Law on Whistleblower Protection
The law governs internal and external whistleblowing and public disclosure under statutory conditions. It protects covered whistleblowers against detrimental action connected with disclosures and sets duties for employers and competent authorities.
Avangarda does not provide legal representation. These materials are here to inform and to make rights easier to understand. For a concrete legal procedure, contact a lawyer, legal aid service or the relevant institution.
Whistleblowing and retaliation
The Law on Whistleblower Protection protects people who disclose information through legally recognised channels about violations of law or rights, abuse of public powers, serious danger and large-scale harm. Published in Official Gazette RS 128/2014, it has applied since 5 June 2015. Protection covers identity and prohibits harmful retaliation, but depends on the conditions for lawful whistleblowing.
The law distinguishes internal disclosure to the employer or authorised person, external disclosure to the competent authority and public disclosure under special conditions. Before reporting, identify what you learned, which documents you lawfully possess and the institution responsible for the irregularity. Separate directly known facts from suspicions. The competent body investigates within its remit; a report is not itself proof that the reported person is responsible.
Keep evidence of the information submitted, reporting date, receipt and subsequent treatment. If adverse changes follow, record specific events and their connection with whistleblowing. Documents help distinguish reporting the irregularity from seeking protection for the whistleblower. Keeping evidence does not justify unauthorised access to other people’s data. Confidential information and public disclosure require separate legal examination.
A higher court provides special judicial protection through urgent proceedings. Subject to statutory conditions, claims may seek findings and prohibition of harmful conduct, removal of its consequences, compensation and publication of the judgment. Reporting and bringing a claim have different requirements and deadlines. If an employer’s decision is also disputed, check the appropriate way to challenge it instead of assuming a single report resolves every employment dispute.
Not every public accusation is protected whistleblowing, and associated people do not all have the same legal position. Use the enacted parliamentary text and specific Legal Information System act to check reporting channels, identity protection and available judicial claims.
Avangarda’s information overview; translations are editorial, not official legislation. Check the current official law for your situation and obtain qualified legal assistance where needed.
What is this for?
Clarifies reporting routes and special protection against harmful acts.
Who can use it?
Whistleblowers, associated persons covered by the law, employers and competent authorities.
When should it be used?
When reporting misconduct or experiencing retaliation connected with lawful whistleblowing.