What EU Whistleblower Protection Directive (EU) 2019/1937 - Article 19: Prohibition of Retaliation requires
Article 19 of the EU Whistleblower Protection Directive (2019/1937) establishes a comprehensive prohibition on retaliation against reporting persons who report violations of EU law in good faith. The prohibition covers any direct or indirect retaliatory acts or omissions, including: dismissal, suspension, demotion, transfer, withholding of promotion, change of working hours, negative performance assessment, imposition of disciplinary measures, coercion, intimidation, harassment, discrimination, failure to convert temporary contracts, non-renewal of fixed-term contracts, damage to reputation or financial harm, blacklisting, and early termination of contracts for goods or services. The prohibition extends to facilitators, third parties connected to the reporting person, and legal entities associated with or owned by the reporting person. Article 21 establishes a reversed burden of proof in proceedings concerning retaliation - once the reporting person establishes that they made a report and suffered detriment, the burden shifts to the employer or entity responsible for the detriment to prove the detriment was not connected to the report. Interim measures to prevent retaliation during legal proceedings must be available. Effective penalties including compensation for the reporting person are required.
Pillar: Workplace · Authority: European Parliament and the Council of the European Union · Version: 2.0.0 · Last updated:
Primary source: https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937
SHA-256 integrity: c4b8580eabe8c380e151047f5fed9186f9d4793837d82e474e391e7db1b06edc
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- {"title":"EU Whistleblower Protection Directive (EU) 2019/1937 - Article 19: Prohibition of Retaliation","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937","section":"Article 19"}
- {"title":"EU Whistleblower Protection Directive (EU) 2019/1937 - Article 21: Burden of Proof Reversal","url":"https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32019L1937","section":"Article 21 (burden of proof reversal in retaliation proceedings)"}
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