- This process is legally regulated in Act no. 54/2019 Coll. on the protection of whistleblowers of anti-social activity and on the amendment of certain laws (full text of the law: https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2019/54/20230901 ).
- The rules of the company TuCon, a. s., regarding the protection of whistleblowers of anti-social activity are detailed in its relevant internal regulations (e.g. Directive on reporting anti-social activity).
- The principle of confidentiality – throughout the process, from the receipt of the complaint to the completion of the investigation and the adoption of measures to correct the identified deficiencies, the identity of the whistleblower and all affected persons will be kept confidential.
- Subject of notification
It should be a notification of an unfair practice that the informant learned about during the performance of his work. Therefore, it is not unverified information that he learned from other people and does not relate to his job. It also means that he did not proactively search for the information to compromise the employer. It is therefore a suspicion of criminality or other anti-social activity, which mainly concerns the suspicion of committing crimes, administrative offences, misdemeanors or other actions that have a negative impact on society and therefore threaten the public interest.
It can be, for example:
→ criminal offense of damaging the financial interests of the European Union
→ criminal offense of machinations in public procurement and public auction
→ criminal acts of bribing or accepting a bribe
→ crimes against the environment
→ criminal offense of endangering health with harmful food and other products
→ administrative offense of handling waste in violation of the law
→ violation of anti-money laundering rules
etc.
- Persons entitled to submit such a notice
Any natural person who makes a notification in good faith, while he is or was with the company TuCon, a. s. in an employment/business relationship or in another similar relationship such as e.g. employees, shareholders, contractors, interns, contractors and subcontractors, other contractual partners, persons in an employment relationship that has already ended, persons whose employment relationship is about to begin.
- Designation of the responsible person (ZO) – contact persons of the employer
He fulfills the tasks that arise from the employer under the Act on the Protection of Whistleblowers of Anti-Social Activities and in sp. TuCon, a. s. are:
CEO of the company (Ing. Miroslav Žák); +421 917 468 404
Company lawyer (JUDr. Radomír Drunek); +421 917 468 408
- Method and content of notification submission
personal submission (to the responsible person)
by phone (to the responsible person)
by mail (letter) to the address of the registered office TuCon, a. s.: K cintorín 63, 010 04 Žilina – Bánová
by e-mail (an e-mail box created especially for this purpose) oznamovatel@tucon.sk
The notification can also be submitted anonymously, but it is always advisable to include a contact so that the ZO could communicate about the details of the notification, or on other related matters.
Each submission should also contain (at least a brief) description of facts that indicate that an anti-social act has taken place – description of events, photo documentation, identification of witnesses, etc.
- Protection of whistleblowers
ZO must do everything possible to prevent retaliatory measures against whistleblowers (e.g. if they are fired for reporting; they will be transferred to another job position, etc.). In case of doubt, the employees have the right to turn to the ZO to check whether such actions of the employer are related to his notification. Alternatively, they can contact the ÚOO directly within 15 days of learning about the retaliatory activity, while the ÚOO can suspend the effectiveness of the labor act for 30 days if the employer does not credibly explain that it was not related to the notification.
ZO as well as the entire sp. TuCon, a. s. must submit notifications under no. 54/2019 Coll. on the protection of whistleblowers of anti-social activity, to respect the protection of personal data of the whistleblower or persons related to him.
If the whistleblower reports serious anti-social activity to a law enforcement or administrative authority, they can – and it is better for them – if they also request preventive protection, the so-called protected whistleblower status. And if they receive it, the employer cannot take labor law action against the whistleblower without the consent of the ÚOO.
- Notification review process and deadline
After receiving the initiative, the ZO must decide how it will be dealt with. He must check whether the initiative contains all the necessary information or is sufficiently clear and definite and whether the submission relates to anti-social activity.
The law stipulates an obligation to send the notifier a confirmation of receipt of this notification within 7 days from the date of its submission (the so-called notification obligation).
Each notice must be checked within 90 days of its receipt, and within this period the notifier must also be informed of the way his notice will be handled. In the main phase of the review, the ZO collects enough evidence to either confirm or refute the content of the complaint.
The following situations may result from the screening:
→ the commission of an anti-social activity is not confirmed (the notification was proven to be unfounded by verification),
→ the commission of an anti-social activity is confirmed (the notification proved to be justified by verification),
→ the commission of an anti-social activity is not clear-cut.
The internal review should be properly documented and archived together with the notification according to the law for a period of at least three years.
- External notification systems – if the notifier has reasonable concerns that the notification would not be objectively verified by the internal procedure within sp. TuCon, a. s. can always contact the Office for the Protection of Whistleblowers (ÚOO) directly
Electronically: https://formular.oznamovatelia.sk/form/mail
By mail/in person at the address: Námestie slobody 29, 811 06 Bratislava
ÚOO is an independent institution with nationwide scope that protects the rights of whistleblowers, the so-called whistleblowers. It has the unique power to intervene if an employer fires or otherwise retaliates against an employee who reported something illegal. It mainly deals with cases that threaten the public interest. More info at https://www.oznamovatelia.sk/
External channels also include the prosecutor’s office or any administrative authority that is concerned by the initiative and can issue a fine.