-social activities and also deals with the rights and obligations of such persons when reporting anti-social activities.
Within the system of internal handling of motions concerning anti-social activities (hereinafter referred to as the 'Motions') under Section 11 et seq. of the Act, an employer with at least 50 employees (hereinafter referred to as the 'Employer') is obliged to appoint a so-called responsible person. Such person shall fulfil the obligations of the Employer related to the reception and assessment of Motions. This obligation directly results in another obligation of the Employer, ie the obligation to issue an internal regulation (directive) which shall determine the specifics of
- the submission of the Motions
- the assessment of the Motions and the rights of the responsible person when assessing the Motions
- the maintenance of confidentiality regarding the identification of the person submitting the Motion
- the recording of the Motions in a specific registry under the Act
- notifying the person who submitted the Motion on the result of its assessment, and
- the processing of personal data stated in the Motion.
In this respect it is also highly recommended for those employers that already have in place internal regulations on whistleblowing to double-check and ensure that they comply with the Act.
Under the transitional provisions of the Act, the Employer shall secure the fulfilment of the outlined obligations within a grace period of six (6) months following the date of effectiveness of the Act, ie until 30 June 2015 at the latest. Otherwise, the Labour Inspectorate may impose a fine up to EUR 20.000 on the Employer in breach.
Should you require any assistance regarding drafting or double checking the above internal regulation in order to comply with the above-said obligation, we are happy to provide you with our services in this regard.
Should you have any queries, please do not hesitate to contact us.