Law on the Protection of Whistleblowers and Internal Whistleblowing Procedures

by | May 20, 2015 | Blog | 0 comments

In November of 2014, the National Assembly of the Republic of Serbia passed the Law on the Protection of Whistleblowers. The Law went into effect on June 5, 2015, six months after its publication in the Official Gazette of RS.

The purpose of the Law is to protect whistleblowers, defined as individuals who disclose information about suspected violations of regulations, human rights, exercises of public authority in violation of the purpose for which it is entrusted, life-threatening conditions, public health, safety, the environment, and the prevention of large-scale disasters.

The whistleblower may disclose information about their employment, hiring process, the use of state services and other bodies, public authority figures and public services, business cooperation, and ownership rights within a legal business entity, and as such exercises the right to protection in accordance with the Law.

Apart from prohibiting the prevention of whistleblowing or actions that may harm an individual who reveals plausible corruption or violation of regulations, the Law defines the types of whistleblowing and procedures that can be used to protect the whistleblower.

The Law also outlines specific acts that every employer needs to undertake.

An employer is obligated to submit to each person who is engaged in work a written notice on their rights and to appoint a person authorized to receive the information and conduct proceedings in respect of whistleblowing.

An employer with more than ten employees is mandated to regulate procedure on whistleblowing by internal act and to display it in a visible place, accessible to all employees. This includes the employer’s website, if technically possible. All related questions and issues are tightly regulated by the overseeing ministry.

The Law also outlines penal provisions for employers who do not adopt a general act, appoint a person authorized to receive information, or notify all employees about the whistleblower rights.

You can download the full text of the Law on the Protection of Whistleblowers here.

You can download an example of the Notice of the Rights of Whistleblowers here.


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