Whistleblower and Reporting Procedure in Leiden
A whistleblower reports wrongdoings within an organisation. Legislation provides protection against negative consequences of a report.
What is a Whistleblower?
A whistleblower is a person who reports (suspected) irregularities within a company or institution, internally or to an external authority.
Which Irregularities Can Be Reported?
- Financial malversations and corruption
- Risks to public health or the environment
- Violation of laws and regulations
- Misleading practices towards supervisory authorities
- Threats to safety
Protection of the Reporter
The Whistleblower Protection Act (2023) ensures that reporters are not disadvantaged by:
- Termination of employment contract or suspension
- Demotion or forced relocation
- Intimidation or exclusion
- Other adverse treatments
Internal Procedure for Reports
Companies with more than 50 employees are required to have an internal reporting procedure.
External Reporting
If an internal report is not feasible or yields no result, one can turn to the House for Whistleblowers or other competent authorities in Leiden.
Legal basis: Whistleblower Protection Act
Relevant authorities in Leiden: District Court of The Hague, Leiden Location; Juridisch Loket Leiden, Stationsweg 46
Frequently Asked Questions about Whistleblowing
When am I considered a whistleblower?
You are regarded as a whistleblower as soon as you report a possible wrongdoing within your organisation or to an external party such as the House for Whistleblowers. This concerns serious issues such as fraud or health risks. Proof is not required, but your report must be in good faith. Protection applies immediately from the report.
What if my employer treats me adversely after a report?
If you experience negative consequences after a report (such as dismissal or bullying), you can contact the House for Whistleblowers for investigation or mediation. You can also take legal action through the court. The law provides a right to protection and possibly compensation. Keep evidence such as correspondence well documented.
Is my employer required to have a reporting procedure?
Yes, organisations with 50 or more employees must have an internal reporting procedure. This includes a clear approach for reporting wrongdoings and protecting the reporter. Smaller companies are encouraged to do so as well. Inquire with your employer about the specific guidelines.
Can I report a wrongdoing anonymously?
Yes, anonymous reporting is often possible, both internally and externally. However, this may complicate the investigation. The House for Whistleblowers offers options for anonymity, but bear in mind that as an anonymous reporter you may have less legal protection.
What follows after reporting a wrongdoing?
After a report, an investigation starts by the organisation or the House for Whistleblowers. You will be informed about the progress and results. During this process, you are protected against adverse consequences. If the wrongdoing is confirmed, appropriate measures are taken. Feedback is usually received within three months.
Can I be a whistleblower as a self-employed person?
Yes, self-employed persons (zzp’ers) can also report wrongdoings within an organisation where they work. However, the Whistleblower Protection Act primarily focuses on employees, so protection for self-employed persons is more limited. Advice and support are available via the House for Whistleblowers.