As mentioned earlier, certain criminal offenses that may be relevant to whistleblowers typically do not fall within the scope of the HSchG. Because of this, whistleblowers are not protected by the HSchG in such cases, making internal reporting both risky and unattractive for them.
This poses a significant risk to companies if the whistleblower decides to bypass internal channels and instead submit an anonymous report to law enforcement. These reports often lead to lengthy investigations with uncertain outcomes, potentially causing serious reputational harm.
To mitigate these risks, it is advisable in certain circumstances to seek legal expertise regarding whistleblowing and proactively close any gaps by expanding internal reporting channels. This expansion should cover criminal offenses and other legal matters relevant to the company, encouraging employees to report internally.
However, several legal requirements must be carefully followed, particularly in relation to data protection and labor laws. When properly implemented, internal bodies can extend HSchG protection to whistleblowers, even in cases where the law doesn’t mandate it, such as in instances of suspected fraud.
Additionally, during the review of tips, it is important to consider not only the HSchG but also the relevant criminal and administrative law provisions. Expert legal advice should be sought for an initial assessment, especially if this expertise is not available within the company.
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