See local law.
Compensation comprised between 18 and 26 weeks' salary for employees. If the victim is not an employee, the compensation is set at the actual damage suffered (the burden of proof lies with the employee).
Employees who have reported violations in the area of financial services, products, and markets, and who have suffered retaliation measures as a result, can, through a specific procedure, request to be reinstated.
These compensations cannot be cumulated with the damage indemnity due for blatantly unreasonable dismissal within the meaning of national CBA no. 109.
The president of the labour court may also take preventive corrective measures against acts of retaliation committed against employees (summary proceedings), if necessary.
Retaliation is finally punishable either by prison sentence from six months up to three years, or by a fine from (e) 600 to 6,000.
Compensation.
Compensation (up to one year's salary)
Alternatively, re-employment (where the employee was terminated).
The reporting person can apply for interim protection and they can use the legal remedies prescribed by law and demand compensation for damages. However, obtaining interim protection, use of legal remedies and compensation for damage are not provided for separately in the new legislation.
There are criminal sanctions in place against the perpetrator of retaliation against the reporting person, which depending on the perpetrator can be up to EUR 1,200 for natural persons and EUR 100,000 for legal persons.
Many retaliatory actions (e.g. dismissal, exclusion from bonus etc.) can be annulled by labour courts. An employee may in particular seek an urgent order for reinstatement from the labour court.
Remedial measures against retaliation extend to non workers (e.g. by prohibiting blacklisting at sector or industry level).
Whistleblowers expressly benefit from a protection against moral and sexual harassment.
The implementing law further provides for criminal sanctions against the perpetrator of retaliation against a whistleblower, including imprisonment of 3 years and a fine of 45 000 euros.
Administrative penalties of up to EUR 50,000 and compensation for damages.
The employment supervisory authority may apply the following sanctions if it finds that the law has been infringed: prohibition of further employment, warning, confiscation. Fines and disqualification from engaging in an activity may not be applied.
A worker can make a claim to the Workplace Relations Commission and compensation of up to 260 weeks’ pay may be ordered by the Workplace Relations Commission where a worker has been penalised for making a protected disclosure.
If the worker is not yet in receipt of remuneration by virtue of their position, e.g., they are a job applicant or volunteer, the Workplace Relations Commission can award maximum compensation of €15,000.
A worker can also take an action in tort against a person who causes them detriment because they have made a protected disclosure. Such an action would be taken before the Courts. However, if an action is tort is taken, that precludes the worker from also pursuing a claim to the Workplace Relations Commission for redress.
All retaliatory measures adopted against the whistleblower are null and void and the latter is entitled to compensation for damages.
In case of dismissal, the reporting person is entitled to the reinstatement in the workplace and to a compensation for damages, for the period from the date of the dismissal to the date of the reinstatement in the workplace, in any case not less than 5 months salary.
The current Dutch Whistbleblowing Act mentions that retaliatory measures adopted against the whistleblower are null and void (Article 17h). The exact legislation relating to retaliation en enforcement, has not been published and entered into force.
i) Compensation (amount not less than min. Monthly salary) I.e. in 2023 it will be:
a) from January to June, min. PLN 3 490 (approx. EUR 746));
b) from July to December: PLN 3 600 (aaprox. EUR 770).
ii) Fine
iii) Restriction of liberty
iv) Imprisonment for up to 3 years.
Where the reporting person is not employed a unilateral decision to terminate the legal relationship due to whistleblowing is ineffective.
In the light of the newly amended Whistleblowing Act, the employer or other entity is required to seek permission from the Whistleblower Protection Office prior to taking any legal action that could be related to whistleblowing and would be perceived as retaliation.
Legal action taken without prior consent of the Whistleblower Protection Office is ineffective.
The whistleblower is also protected by law against possible sanctions by the employer or other entity, such as:
Since the adoption of the newly adopted Whistleblowing Act, there is an effective legal possibility to impose a financial penalty of EUR 6,000 for the practices of an employer or other entity that penalizes a whistleblower, up to a fine of EUR 12,000 in case of repeated actions.
Higher fines will be imposed for employment-related acts carried out without the prior consent of the Whistleblower Protection Office, up to a maximum of EUR 100,000.
During the investigation procedure and up to two years after the end of the investigation procedure (may be extended by the competent authority), conduct that can be qualified as retaliation is expressly prohibited and declared null and void. Retaliation includes:
a) Suspension of the employment contract, dismissal or termination of the employment or statutory relationship, including the non-renewal or early termination of a temporary employment contract once the probationary period has expired, or early termination or cancellation of contracts for goods or services, imposition of any disciplinary measure, demotion or denial of promotions and any other substantial modification of working conditions and the failure to convert a temporary employment contract into an indefinite one, in the event that the employee had legitimate expectations that he/she would be offered an indefinite job; unless these measures were carried out as part of the regular exercise of management power under labor legislation or the corresponding public employee statute, due to circumstances, facts or accredited infractions, and unrelated to the presentation of the communication.
b) Damages, including those of a reputational nature or economic losses, coercion, intimidation, harassment, or ostracism.
c) Negative evaluation or references regarding work or professional performance.
d) Inclusion in blacklists or dissemination of information in a specific sector, which hinder or prevent sector, which hinder or impede access to employment or the contracting of works or services. services.
e) Denial or cancellation of a license or permit.
f) Denial of training.
g) Discrimination, or unfavorable or unfair treatment.
Compensation/damages. For termination or summary dismissal this is up to 16-32 months' salary.
Where the retaliation is dismissal of an employee, the employee may claim reinstatement, re-engagement or compensation. Where the retaliation is some other detrimental action, the worker may claim compensation for financial and non-financial losses suffered as a result of the retaliatory action.
