Academic literature on the topic 'Protection of whistleblowing'

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Journal articles on the topic "Protection of whistleblowing"

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Gibbs, Tanya. "Whistleblowing: protection or discouragement." Journal of Money Laundering Control 23, no. 3 (July 15, 2020): 591–600. http://dx.doi.org/10.1108/jmlc-03-2020-0031.

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Purpose The purpose of this paper is to survey UAE legislative initiatives affecting whistleblowing. Many studies claim that whistleblowing is one of the most effective mechanisms in fighting corruption. Either done merely to satisfy regulatory requirements or in genuine efforts to counter internal fraud, many organizations around the world incorporate whistleblowing programs. However, a lack of comprehensive whistleblower protection remains the main impediment for reporting misconduct or wrongdoing. A country’s legislative framework and its cultural and socio-economic specifics impact the effectiveness of such protective measures. Moreover, in the absence of comprehensive, stand-alone whistleblowing laws, whistleblowers can become victims not only of employers’ retaliatory actions but also of criminal and civil charges. Design/methodology/approach This paper surveys the UAE law and regulations in regard to whistleblower protection. It also raises concerns regarding their effectiveness based on the county’s unique socio-economic and cultural environment and their interplay with other legislations, which can potentially make whistleblowing a criminal offense. Findings In the absence of stand-alone whistleblowing legislation, cultural aspects and other laws can serve as deterrents for whistleblowers. It is crucial for a jurisdiction to set up an effective legal and regulatory framework to enable synergy across different laws and agencies involved. Implementation of comprehensive, stand-alone whistleblowing legislation might help provide legal certainty and clarity. Research limitations/implications In the absence of empirical studies on UAE whistleblowing, the researcher primarily relied on English translations of the country’s laws and regulations, official press releases and English media sources. Practical implications This study introduces relevant background to organizations establishing their own whistleblowing policies and employee training. Originality/value This paper examines the effectiveness of whistleblowing legislative initiatives through the prism of the country’s cultural, socio-economic and legal environment.
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TING, MICHAEL M. "Whistleblowing." American Political Science Review 102, no. 2 (May 2008): 249–67. http://dx.doi.org/10.1017/s0003055408080192.

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By skipping managers and appealing directly to politicians, whistleblowers can play a critical role in revealing organizational information. However, the protection of whistleblowers can affect managers' abilities to provide employees with incentives to exert effort. This paper explores this tradeoff with a model of agency decision-making under incomplete information. In the game, an employee's effort determines a project's quality, and a manager chooses whether to approve the project and discipline the employee. The employee and politician wish for only “good” projects to be approved. By whistleblowing, an employee reveals the quality to a politician outside of the organization, who may override the manager's decision. A key finding is that from the politician's perspective, the benefits of whistleblower protections depend on the preferences of the manager. If the manager is inclined toward approving projects, then the costs of lower employee effort may outweigh the informational benefits of whistleblowing. The optimal policy may then be to ban whistleblowing. By contrast, when the manager is inclined toward rejecting projects, whistleblower protections prevent him or her from suppressing effort and are unambiguously beneficial.
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Vinten, Gerald. "Asset Protection Through Whistleblowing." Journal of Financial Crime 2, no. 2 (March 1994): 121–31. http://dx.doi.org/10.1108/eb025641.

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Effendi, Azhari, and Nuraini Nuraini. "PENGARUH PERLINDUNGAN HUKUM, ORIENTASI ETIKA IDEALISME, ORIENTASI ETIKA RELATIVISME DAN RETALIASI TERHADAP INTENSI WHISTLEBLOWING (SURVEI PADA MAHASISWA UNIVERSITAS NEGERI DI PROVINSI ACEH)." Jurnal Ilmiah Mahasiswa Ekonomi Akuntansi 4, no. 3 (September 7, 2019): 504–19. http://dx.doi.org/10.24815/jimeka.v4i3.12586.

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The purpose of this research is to know the: (1) the influence of legal protection, idealism ethical orientation and relativism ethical orientation simultaneously on whistleblowing intention, (2) the influence of legal protection has on whistleblowing intention, (3) the influence of idealism ethical orientation on whistleblowing intention, (4) the influence of relativism ethical orientation on whistleblowing intention, (5) the influence of retaliation on whistleblowing intention. The population of this study is 395 students from state universities in Aceh province. Sampling technique used was simple random sampling. The data source used in this study is primary data through the distribution of questionnaires to respondents. Data were analyzed using multiple regression analysis with SPSS 20 processing. The result from this research (1) Legal protection, idealism, relativism and retaliation have an influence together (simultaneously) on whistleblowing intentions. (2) Legal protection has a positively influence on whistleblowing intentions. (3) Idealism has a positive effect on whistleblowing intentions. (4) Relativism has not influence on whistleblowing intention. (5) Retaliation has not influence on whistleblowing intention
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Braillon, Alain. "Whistleblowing: Neither reward, nor protection." Journal of Public Health Policy 31, no. 2 (June 10, 2010): 278–79. http://dx.doi.org/10.1057/jphp.2010.15.

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Prasetyono, Tarjo, Elita Aprilianty, Ach Fawaid As'ad, Indra Prayitno, Erfan Muhammad, and Emi Rahmawati. "Fraud Prevention Mechanism: Enhancing From Religiosity, Whistleblowing Protection, and Whistleblowing Intention." InFestasi 17, no. 1 (June 30, 2021): InPres. http://dx.doi.org/10.21107/infestasi.v17i1.9626.

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This This research aims to determine fraud prevention from religiosity, protection whistleblower, and whistleblowing system perspectives. The population in this research was employees of PT Prudential Life Assurance. The population is taken without distinguishing gender, education, and work experience and taken from 43 as the total number of insurance employees. This study used saturated samples or census as the sampling technique, whereas all population employs as samples. The research data uses primary data obtained by researchers by giving questionnaires (structured questions) to insurance employees. The research analysis was conducted with multiple linear regression analysis. The results showed that religiosity and whistleblower prevention did not affect fraud prevention. The absence of the effect of whistleblower protection on fraud prevention shows that the protection for whistleblowers is not yet adequate. The existence of intimidation, injustice and law enforcement are reasons why individuals are reluctant to become whistleblowers. However, whistleblowing intention affects fraud prevention. These findings indicate that human actions are influenced by their intentions, attitudes and subjective norms.
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Rahardjo, Benjamin S. "A Comparative Analysis of Whistleblower’s Protection in Indonesia and United States of America." Humaniora 8, no. 2 (April 30, 2017): 181. http://dx.doi.org/10.21512/humaniora.v8i2.3895.

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The researcher classified whistleblowing system, its protection in Indonesia, and compared it with practices in the United States of America (USA). The researcher used the qualitative descriptive method with secondary data, such as legislation, news, articles from competent internet sources, journals, books and presentation materials that related to whistleblowers. It finds that whistleblowing has been proven as one of most effective way to nurture good corporate government. On the other hand, it demands the proper protection for its blowers. This research suggested Indonesian government to improve whistleblowing system through comprehensive legislations and coordination among related institutions. Witness and Victim Protection Agency (Lembaga Perlindungan Saksi dan Korban/LPSK) have a vital role in improving support for the reporters.
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Kobroń-Gąsiorowska, Łucja. "PUBLIC INTEREST AS A BASIC ELEMENT OF THE PROTECTIVE FUNCTION OF LABOR LAW - THE PROTECTION OF WHISTLEBLOWERS." Roczniki Administracji i Prawa 1, no. XIX (June 30, 2019): 333–43. http://dx.doi.org/10.5604/01.3001.0013.3605.

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Whistleblowing is a key tool in fighting corruption and wrongdoing. This article is intended to present changes related to the understanding of the protective function of labor law in the context of protecting whistleblowers who report, in good faith, actual knowledge or suspicion of wrongdoing in both the private and public sectors. The author puts forward the thesis that protection of the public interest is a new and key element of the protective function of labor law.
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Al-Haidar, Faisal. "Whistleblowing in Kuwait and UK against corruption and misconduct." International Journal of Law and Management 60, no. 4 (July 9, 2018): 1020–33. http://dx.doi.org/10.1108/ijlma-05-2017-0119.

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Purpose This paper aims to explore the nature and the scope of whistleblowing in Kuwait and in the UK. Whistleblowing is when a person, usually an employee, in a government agency or private enterprise, discloses information to the public or to those in authority, of mismanagement, corruption or other wrongdoing. Due to the unpredictable consequences of whistleblowing, it is probable that many employees who witness wrongdoing do not consider blowing the whistle, because they fear the impact of such action on their relationship with their employers. Design/methodology/approach The author evaluated the whistleblowing systems in different countries. He first tackled the nature of whistleblowing in general, proceeded to analyse whistleblowing in Kuwait with mentions from other countries and finally evaluated the whistleblowing process in the UK. Findings The whistleblowing situation in the UK is clearer than that in Kuwait. Recent improvements have been made in the UK to protect whistleblowers. In the UK, the whistleblowing law under the Public Interest Disclosure Act 1998 came into force in July 1999 to protect whistleblowers. Kuwait also has had some improvements, which were seen to offer legal protection for those raising concerns about corruption under Law no. 24 of 2012. However, the author recommends that the Kuwaiti Government should give more protection to whistleblowers, and there is a need to protect the whistleblowers. Originality/value Potential whistleblowers might feel discouraged from disclosing information against their organisation, fearing a backlash against them. This is where the law and the rights of employees must be clarified. This paper will, therefore, evaluate the system of whistleblowing in the UK under the Public Interest Disclosure Act 1998 and examine this against the whistleblowing law in Kuwait under the Whistleblowing Act no. 24 of 2012.
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Gijsenbergh, Joris. "From Neglect to Protection: Attitudes towards Whistleblowers in the European Institutions (1957–2002)." Politics and Governance 9, no. 1 (March 31, 2021): 281–91. http://dx.doi.org/10.17645/pag.v9i1.3944.

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This article analyses how transparency became a buzzword in the European Union (EU) and its predecessors. In order to do so, it examines how the European Parliament (EP), the European Commission, the Court of Justice, and earlier European institutions responded to whistleblowing, between 1957 and 2002. In 2019, the EP agreed to encourage and protect whistleblowers. However, whistleblowing is far from a recent phenomenon. Historical examples include Louis Worms (1957), Stanley Adams (1973), and Paul van Buitenen (1998). Based on policy documents and parliamentary debates, this article studies the attitudes and reactions within European institutions towards whistleblowing. Their responses to unauthorized disclosures show how their views on openness developed from the beginning of European integration. Such cases sparked debate on whether whistleblowers deserved praise for revealing misconduct, or criticism for breaching corporate and political secrecy. In addition, whistleblowing cases urged politicians and officials to discuss how valuable transparency was, and whether the public deserved to be informed. This article adds a historical perspective to the multidisciplinary literature on whistleblowing. Both its focus on the European Coal and Steel Community, European Economic Community, and EU and its focus on changing attitudes towards transparency provide an important contribution to this multidisciplinary field.
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Dissertations / Theses on the topic "Protection of whistleblowing"

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Lindqvist, Stefan. "Press Freedom and the Protection of Whistleblowers : A Qualitative Study of Their Relationship." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-274488.

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This paper examines the potential causal link between press freedom and the quality of whistleblower-protection, namely the quality of the legislation designed to protect whistleblowers, and it does this with an intensive case study of Botswana and South Africa. In order to isolate the causal chain the paper controls for democracy, economic development, dependence on aid, Internet access, natural resources and state transparency. The results show that there is a correlation between press freedom and protection of whistleblowers, however the causal link could not be isolated thus inviting for further research into the relationship. The paper contributes to the field of political science by providing insights into the largely under-researched relationship between press freedom and protection of whistleblowers.
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Marciszewski, Izabela. "The Phenomenon of Whistleblowing: A Series of Conceptual and Legal Considerations." Thesis, Boston College, 2013. http://hdl.handle.net/2345/3143.

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Thesis advisor: Donald Fishman
The purpose of this thesis is to examine a multitude of concepts related to the phenomenon of whistleblowing. Chinn, Mufson, and Pearlman (2013) underline that we find ourselves “in the age of the whistleblower” and it is therefore imperative to understand this new phenomenon. The visibility of whistleblowers in the media is increasing but whistleblowers are not always portrayed accurately, and, as such, it may be beneficial to examine them in a more legitimate context. As whistleblowers can provide a tremendous service to the public, their organization, and the current economic situation, it is in society’s best interest to understand the whistleblowing process in order to encourage its expansion. The first half of the thesis examines the logistics of the whistleblowing process, the characterization of a whistleblower, and the various groups that can benefit from the whistleblowing phenomenon. This in depth analysis aims to dispel any misconceptions about whistleblowing and provides readers with a comprehensive overview of the literature available on whistleblower dynamics. The second half of the thesis reviews whistleblower laws from their foundation nearly two centuries ago all the way to current developments in whistleblower legislation. It analyzes the strengths and deficiencies of various legal measures and seeks to demonstrate why whistleblower legislation may never fully afford whistleblowers the comprehensive protection they deserve. This section will argue that, though whistleblower legislation has certainly improved in aiming to promote whistleblowing, certain deficiencies remain a permanent part of whistleblower law
Thesis (BA) — Boston College, 2013
Submitted to: Boston College. College of Arts and Sciences
Discipline: Communication Honors Program
Discipline: Communications
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Karlegatt, Olivia. "Visselblåsarens situation på den privata arbetsmarknaden : En studie om gränserna för privatanställdas kritikrätt." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-62809.

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Whistle-blowers have an important role as they reveals incongruities in organizations in order to enable improvement of working conditions. However, there is a risk of reprisals against the employees when expressing their discontent, which may prevent them from blowing the whistle. Since whistle-blowers in private sectors have less protection of freedom of expression against their employer, the protections of whistleblowing also become weaker in these organizations. Nowadays it is becoming increasingly common for businesses in the welfare sector to govern under private management, but still with public funding. A weak protection of whistleblowing therefore reduces the public's opportunity to gain insight into how public funds are used. Therefore the aim of the study is to examine the protection of whistleblowing in private sectors and especially highlight the problem with a weak protection in private organizations that are publicly funded. The Swedish law has no general regulation for the protection of whistle-blowers, which leads to a complex legal situation. It will additionally be new regulations introduced in this area, which might lead to further complexity. The second purpose of the study is therefore to analyse the new regulations and identify some possible consequences of the legislation. A legal dogmatic method is used in the essay with the purpose of investigating the current legislation. The study shows that employees in private sectors have a relatively expansive right to criticize their employer and the conditions at workplaces. The judgement depends on how the employee chooses to express their criticism and therefore there are several factors that must be taking into account. The new regulations will hopefully reduce the risk of reprisals related to whistleblowing. On the other hand there are some identified weaknesses in the legislation that might imply that the intention of the law not would be fulfilled. Therefore the question still stands if the whistle-blower’s situation in the private sector will be improved by the new regulations.
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Démoulain, Matthieu. "Nouvelles technologies et droit des relations de travail : essai sur une évolution des relations de travail." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020037.

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De Kheops à Internet, des nanotechnologies à la téléportation, les nouvelles technologies rythment la vie des hommes. Fruits de leur intelligence, outils de grands travaux, moteurs de diffusion des savoirs, elles sont cause et effet des progrès de l’humanité. Innervant les relations de travail subordonnées comme tous les compartiments de la société, elles retiennent l’attention du juriste tant elles sont susceptibles de remodeler l’organisation de l’entreprise, de provoquer l’exclusion de la communauté de travail (au moins autant que de rapprocher ceux qui la composent), de provoquer l’entremêlement des vies personnelle et professionnelle. Nul compartiment du droit des relations de travail n’échappe à la pression des nouvelles technologies : au recrutement des salariés elles peuvent donner un nouveau visage ; à la conclusion du contrat de travail elles peuvent offrir instantanéité et dématérialisation ; au temps de son exécution elles imposent normes de sécurité (pour que, de chacun, le corps soit préservé) et normes de vie (pour que, de chacun, l’âme et l’esprit demeurent hors du champ de lecture de l’employeur). Et que dire du jeu de relations collectives remodelées à coup de communications syndicales dématérialisées, de vote électronique, de réunions virtuelles d’instance de représentation du personnel ? Le paysage se transforme. Le corpus normatif, parfois, peine à suivre. Le temps des diseurs de droit n’est pas celui de la science. Mais la science ne peut aller sans que le législateur et le juge, un jour, s’en saisissent. D’intérêts contradictoires où s’entremêlent impératif d’évolution (de l’entreprise) et de protection (du salarié), il leur appartient d’assurer la conciliation
Over the centuries, from Cheops to the Internet and from nanotechnology to teleportation, new technologies have constantly been at the centre of individuals’ lives. Produced by human intelligence, they appear to be a key to innovation, a tool for the dissemination of knowledge and they enable the progress and evolution of mankind. These new technologies obviously drew lawyers’ attention as they have a direct impact on society as a whole, but also more specifically on the relationship between employers and employees. Moreover, they tend to reshape the organisation of corporations and lead to the entanglement of professional and private life. As a matter of fact, labour law is under pressure: recruitment procedures can be altered by new technologies, the conclusion of employment contracts is nowadays electronic and instantaneous, and security and privacy rules have been established (not to mention electronic trade union communications, e-voting or e-meetings for staff representative bodies). In short, the whole framework is changing. Unfortunately, lawmakers are usually overtaken by events as science and law evolve at a very different pace. However, sooner or later, legal boundaries are set. Currently, courts’ main challenge is to try to make technological progress and protection of employees compatible
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Švandelíková, Klára. "Whistleblowing." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-350603.

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This thesis addresses the subject of whistleblowing. This is currently very topical in the Czech Republic, due to the recent Decree of the Government on measures regarding reporting of suspicious activities in civil service bodies as well as on-going legislative works. These works are aiming to create new law, which aspires to deal with whistleblowing in a more comprehensive manner. The thesis also addresses existing regulations that deal with whistleblowing. The constitutional system offers some rules on which you can base the lawfulness of whistleblowing. Individual regulations can be found in labour law, criminal law, administrative law or civil law. Legislation of protection of personal data and protection of journalistic sources are also relevant. There is still debate as to the exact definition of whistleblowing. In this thesis whistleblowing is defined as reporting harmful or unwanted conduct by internal or third parties, via a specific system of notification relevant to an entity's (in which the reporting occurs) scope. In all cases the informant should be protected from retaliatory measures. This thesis also addresses the history of experience with whistleblowing, in America up to the second half of the 18th century. Part of the thesis is also dedicated to international legislation...
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Bartošová, Tereza. "Whistleblowing." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-353332.

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in English The author's thesis deals with the topic of whistleblowing, which is currently very relevant, because two legislative proposals about the protection of whistleblowers have been submitted recently and also because of the adoption of Government Regulation No. 145/2015, which establishes treatment of notification for state employees. The thesis discusses and presents the views of many authors on the concept of whistleblowing, whistleblower, further it clarifies the division of internal and external whistleblowing and also divides the reporting of whistleblowing on public, confidential and anonymous. The work also presents the history of qui tam actions that are highly associated with the history of whistleblowing. The thesis presents selected aspects of foreign whistleblowing arrangements, namely in the United States of America, which has a long tradition of whistleblowing. The new law to protect whistleblowers, which is effective from 1st January 2015 in the Slovak Republic, is examined in the thesis as well. The author also points out the international obligations for the Czech Republic, which result from the membership in the international organizations and also from being in the European Union. The work provides an overview of the most important documents about whistleblowing in the...
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Jireček, Přemysl. "Whistleblowing - ochrana oznamovatelů." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-354032.

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The theme of this diploma thesis is the phenomenon of whistleblowing, which has recently become increasingly discussed. The thesis contains seven chapters, in which the author describes the issue of whistleblowing both in theoretical and practical level. Emphasis is placed on defining the concept of whistleblowing, its historical development and exploration of the roots of the first modern whistleblower legislation, which was adopted in 1978 in the United States. The thesis also shows some specifics of whistleblower legislation in countries with Anglo-Saxon legal culture. In the second half, the author deals with the international commitments of the Czech Republic in the area of whistleblowing. It is also mentioned relevant case law of the European Court of Human Rights. Big part of the thesis is devoted to describing the state of the current whistleblowing legislation in the Czech Republic, which is considered to be greatly insufficient. In conclusion, the author suggests de lege ferenda legislative recommendations for future whistleblowing legislation in the Czech Republic.
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Blahová, Luisa. "Whistleblowing v pracovněprávních vztazích v kontextu evropské úpravy." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-436182.

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Whistleblowing in labour relations in the context of the European regulation Abstract Whistleblowing has been a topic of discussion by professionals and the general public for many years. In October 2019, a European Directive on the protection of whistleblowers was adopted, which gave the Czech legislator a clear deadline for the adoption of legislation. At present, some whistleblowers are provided with partial and ineffective protection, and several unsuccessful legislative proposals have appeared in the past as well. There is a new proposal currently in the stage after being sent to the inter-ministerial comment procedure. This piece briefly introduces the concept of whistleblowing, the purpose and implications of this institute in the light of the international and European documents and case law. Within the theoretical basis of individual elements of whistleblower protection, a new Directive on whistleblower protection is further discussed in detail. Due to the minimalist regulation in several EU Member States, the Directive represents a very progressive regulation. The work also provides a detailed analysis of the Irish Protected Disclosures Act and some of its application problems. The Irish act provides protection to a wide range of people who report essentially any violation or misconduct. The act...
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Koblerová, Markéta. "Whistleblowing a pracovněprávní vztahy, vývoj právní úpravy v ČR." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-393005.

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In the submitted diploma thesis, the author deals with the topic of whistleblowing, in other words protected disclosure of wrongdoing, which is highly topical issue in the Czech Republic over the last decade. This issue gained attention with the first publicly known cases of Czech whistleblowers and also with several submitted legislative proposals for a complex legal regulation of the regime of protected disclosure in the Czech Republic. In the first part of the thesis, the author defines the concept of whistleblowing, in particular through several legal definitions from various authors. This part also deals with the development of the institute in the Anglo-Saxon countries as well as with its overlap into other sectors. Its related aspects are also discussed, namely the concept of labor-law relations and the duty of loyalty. On the whole, the first chapter should provide a more comprehensive view of the whistleblowing institute in order to draw the most important elements needed in the possible regulation of protected disclosure. The second chapter presents international commitments of the Czech Republic related to the regulation of this institute and consisting the most important documents adopted by European Union and other important international organizations, including some relevant case-law of the...
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Mihaliková, Zuzana. "Ochrana oznamovatelů škodlivých jednání." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-437747.

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This Master's thesis deals with the topic of the protection of whistleblowers, or persons reporting wrongdoing, as the term is often translated into Czech. The first part of the thesis deals with the approach to the issue, the history of whistleblowing, definitions of basic terms and concepts necessary for its further understanding, and general remarks, why it is necessary to protect the reporting persons. Furthermore, the thesis describes obligations arising in the field of protection of reporting persons under the international law and in particular, from the case law of the European Court of Human Rights, and further analyses the rules of the new EU Directive on the protection of persons who report breaches of Union law. The Directive was approved at the end of 2019. It represents a comprehensive set of principles and rules, whose purpose is to ensure a high level of protection for whistleblowers across all Member States, including the Czech Republic, through the introduction of common minimum standards. Like other EU Member States, the Czech Republic is obliged to transpose the Directive into the national law by 17 December 2021 at the latest. The final part of the thesis analyses the Czech legislation on the whistleblowing. This concerns both the current legislation, the sufficiency of which has been...
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Books on the topic "Protection of whistleblowing"

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Whistleblowers: Incentives, disincentives, and protection strategies. Hoboken, N.J: Wiley, 2012.

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), State-City Commission on Integrity in Government (N Y. State-City Commission on Integrity in Government, report and recommendations on whistleblowing protection in New York. New York, N.Y: The Commission, 1986.

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P, Grad Frank, ed. Staff report on whistleblowing protection in New York State. [New York, N.Y.?: The Commission, 1986.

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Lipman, Frederick D. Whistleblowers: Incentives, Disincentives, and Protection Strategies. Wiley & Sons, Incorporated, John, 2011.

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Lipman, Frederick D. Whistleblowers: Incentives, Disincentives, and Protection Strategies. Wiley & Sons, Incorporated, John, 2011.

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Whistleblowing By Federal Employees: Barriers and Protections. Nova Science Pub Inc, 2014.

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Smith, Ian, Aaron Baker, and Owen Warnock. Smith & Wood's Employment Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824893.001.0001.

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Smith & Wood’s Employment Law draws on the extensive teaching and practical experience of its authors to provide students with a clear explanation of essential legislation and case detail while also offering incisive academic commentary and critical detail to help with essay preparation and class work. Throughout the book, topics are carefully explained in their social and historical context, providing readers with an insight into the fast-paced development of employment law and offering perceptive analysis of its future direction. This fourteenth edition has been produced against the background of the 2015 and 2017 elections and of course with the largest elephant in the room of the result of the referendum on membership of the EU. The meaning of the latter remains a matter of almost complete uncertainty even t the time of writing two years later, and indeed is likely to remain so for much of the currency of this edition, but where appropriate it contains speculation as to possible effects. At the opposite end of the spectrum, this edition also contains the up-to-date case law on detailed employment law developments such as ACAS early conciliation, whistleblowing, discrimination law across all the forms of protected characteristics, and the whole question of the effect of modern phenomena such as social media use on traditional areas of employment law. On the collective level, this edition includes a consideration of the impact of the Trade Union Act 2016 on the calling of industrial action, picketing and time off for union activites and the latest decisions of the European Court of Human Rights, the EFTA Court and the UK courts on the impact of human rights law and of EU economic freedoms on collective labour law, in particular in relation to union recognition for bargaining and in relation to the banning of industrial action. It also considers whether the 2018 amendments to the Posted Workers Directive have any impact on the legality of any industrial action which affects the EU freedom to provide services across the boundaries of member states. More generally, it examines the extent to which workers and unions have legal protection for collective action relating to members of the gig economy Finally, the changes to the style and layout of the book adopted in the last edition have been maintained, in order to aid accessibility for the reader, given the ever-increasing complexity of the law itself here.
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Book chapters on the topic "Protection of whistleblowing"

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Chokprajakchat, Srisombat. "Whistleblowing in Thailand: Anti-Corruption Policy in Thailand and a Whistleblower Protection Measure." In Whistleblowing in the World, 37–58. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-48481-5_4.

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Noor Alam, Hazlina Shaik, and Rasyikah Khalid. "Whistleblowing for better environmental protection in Malaysian society." In The Role of Law in Governing Sustainability, 237–48. Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781003158837-19.

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Djokic, Aleksandra. "Whistleblowing – Whistleblower Policies, Whistleblower Protection Policies and their Manifestation in the United Nations Secretariat." In Korruptionsbekämpfung als globale Herausforderung, 165–73. Wiesbaden: VS Verlag für Sozialwissenschaften, 2011. http://dx.doi.org/10.1007/978-3-531-93305-4_10.

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Wojciechowska-Nowak, Anna. "Building Legal Protection to Whistleblowers in Poland 1." In Whistleblowing, 181–90. Routledge, 2017. http://dx.doi.org/10.4324/9781351297929-17.

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Miethe, Terance D. "The Legal Protection of Whistleblowers." In Whistleblowing at Work, 91–148. Routledge, 2019. http://dx.doi.org/10.4324/9780429267512-6.

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"Language, culture and raising awareness to encourage whistleblowing in the public sector." In Committing to Effective Whistleblower Protection, 93–102. OECD, 2016. http://dx.doi.org/10.1787/9789264252639-7-en.

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Hobby, Catherine. "Worker and Organisational Protection: The Future of Whistleblowing in the Gig Economy." In Conflict and Shifting Boundaries in the Gig Economy: An Interdisciplinary Analysis, 107–27. Emerald Publishing Limited, 2020. http://dx.doi.org/10.1108/978-1-83867-603-220201009.

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Stanger, Allison. "Edward Snowden, Donald Trump, and the Paradox of National Security Whistleblowing." In National Security, Leaks and Freedom of the Press, 215–29. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197519387.003.0014.

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Whistleblowers keep elites honest and the rule of law sustainable. They take realities that the powerful view as natural or inescapable and show that they are intolerable. They help close the gap between American ideals and reality. Yet current law treats Intelligence Community whistleblowers differently from how it treats whistleblowers from other government agencies. The law either provides no protection against retaliation or excludes members of the Intelligence Community altogether. The current workaround is leaking to the press. To stem the tide of illicit leaks, Congress must address legal ambiguities that have made the use of the Intelligence Community inspector general system risky for whistleblowers. This essay examines the origins and trajectory of national security whistleblower protection in the United States to shed light on formidable obstacles that Intelligence Community whistleblowers face and argues that our laws need to be updated so we can insist on official channels and so whistleblowers can follow the law in reporting injustice.
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Jaffer, Jameel. "What We Owe Whistleblowers." In National Security, Leaks and Freedom of the Press, 140–55. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197519387.003.0009.

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The legal, political, and technological developments of the past twenty years have rendered us more reliant on whistleblowers even as the developments have made whistleblowing more difficult and more hazardous. To promote informed public debate about national security and to preserve the connection between democratic consent and government policy in this sphere, we should extend legal protection, in some circumstances, to government insiders who responsibly disclose official secrets without authorization. Affording leakers a “public value” defense against prosecution would have benefits beyond those usually cited. It would, among other things, reduce the disincentive to socially beneficial leaks, lend legitimacy to Espionage Act prosecutions, more closely align our legal regime with widely shared intuitions about moral responsibility, and restore the courts to an appropriately central role in protecting the public’s access to an essential channel of information.
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Taylor, Stephen, and Astra Emir. "22. Privacy and confidentiality." In Employment Law, 384–405. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806752.003.0022.

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This chapter discusses the law on privacy and confidentiality in the workplace. It looks at the four statutes which relate directly to issues of workplace confidentiality: the GDPR/Data Protection Act 2018, the Public Interest Disclosure Act 1998 (which deals with whistleblowing), the Regulation of Investigatory Powers Act 2000, and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. It also considers two other areas of law which are influences in this area: the law on job references and the law on restricting the activities of former employees. Also discussed is the impact of the Human Rights Act in this area.
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Conference papers on the topic "Protection of whistleblowing"

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Dewi, Nyoman Ayu Wulan Trisna, Edy Sujana, and I. Gd Nandra Hary Wiguna. "The Effect of Identity Protection and Financial Reward on Whistleblowing Intention in Public Sector Organization: Experimental Study." In 5th International Conference on Tourism, Economics, Accounting, Management and Social Science (TEAMS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/aebmr.k.201212.006.

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Khanifah, Khanifah, Atieq Amjadallah Alfie, and Maeni. "The Intention of Whistleblowing: The Effect of Professional Commitments, Organizational Commitments, Legal Protection, Reward, Level of Religiousity, and Moral Intensity of Internal Auditor(Case Study at Primary Tax Office in Semarang)." In Proceedings of the 3rd Annual International Seminar and Conference on Global Issues (ISCoGI 2017). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/iscogi-17.2019.39.

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