What do I need to know about Whistleblower Protection?
The protection of whistleblowers, their rights and possible legal remedies are laid down in the Law on the Protection of Whistleblowers of the Republic of Lithuania.
As well as other relevant legislation:
Resolution of the Government of the Republic of Lithuania “On the Implementation of the Law on the Protection of Whistleblowers of the Republic of Lithuania”.
The Public Prosecutor’s Office of the Republic of Lithuania performs the functions of a competent authority under the Whistleblower Protection Act.
For more information – https://www.prokuraturos.lt/lt/praneseju-apsauga/5954
If, after assessing the information provided by you, we find that you meet the conditions for acquiring the status of a whistleblower set out in the Whistleblower Protection Law and you have expressed your intention to acquire the status of a whistleblower in your notification, we will immediately forward the notification to the Prosecutor’s Office of the Republic of Lithuania.
Only the Public Prosecutor’s Office of the Republic of Lithuania can decide whether to grant whistleblower status.
What are the most important legal remedies?
The person who has provided information on the infringement shall be subject to the following provisions of Article 11 of the Whistleblower Protection Act. 3 and 5 d. defences to protect against adverse effects:
- where a person who has provided information on a breach through the institution’s internal whistleblowing channel is adversely affected, he or she shall submit a report to the competent authority, which shall decide on the recognition of the person as a whistleblower.
- the whistleblower, the whistleblower’s family members, relatives and colleagues may have recourse to the courts as a result of the adverse effects of the measures.
What are the most important rights and guarantees?
Basic measures to protect, promote and assist individuals:
1) Ensuring secure channels for reporting infringements;
2) ensuring confidentiality;
3) Prohibition of adverse effects;
4) the right to receive remuneration for valuable information;
5) the right to compensation;
6) ensuring free legal aid;
7) exemption from liability;
8) the right to full, impartial information and free advice on whistleblowing procedures and remedies.
Providing information that is known to be false, as well as information that constitutes a state or official secret, does not give the person any guarantees under the Whistleblower Protection Act. In addition, a person who has provided knowingly false information or who has disclosed a state or official secret or a professional secret shall be liable in accordance with the procedure laid down by law.
What liability can the person who provided the information about the infringement be exempted from?
In accordance with the procedure laid down in the Whistleblower Protection Act, the person providing information on the infringement shall provide information relating to commercial (industrial) secrecy, professional secrecy, bank secrecy, confidential information of Group companies or information on the private life of an individual, which shall not be deemed to be a disclosure of the aforementioned categories of information, except in the case where the information on the infringement has been disclosed to the public.
What kind of measures are prohibited against the whistleblower?
We undertake to ensure that we prohibit any adverse action against the whistleblower, as well as his/her family members, colleagues working for the Company or the Group, as a result of the information provided through the Helpline, including but not limited to:
- suspend him from his duties;
- dismissal; suspension from promotion;
- reassignment to a lower post or to another job;
- not to convert a fixed-term contract into an open-ended contract where the worker has a legitimate expectation of being offered a permanent job;
- not renewing a fixed-term contract or terminating a fixed-term contract early; intimidation;
- to resort to coercion;
- harassment;
- restricting or excluding you from previously normal formal or informal activities;
- discrimination;
- threatening to retaliate;
- limit career opportunities;
- stop training;
- pay cuts;
- unreasonably alter working hours or unreasonably assign or delegate additional tasks;
- raise doubts about competence;
- giving negative performance reviews or feedback about a staff member;
- communicate to third parties negative information about him or her that could lead to future unemployment in that sector or industry;
- to withdraw the right to work with information classified as a state or service secret;
- impose or apply any disciplinary or other sanctions (including financial sanctions);
- cause damage (including damage to a person’s reputation, especially on social networks); cause financial loss (including loss of business and income);
- terminate a contract for the supply of goods or services early;
- revoke a licence or permit;
- refer you to psychiatrists or other doctors;
- any other negative impact measures.