GENERAL REGIME FOR THE PROTECTION OF WHISTLEBLOWERS
Law No. 93/2021, of 20-12, establishes the general regime for the protection of Whistleblowers, transposing Directive (EU) 2019/1937 of the European Parliament and of the Council, of 23 October 2019 (Whistleblower Directive), on the protection of persons who report violations of European Union (EU) law.
The law introduces a general regime for the protection of whistleblowers that expose acts or omissions contrary to rules contained in various European Union acts, national rules that execute, transpose or comply with certain acts or other rules contained in legislative acts of execution or transposition. of the same, including those involving crimes or administrative offences, as well as acts or omissions contrary to and harmful to the financial interests of the European Union, contrary to the rules of the internal market, violent crime, especially violent and highly organized crime or organized and economic crime.
Due to its implications in labour matters, the obligation to create internal channels of complaint in organizations justifies special emphasis. Legal persons, including the State and other legal persons governed by public law, that employ 50 or more workers and, irrespective of that, entities that are included in the scope of application of the European Union acts referred to in part IB and II of the annex to the Directive (EU) 2019/1937 of the European Parliament and of the Council, must have internal reporting channels, complying with procedures and deadlines defined by law.
Failure to comply with the duties provided for by law subjects the agents and companies concerned to civil and administrative offences, without prejudice to other possible consequences applicable to the specific case.
The law enters into force on June 28, 2022.
