Whistleblowing

The Whistleblower Protection Act´s  material scope of application goes beyond European legal requirements. It extends the material scope of application to all violations that are subject to punishment (section 2 (1) No. 1 HinSchG). Additionally, violations subject to fines are included insofar as the violated regulation serves to protect life, body, health or the rights of employees or their representative bodies (section 2 (1) No. 2 HinSchG). The last alternative covers not only regulations that directly serve occupational health and safety or health protection, but also related notification and documentation requirements, for example under the Minimum Wage Act. Thus, as a result, section 2 (2) No. 2 HinSchG covers the majority of administrative offences in the context of employment.

Finally, the Whistleblower Protection Act also provides for a list of infringements that predominantly correspond to the relevant areas of law according to the recitals of the EU Whistleblower Directive.

According to the Law, a “breach” means a criminal act, administrative offence, official misconduct or breach of work duties, or a gross violation of the mandatory norms of professional ethics, an attempt to conceal said infringement or any other breach of the law posing a threat or causing harm to the public interest. It is a breach if it has been planned but not implemented, is being committed or has been committed at the company. Whistleblowers may become aware of the breach through his or her present or former service, employment or contractual relationship (eg, counseling, contracting, subcontracting, internships, volunteering) with this company, including through recruitment or another pre-contractual relationship.

The list of areas of breaches is not definitive, which means that it covers all possible areas for the protection of the public interest, not just those listed in article 2(1) of the Directive.