Why has ALTEX set up a reporting office?

The establishment of a reporting office is part of the Whistleblower Protection Act (HinSchG), which came into force on 02.07.2023. This law transposes the EU Whistleblower Directive into national law and aims to strengthen the protection of whistleblowers. The aim is to ensure that these individuals are not at risk of disadvantages within the framework of the legal requirements.

Who can report?

The law is limited to the 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 or was in professional contact.

What can be reported?

Violations may be reported if they concern actions or omissions in the context of a professional, entrepreneurial or official activity and are unlawful. These violations must concern regulations or areas of law that fall within the material scope of § 2 HinSchG. These include, for example

• Violations of occupational health and safety regulations
• Violations of the Minimum Wage Act
• Violations of the Temporary Employment Act
• Violations of data protection regulations
• Violations of security requirements in information technology
• Violations of environmental protection regulations

How can I submit a tip?

Whistleblowers have the choice of contacting either the company’s internal reporting office or an external reporting office. However, the law recommends that internal reporting is preferable to the external reporting channel, as it is the most effective way of remedying the breach due to its proximity to the issue. However, if this internally reported violation is not remedied, for example, you can also report it online to the federal government’s external reporting office: Federal Office of Justice Reporting Office.

What exactly is the internal reporting office?

There is a central e-mail address for contacting us, which you can find at HinSchG@altex.de . Only the officers of the reporting office will receive knowledge of your report and will accompany the essential steps of the investigation. Unauthorized employees of the company will not have access to your report. All information will be treated in strict confidence in accordance with the confidentiality requirements of Section 8 HinSchG, in particular with regard to the identity of the person making the report and the persons concerned.

What should you bear in mind when formulating your note about the internal reporting office?

Describe the incident in as much detail as possible. Consider the five W-questions (What? Who? When? How? Where?). Which laws, rules or guidelines are not being complied with? Your report will be processed by expressly authorized and specially trained persons while maintaining confidentiality. After submitting the report, you will receive feedback from us and, if necessary, questions that may be important for clarifying the report. We will also keep you informed about the progress of your case.

How am I protected from reprisals?

If you experience discrimination in connection with your professional activity following your report or disclosure, it is assumed that this discrimination constitutes retaliation. In this case, the person who discriminated against you must prove that the discrimination was based on sufficiently justified reasons or was not based on the report. In the event of a breach of the prohibition of reprisals, the person responsible is obliged to compensate you for the resulting damage. For damages that are not financial losses, the whistleblower can demand appropriate monetary compensation.

Under the HinSchG, for example, you are protected against:

• Suspension, termination or comparable measures
• Downgrading or denial of promotion
• Relocation of duties, change of place of work, reduction in salary or change in working hours
• Refusal to participate in further training measures
• Negative performance reviews or poor references
• Disciplinary measures, reprimands or other sanctions, including financial sanctions
• Coercion, intimidation, bullying or exclusion
• Discrimination or unequal treatment

Does the law provide for sanctions for false reports?

Yes, 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 under the HinSchG against reprisals in such cases.