{"id":4056,"date":"2023-09-18T15:13:21","date_gmt":"2023-09-18T13:13:21","guid":{"rendered":"http:\/\/10.0.3.10\/?page_id=4056"},"modified":"2024-12-06T15:56:25","modified_gmt":"2024-12-06T14:56:25","slug":"interna-smernica-uoo-o-ochrane-oznamovatelov","status":"publish","type":"page","link":"http:\/\/10.0.3.7\/en\/o-nas\/dokumenty\/fungovanie-uradu\/interna-smernica-uoo-o-ochrane-oznamovatelov\/","title":{"rendered":"Internal directive of the WPO on the protection of whistleblowers"},"content":{"rendered":"
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Directive No 4\/2023 on the protection of whistleblowers of the Whistleblower Protection Office (as amended by Supplement No 1)<\/h4>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
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The Directive is issued pursuant to Act No. 54\/2019 Coll. on the Protection of Whistleblowers of Anti-Social Activity and on Amendments and Additions to Certain Acts (hereinafter also referred to as \"the Act\"), which regulates the conditions for providing protection to persons in an employment relationship or in another similar relationship in connection with the reporting of anti-social activity.\n\nTranslated with DeepL.com (free version)
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The Whistleblower Protection Office (the \"Office\") also wants this Directive to contribute to a transparent and ethical workplace culture. Employees and persons in other similar relationships with the Office should be able to report any unfair practice they encounter in the course of their work safely, confidently and without fear of reprisal. <\/span><\/p>

\u00darad deklaruje, \u017ee v\u0161etky podnety bud\u00fa preveren\u00e9, oznamovate\u013e chr\u00e1nen\u00fd a\u00a0zisten\u00e9 poru\u0161enia bud\u00fa pod\u013ea svojho druhu v zmysle pr\u00edslu\u0161n\u00fdch z\u00e1konov rie\u0161en\u00e9.
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Article 1<\/b><\/span><\/span><\/h5>
Preliminary provisions<\/b><\/span><\/span><\/h6>

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  1. This Directive regulates in particular the procedure for submitting, receiving and verifying notifications of anti-social activity (hereinafter referred to as \"notifications\"), details of the rights and obligations of the person responsible for verifying notifications, the protection of whistleblowers, the observance of confidentiality when dealing with notifications, the keeping of records of notifications and the processing of personal data.<\/span><\/p>

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    1. The purpose of the Directive is to ensure the safe and effective reporting and screening of communications concerning all unfair practices encountered by the Office's employees and persons in other similar relationships with the Office in the course of their work. <\/span><\/p>

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      1. A natural person who is in an employment or other similar relationship with the Office shall ensure that his or her conduct and actions in the performance of his or her work activities do not lead to or give the impression of a breach of generally applicable law.<\/span><\/p>

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        1. Oversight of compliance with the anti-corruption rules and the prevention of anti-social activities, as well as of the functionality and effectiveness of the internal system of notification and verification of notifications, is exercised by the President of the Office. <\/span><\/p><\/li><\/ol>

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          Article 2<\/b><\/span><\/span><\/h5>
          Basic terms<\/b><\/span><\/span><\/h6>

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          For the purposes of this Directive:<\/span><\/p>

          1. employer - office<\/span><\/p><\/li>

          2. Responsible person - a person who performs the tasks arising for the employer from Section 10 and Section 11 of the Act. The responsible person of the Office shall be the Internal Controller of the Office and the staff member in charge of the Personnel Office. In the event of the absence or conflict of interest of one of them, the rights and obligations of the responsible person shall be transferred to the Director of the Legal Department of the Office. The President of the Office shall ensure that the person responsible carries out his\/her tasks independently. The person responsible may not be penalised for the proper performance of his\/her duties.<\/span><\/p><\/li>

          3. report - a statement of facts of which the natural person has become aware in connection with an employment relationship or other similar relationship and which relate to anti-social activity.<\/span><\/p><\/li>

          4. qualified report - a notification which may contribute or has contributed to the clarification of a serious antisocial activity or to the detection or conviction of its perpetrator.<\/span><\/p><\/li>

          5. serious anti-social activity - <\/span><\/p><\/li><\/ol>

            1. Offenses under \u00a7 168, \u00a7 170, \u00a7 170b, \u00a7 177, \u00a7 212, \u00a7 213, \u00a7 217, \u00a7 221, \u00a7 226, \u00a7 233a, \u00a7 237 to 240, \u00a7 243, \u00a7 243a, \u00a7 247, \u00a7 247d, \u00a7 251a, \u00a7 252 to 254, \u00a7 261 to 263, \u00a7 266 to 268, \u00a7 271, \u00a7 278a, \u00a7 283, \u00a7 299a, \u00a7 302, \u00a7 305, \u00a7 326 to 327a, \u00a7 328 to 336b, \u00a7 336d, \u00a7 348, \u00a7 352a, or \u00a7 374 of the Penal Code, <\/span><\/p><\/li>

            2. an offence for which the Criminal Code provides for imprisonment with a maximum penalty exceeding two years, <\/span><\/p><\/li>

            3. an administrative offence for which a fine may be imposed with an upper limit determined by a calculation, or<\/span><\/p><\/li>

            4. an administrative offence for which a fine of at least EUR 30 000 may be imposed, <\/span><\/p><\/li><\/ol>

              1. whistleblower - a natural person who, in good faith, makes a notification to the authority responsible for receiving the report or to the employer; a natural person who, in good faith, makes a report to the authority responsible for receiving the report or to the employer shall also be considered a whistleblower <\/span><\/p><\/li><\/ol>

                      1. makes a report and his or her employment or other similar relationship has ended if he or she became aware of the information about the anti-social activity during the duration of that employment or other similar relationship,<\/span><\/p><\/li>

                      2. he or she makes a report and his or her employment or other similar relationship has not yet arisen, if he or she became aware of the information about the anti-social activity during the selection procedure or in the context of a pre-contractual relationship, <\/span><\/p><\/li>

                      3. made the report anonymously and his or her identity was revealed, <\/span><\/p><\/li>

                      4. disclosed information about anti-social activities which came to its knowledge during the selection procedure or in the context of pre-contractual relations and its employment or other similar relationship has not yet come into existence, or during the duration of the employment or other similar relationship or after the termination of the employment or other similar relationship on the grounds that <\/span><\/p>