PROTECTION OF WHISTLEBLOWERS WITHIN THE TRAUMA HOSPITAL IN BRNO (whistleblowing)
The protection of whistleblowers identified in a work context has been regulated until 31 July 2023 by Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of whistleblowers. As of 1 August 2023, Act No. 171/2023 Coll., on the protection of whistleblowers (the Act), which incorporates the aforementioned Directive into the legal system of our country, is effective. The purpose of this legislation is to unify the rules for the protection of persons reporting violations across the EU. The Act regulates the submission and assessment procedure for notifications of possible violations, the conditions for providing protection to whistleblowers, the definition and obligations of obliged entities and the competence of the Ministry of Justice in the field of whistleblower protection.
The most important concepts
Obliged entity - organisation subject to obligations under the Act
Whistleblower - a person who is entitled to protection from retaliation under the Act.
Competent person - a person who meets the conditions of the Act, who receives and registers the notification, communicates with the notifier, recommends follow-up measures to the obliged entity and provides feedback to the notifier
Person concerned - the person who should have committed the infringement
Internal Whistleblowing System (IWS) - a set of procedures, documentation, technical and human resources involved in the process of whistleblower protection, recording and handling of notifications. These procedures ensure that the identity of each whistleblower, the person concerned and third parties named in the notification (e.g.: witnesses or their colleagues) is protected at all stages of the process.
External notification system - the administrator of this system is the Ministry of Justice. It is intended for whistleblowers who do not want or cannot use the internal whistleblowing system of the obliged entity.
Through the internal notification system ("VOS") set up within the Trauma Hospital in Brno, whistleblowers have the opportunity to report any unlawful act that has the characteristics of a criminal offence, an offence for which the law provides for a fine of at least CZK 100,000 or otherwise violates legal regulations or European Union regulations in the areas specified in Section 2(1)(d) of the Act, which the whistleblower became aware of in connection with work or other similar activity.
Work or other similar activity means:
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- dependent work performed in a basic employment relationship,
- Service,
- self-employment,
- the exercise of rights associated with participation in a legal entity,
- performance of the functions of a member of a body of a legal person,
- the performance of tasks within the scope of the activities of the legal entity, in its interest, on its behalf or on its account,
- administration of the trust fund,
- volunteering,
- professional practice, internship, or
- the exercise of rights and obligations arising from a contract the subject of which is the provision of supplies, services, construction work or other similar performance.
Only a natural person who should act in the public interest and in the good faith belief that the notification is based on credible facts and circumstances may be a whistleblower.
A whistleblower is entitled to protection if the whistleblower had reasonable grounds to believe that the information notified about the infringement was true at the time of notification (i.e., the whistleblower must not make a knowingly false notification), that the information fell within the scope of the Act, and at the same time if the whistleblower made the notification through a VOS, an external notification system, a public authority, or by publication in accordance with the wording of Section 7(1)(c) of the Act. The main protective measure may be considered to be the prohibition of retaliation against the whistleblower and other natural and legal persons (e.g. colleagues, assistants of the whistleblower, persons close to the whistleblower, legal persons of which the whistleblower is a partner, etc.).
Competent person:
Bc. Martina Oháňková, e-mail: m.ohankova@unbr.cz, tel: 771 296 851
Options for submitting notifications through the VOS:
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- web app for notifications
- in writing to the address of the Trauma Hospital in Brno - Bc. Martina Oháňková, Ponávka 6, 602 00 Brno, please indicate "Do not open" on the envelope
- by telephone: 545538645 (a written record of the telephone notification is made)
- in person: by prior arrangement, by phone or e-mail, it is possible to arrange a personal meeting
The whistleblower may also submit his/her notification through the external notification system established by the Ministry of Justice.