Why has my employer set up a reporting office?

This is due to the Whistleblower Protection Act, which came into force on 02.07.2023. The HinSchG is the transposition of the EU Whistleblower Directive into national law. The protection of whistleblowers and other persons affected by a report is to be strengthened and it is to be ensured that they are not threatened with any disadvantages (prohibition of reprisals) within the framework of the provisions of this Act.

Who can report?

Restriction to professional context:

Information about violations only falls within the scope of the law if it relates to the – also former – employer or another body with which the whistleblower is/was in professional contact.

What can be reported in order to fall within the scope of the law?

Violations may be reported. Violations are acts or omissions in the context of a professional, entrepreneurial or official activity that are unlawful and concern regulations or areas of law that fall within the material scope of § 2 HinSchG.

Numerous violations are mentioned here, e.g.

Violations of criminal law,
which are subject to fines (with exceptions),
Occupational health and safety, health protection, against the Minimum Wage Act, requirements of the Temporary Employment Act
against data protection regulations, against security in information technology, against environmental protection requirements.

How can I submit a tip?

Whistleblowers have the choice of contacting an internal reporting office of the company or an external reporting office at the Federal Office of Justice.

However, according to the wording of the law, whistleblowers should prefer to report to an internal reporting office in cases where the violation can be effectively dealt with internally and they do not fear reprisals.

You can reach the external reporting office at

https://www.bundesjustizamt.de/DE/MeldestelledesBundes/MeldestelledesBundes_node.html

What exactly is the internal reporting office?

There is a central e-mail address for contacting us.

Only the Reporting Office Officers will become aware of your report and will accompany the further essential steps of the investigation. Unauthorized employees of the company will not have access to your message. All information in your report will be treated in strict confidence in accordance with the confidentiality requirement of Section 8 of the Whistleblower Protection Act with regard to the identity of the person making the report, the persons who are the subject of a report and any other persons named in the report.

How exactly am I protected from reprisals?

If you suffer a disadvantage in connection with your professional activity following your notification or disclosure, it is assumed that this disadvantage is a reprisal. In this case, the person who has disadvantaged you must prove that the disadvantage was based on sufficiently justified reasons or that it was not based on the notification or disclosure.

In the event of a breach of the prohibition of reprisals, the perpetrator is obliged to compensate you for the resulting damage. The person providing the information may demand appropriate monetary compensation for damage that is not financial loss.

This means that you are protected in accordance with the HinSchG against, for example

Suspension, termination or comparable measures;
Downgrading or denial of a promotion;
Relocation of duties, change of place of work, reduction in salary, change in working hours;
Refusal to participate in further training measures;
negative performance appraisal or issue of a poor reference;
Disciplinary action, reprimand or other sanction, including financial sanctions;
Coercion, intimidation, bullying or exclusion;
Discrimination, disadvantageous or unequal treatment;
Does the law provide for sanctions for false reports?

The whistleblower is obliged to compensate for any damage resulting from the intentional or grossly negligent reporting or disclosure of incorrect information.

In addition, there is no protection from reprisals under the HinSchG.