Setting up processes to meet obligations under the Whistleblower Protection Act

The Czech legal system is still undergoing many changes, and one of the reasons for these changes is the need to respond to the EU directives that need to be implemented in our legal system. Employers must therefore not only focus on their own business, but also on monitoring legislative changes and their impact on their activities. Act No. 171/2023 on the protection of whistleblowers, which is based on the EU directive and should have been introduced into our legal system at the beginning of 2022, is effective from 1 August 2023. The client, as an employer, employs more than 50 employees and is therefore affected by the new legislation.

First, we need to set out the different areas:

• Setting up and implementing a functional internal notification system
• Preparation of a new internal directive
• Consultation with IT specialists
• Identification of the so-called competent person and setting up his/her functioning within the company
• Compliance with the client’s information obligations towards third parties
• Training of employees and competent person

The expected results are:

• Providing comprehensive advice needed to meet employer obligations under the new legislation
• reducing the volume of work for the client
• using the experience gained from the implementation of the GDPR and the new Civil Code in our clients’ contractual and internal documentation

The main objective of the employment law consultancy was to ensure a smooth introduction of the new legislation into the client’s organisational structure so that the implementation would put as little burden as possible on the client’s HR department. An internal organisational system was created that met the legal criteria and a competent person within the organisation was identified to carry out the specified duties. After reviewing the client’s existing internal regulations to assess their potential use, a new directive was created to regulate the rights and obligations of employees under the new law. The client’s employees were familiarised with the new document and trained on the new rights and obligations. Intensive client communication and support continues and will continue over the next several months, particularly with respect to the specific suggestions that the client will be required to address.

Attorney Olga Vavrova says: “Leave some of your duties to us so that you can devote your full attention to your business.”