Zákon o ochrane oznamovateľov protispoločenskej činnosti a o zmene a doplnení niektorých zákonov
54/2019 Coll.
The version of the Act effective as of 01/09/2023
on the Protection of Whistleblowers and on Amendments to Certain Acts
The National Council of the Slovak Republic has passed this Act:
(a) the conditions for granting protection to persons in an employment relationship or another equivalent relationship in connection with whistleblowing with regard to crime or any other misconduct harmful to the society1)(hereinafter referred to as the “misconduct harmful to the society”),
(b) the rights and obligations of persons in connection with whistleblowing and
(c) the establishment, status and remit of the Whistleblower Protection Office(hereinafter referred to as “the WPO”).
(2) This Act is without prejudice to the obligation to report any criminal offence or to thwart any criminal offence.
(3) Whistleblowing shall not be considered a breach of the contractual non-disclosure obligation or a breach of the non-disclosure obligation pursuant to specific statutory provisions2), if it is an obligation arising from the exercise of an occupation, profession, position or function, and unless it is a non-disclosure obligation in connection with the protection of classified information, postal secrecy, banking secrecy, telecommunications secrecy or tax secrecy, the protection of confidential statistical data, unless it is a non-disclosure obligation in connection with the provision and disclosure of medical records, a non-disclosure obligation of members of the intelligence services, or a non-disclosure obligation in the provision of legal services.
(4) No person shall threaten to retaliate or actually retaliate against a whistleblower or
(a) a close person of the whistleblower,
(b) a natural person – entrepreneur or a legal person which the whistleblower controls, in which the whistleblower has an interest, in which the whistleblower holds an office as a member of a body of the legal person, or for which the whistleblower performs an employment activity,
(c) a natural person – entrepreneur or a legal person which controls the legal person in which the whistleblower has an interest or in which the whistleblower holds an office as a member of a body of the legal person,
(d) a person who provided assistance to the whistleblower in relation to the whistleblower report; and
(e) the person responsible or a person involved in the performance of the tasks of the person responsible.
(5) A whistleblower and the person referred to in paragraph(4)(a) to(e) may not waive their right to protection from retaliation.
For the purposes of this Act, the following terms shall have the following meanings:
(a) whistleblower means a natural person who, in good faith, makes a whistleblowing report to an authority competent to receive whistleblowing reports or to the employer; a whistleblower shall also include a natural person who, in good faith,
1. makes a whistleblowing report and their employment relationship or another equivalent relationship has been terminated, if such person has become aware of information about the misconduct harmful to the society during such employment relationship or another equivalent relationship,
2. makes a whistleblowing report and their employment or other equivalent relationship has not yet come into existence, if such person has become aware of information about the misconduct harmful to the society during the selection procedure or in the context of pre-contractual relations,
3. made a whistleblowing report anonymously and their identity was revealed,
4. has disclosed information about the misconduct harmful to the society, which has come to their knowledge during the selection procedure or in the context of pre-contractual relations, and such person’s employment relationship or another equivalent relationship has not yet come into existence, or during the employment relationship or another equivalent relationship or after the termination of the employment relationship or another equivalent relationship on the grounds that
4a. such person has made a whistleblowing report via the internal system for the investigation of whistleblowing reports and has not been notified of the outcome of the investigation pursuant to § 10(8), or no appropriate measures have been taken pursuant to § 10(8), and has subsequently made such whistleblowing report to an authority competent to receive whistleblowing reports and has not been notified of the status of the investigation or the outcome of the investigation in due course,
4b. has made a whistleblowing report to an authority competent to receive whistleblowing reports and has not been notified of the status of the investigation or the outcome of the investigation in due course,
4c. there is a reasonable concern that the misconduct harmful to the society may constitute an imminent or obvious threat to the public interest, or
4d. there is a reasonable concern that such person would be subject to a retaliation if they made the whistleblowing report to an authority competent to receive whistleblowing reports or, in the specific circumstances of the case, there is a threat that the authorities competent to receive whistleblowing reports would fail to ensure an impartial and independent investigation of the facts set out in the whistleblowing report,
(b) whistleblowing report means the reporting of facts of which the natural person has become aware in connection with their employment relationship or another equivalent relationship and which relate to misconduct harmful to the society,
(c) qualified whistleblowing report means a whistleblowing report which may contribute or has contributed to the clarification of serious misconduct harmful to the society or to the detection or conviction of its perpetrator,
(d) serious misconduct harmful to the society means
1. criminal offences pursuant to § 168, § 170, § 170b, § 177, § 212, § 213, § 217, § 221, § 226, § 233a, § 237 až 240, § 243, § 243a, § 247, § 247d, § 251a, § 252 až 254, § 261 až 263, § 266 až 268, § 271, § 278a, § 283, § 299a, § 302, § 305, § 326 až 327a, § 328 až 336b, § 336d, § 348, § 352a or § 374 of the Criminal Code,
2. a criminal offence, for which the Criminal Code provides for imprisonment with a maximum penalty exceeding two years,
3. an administrative offence, for which a fine may be imposed with an upper limit determined by a calculation, or
4. an administrative offence, for which a fine with an upper limit of at least €30,000 may be imposed,
(e) employment relationship means an employment relationship, agreements for work performed outside the employment relationship, civil servant relationship or service relationship,
(f) other equivalent relationship means in particular the exercise of rights related to participation, administration or management in a legal person, the activity of a person holding the office of a member of a body of a legal person, the activity of a self-employed person, the exercise of rights and obligations under a contract for the delivery of goods, the performance of construction works or the provision of services, professional practice, graduate practice, activation activity, volunteer activity,
(g) authority competent to receive whistleblowing reports means the WPO, the prosecution service or an administrative authority competent to conduct proceedings concerning an administrative offence constituting serious misconduct harmful to the society pursuant to § 2(d)(3) and § 4 or a competent institution, body, office or agency of the European Union,
(h) person concerned means a natural person or legal person against whom the whistleblowing report is directed,
(i) employer means a person who employs at least one natural person in an employment relationship,
1. a state authority, municipality, self-governing region,
2. a legal person established by law and a legal person established by the state, a municipality or a self-governing region pursuant to a specific statutory provision3),
3. a legal person with the ownership interest of a person referred to in the first clause or in the second clause,
4. a legal person, in which the law vests the power to decide on rights and obligations in the public administration,
(k) acting in good faith means acting of a natural person who, in the light of the circumstances known to them and the knowledge they have at the time of making the whistleblowing report, has reasonable grounds to believe that the facts stated are true; in cases of doubt, the acting shall be deemed to have been done in good faith until the contrary is proved,
(l) retaliation is an act or omission in connection with a whistleblower’s employment or other equivalent relationship, triggered by the whistleblowing report or the disclosure of information about misconduct harmful to the society, and which has caused or is likely to cause unjustified harm to the whistleblower or a person referred to in § 1(4(a) to(e); retaliation pursuant to the preceding sentence includes, without limitation,
1. dismissal or immediate termination of employment,
2. termination during the probationary period or non-prolongation of employment for an indefinite period,
3. removal from office, demotion or withholding of promotion,
4. a change in job duties, change of location of place of work, change in working hours,
5. reduction in wages, non-award of a bonus or personal allowance,
8. coercion, intimidation or harassment,
10. cancellation of a contract for goods and services,
11. cancellation of a licence or permit.
Granting of Protection in Criminal Proceedings
(1) A request for protection in making the whistleblowing report concerning serious misconduct harmful to the society that constitutes a criminal offence may be made by the whistleblower simultaneously with making the whistleblowing report or during criminal proceedings; the request shall be made to the prosecutor in writing or orally on the record. If the whistleblower protection request is made to another public authority, the latter shall forward it without delay to the prosecutor.
(2) The whistleblower protection request pursuant to paragraph(1) shall include the name, surname, date of birth and residence of the whistleblower making the request, the whistleblower’s place of work and the name of the whistleblower’s employer; the request shall also include details of a close person if the close person is in an employment relationship with the same employer as the whistleblower or is in an employment relationship with an employer who is a dependent in relation to the whistleblower’s employer and the whistleblower also requests protection for that close person.
(1) If the prosecutor finds that a whistleblower, who has filed the whistleblower protection request pursuant to § 3(1), has made a qualified whistleblowing report, the prosecutor shall promptly grant protection to the whistleblower pursuant to § 7 and shall notify the whistleblower, the employer and the WPO thereof in writing; the whistleblower shall receive, together with such notification, a legal notice of the rights and obligations arising from the whistleblower’s status as a protected whistleblower. Upon delivery of the notice of protection to the employer, the whistleblower becomes a protected whistleblower.
(2) The whistleblower may, instead of requesting protection pursuant to § 7, request the prosecutor to issue a written acknowledgement that the whistleblower has made a qualified whistleblowing report. If the prosecutor finds that the whistleblower has made a qualified whistleblowing report, the prosecutor shall promptly issue the whistleblower with an acknowledgement to that effect, together with a legal notice of the rights and obligations arising to the whistleblower from the making of the qualified whistleblowing report.
(3) If the prosecutor finds that the whistleblower, who has filed the whistleblower protection request pursuant to § 3(1), has not made a qualified whistleblowing report, the prosecutor shall immediately notify the whistleblower and the WPO thereof in writing, stating the reasons for not granting protection and including a legal notice of the possibility of reviewing the failure to grant protection pursuant to paragraph(4).
(4) A whistleblower who has not been granted protection pursuant to paragraph(3) may, within 15 days of receipt of the notification pursuant to paragraph(3), request the superior prosecutor, either themselves or through the WPO, to review the reasons for not having granted protection pursuant to paragraph(3). The superior prosecutor shall, within 15 days of receipt of the request, decide on the granting of protection pursuant to § 7 and shall notify the whistleblower, the employer, and the WPO thereof in writing, or shall notify the whistleblower or the WPO within that period that the whistleblower has failed to make a qualified whistleblowing report.
Granting of Protection in Administrative Offence Proceedings
(1) A request for protection in making a whistleblowing report concerning serious misconduct harmful to the society that constitutes an administrative offence may be made by the whistleblower simultaneously with making the whistleblowing report or during the administrative offence proceedings; the whistleblower protection request shall be made in writing or orally on the record to the authority competent to conduct the administrative offence proceedings(hereinafter referred to as the “administrative authority”). If the whistleblower protection request is made to another public authority, the latter shall forward it without delay to the authority competent pursuant to the first sentence.
(2) The whistleblower protection request pursuant to paragraph(1) shall include the name, surname, date of birth and residence of the whistleblower making the request, the whistleblower’s place of work and the name of the whistleblower’s employer; the request shall also include details of a close person if the close person is in an employment relationship with the same employer as the whistleblower or is in an employment relationship with an employer who is a dependent in relation to the whistleblower’s employer and the whistleblower also requests protection for that close person.
(1) If the administrative authority finds that a whistleblower, who has filed the whistleblower protection request pursuant to § 5(1), has made a qualified whistleblowing report, the administrative authority shall promptly grant protection to the whistleblower pursuant to § 7 and shall notify the whistleblower, the employer and the WPO thereof in writing; the whistleblower shall receive, together with the notification, a legal notice of the rights and obligations arising from the whistleblower’s status as a protected whistleblower. Upon delivery of such notification to the employer, the whistleblower becomes a protected whistleblower.
(2) The whistleblower may, instead of requesting protection pursuant to § 7, request the administrative authority to issue a written acknowledgment that the whistleblower has made a qualified whistleblowing report. If the administrative authority finds that the whistleblower has made a qualified whistleblowing report, the administrative authority shall promptly issue the whistleblower with an acknowledgement to that effect, together with a legal notice of the rights and obligations arising to the whistleblower from the making of the qualified whistleblowing report.
(3) If the administrative authority finds that a whistleblower, who has filed the whistleblower protection request pursuant to § 5(1), has not made a qualified whistleblowing report, the administrative authority shall immediately notify the whistleblower and the WPO thereof in writing, stating the reasons for not granting protection and including a legal notice of the possibility of reviewing the failure to grant protection pursuant to paragraph(4).
(4) A whistleblower who has not been granted protection pursuant to paragraph(3) may, within 15 days of receipt of the notification pursuant to paragraph(3), request the superior administrative authority, either themselves or through the WPO, to review the reasons for not having granted protection pursuant to paragraph(3). The superior administrative authority shall, within 15 days of receipt of the request, decide on the granting of protection pursuant to § 7 and shall notify the whistleblower, the employer, and the WPO thereof in writing, or shall notify the whistleblower or the WPO within that period that the whistleblower has failed to make a qualified whistleblowing report.
(5) If, in criminal proceedings, a case is passed on or referred to another authority for administrative offence proceedings after the whistleblower protection request has been made, the administrative authority shall consider granting protection even without making a further whistleblower protection request.
Whistleblower Protection in Reporting Serious Misconduct Harmful to the Society
(1) An employer may execute a legal act or issue a decision in an employment relationship(hereinafter referred to as an “employment-related measure”) against a protected whistleblower, to which the whistleblower has not given their consent, only with the WPO’s consent; the WPO’s consent is required in respect of a protected whistleblower who is a professional soldier only if a specific statutory provision4) so provides. The WPO’s consent shall not be required where the employment-related measure awards a claim or if the employment-related measure relates to a termination of an employment relationship which is the result of a legal fact that is not within the employer’s discretion.5)
(2) The employer shall submit the request for consent to the WPO. The request for consent shall include
(b) the name, surname, date of birth and residence of the protected whistleblower,
(c) identification of the employment-related measure for which the WPO’s consent is sought,
(d) justification of the need to take the employment-related measure.
(3) The WPO shall, before making a decision on the request for consent, allow the protected whistleblower a reasonable time to give their opinion on the proposed employment-related measure.
(4) In simple matters, in particular where a decision can only be made on the basis of the employer’s request and the protected whistleblower’s opinion, the WPO shall decide on the request for consent without delay. In other matters, the WPO shall decide within 30 days of receipt of the request for consent.
(5) The WPO shall grant its consent to an employer’s proposed employment-related measure with respect to a protected whistleblower only if the employer demonstrates that the proposed employment-related measure has no causal connection to the qualified whistleblowing report, otherwise the WPO shall deny the request for consent.
(6) The WPO’s decision on a request for consent may not be appealed.
(7) The time limits and probationary periods pursuant to specific statutory provisions6) shall not lapse from the time an employer’s request for consent is made to the WPO until a final decision on the employer’s request for consent is made,
(8) An employment-related measure to which the WPO has not given its consent shall be null and void.
Termination of Whistleblower Protection
(1) The whistleblower protection granted pursuant to § 7 shall cease to exist
(a) on receipt by the WPO of the protected whistleblower’s written notice of waiver of the protection,
(b) on termination or cessation of the protected whistleblower’s employment relationship,
(c) on the lapse of three years from the termination of the criminal proceedings or administrative offence proceedings; however, the protection shall not cease to exist if the criminal proceedings are terminated by the referral of the case to another authority,
(d) on conviction of the protected whistleblower of the criminal offence of false accusation or the criminal offence of perjury in connection with making a qualified whistleblowing report; or
(e) on receipt by the employer of a written notice from the authority that provided the protection, if it is proven that the qualified whistleblowing report is not an act in good faith.
(2) The WPO shall give prompt written notice to the employer and the authority that granted the protection of the cessation of the protection pursuant to paragraph(1)(a).
(3) The employer shall give written notice to the WPO and the authority that granted the protection of the cessation of the protection pursuant to paragraph(1)(b).
(4) The authority that granted the protection shall give prompt written notice to the WPO, the employer and the protected whistleblower of the cessation of the protection pursuant to paragraph(1)(c) or(d).
(5) The authority that granted the protection shall give prompt written notice to the WPO and the protected whistleblower of the cessation of the protection pursuant to paragraph(1)(e).
(1) The WPO may award a reward of up to 50 times the minimum wage to a whistleblower who has made a qualified whistleblowing report based on the whistleblower’s request for a reward if
2. a petition was filed to approve the plea agreement,
3. a conciliation has been approved and the prosecution has been discontinued; or
4. the prosecution has been conditionally discontinued, or
(b) a decision on the commission of an administrative offence has become final in administrative proceedings.
(2) The authority which has issued a written notice to the whistleblower pursuant to § 4(1) or § 6(1) or written acknowledgment pursuant to § 4(2) or § 6(2), shall notify the whistleblower of the filing of the indictment, the approval of the plea agreement, the approval of the conciliation and the discontinuance of prosecution, the conditional discontinuance of prosecution or the entry into force of the decision referred to in paragraph 1(b).
(3) The whistleblower may make a reward request to the WPO within six months of the date of service of the notice pursuant to paragraph(2) or, if no such notice has been served, of the date on which the fact pursuant to paragraph(1) occurred. Reward requests submitted after this deadline shall not be considered.
(4) A reward request shall include the name, surname, date of birth and residence of the whistleblower and the reasons for the reward request; the whistleblower shall attach a copy of the notice referred to in paragraph(2) to the reward request.
(5) In deciding on a reward request, the WPO shall take into account, in particular, the degree of a whistleblower’s merit in the clarification of the serious misconduct harmful to the society, the identification of its perpetrator, the whistleblower’s lost earnings and the extent of the property saved or recovered, if quantifiable; for this purpose, the WPO shall request the opinion of the prosecutor or the administrative authority that acted in the case.
(6) The WPO shall decide on the reward request within three months from the date of receipt of the reward request.
(7) There is no legal entitlement to a whistleblower reward. Judicial review of the WPO’s reward decision is precluded.
(8) The provisions of paragraphs 1 to 7 shall not apply to a close person of the whistleblower.
(9) The provisions of this section shall also apply to a whistleblower in another equivalent relationship who has made a qualified whistleblowing report and has filed a reward request.
Internal System for the Investigation of Whistleblowing Reports
(1) An employer that employs at least 50 employees, an employer that provides financial services, transport safety services or environmental services, and an employer that is a public authority that employs at least five employees, shall designate an organisational unit or a person within their organisation to carry out the employer functions pursuant to paragraphs(5) to(8) and § 11(1)(hereinafter referred to as the “person responsible”). The person responsible must have the professional qualifications to carry out the tasks under this Act. The chief inspector is the person responsible in a municipality and a self-governing region.
(2) Under a contract with the employer, a person other than an employee of the employer may also receive and acknowledge the receipt of whistleblowing reports. The person referred to in the first sentence may also investigate whistleblowing reports on behalf of an employer who is not a public authority and who employs fewer than 250 employees; this shall be without prejudice to the obligation pursuant to paragraph(1).
(3) An employer pursuant to paragraph(1) who is a public authority shall perform the task pursuant to paragraph(9) and, via the person responsible, shall perform the tasks pursuant to paragraphs(5) to(8) and § 11(1) also in relation to a budgetary organisation and a semi-budgetary organisation being within its founding competence, in relation to a state-owned enterprise of which it is the founder, in relation to a fund which is under its administration, and in relation to a joint-stock company with a 100 % state participation in which it exercises shareholder rights, if such legal entity employs fewer than 50 employees.
(4) The employer pursuant to paragraph(1) shall enable the person responsible to perform their tasks independently, provided that the person responsible shall be bound solely by the instructions of the employer’s statutory body or the parent company’s statutory body, unless the person responsible is directly the statutory body or a member of the statutory body. The person responsible may also perform roles and responsibilities other than those referred to in paragraphs(5) to(8) and § 11(1); the employer shall ensure that none of these other roles or responsibilities give rise to a conflict of interest. An employer pursuant to paragraph 1 may not retaliate against the person responsible for the performance of their tasks; if the person responsible is an organisational unit, the employer may not retaliate against the employees who are included in that unit. The employer pursuant to paragraph(1) shall provide the person responsible with the necessary assistance in the performance of their tasks; in particular, the employer shall provide the person responsible with sufficient means necessary for the performance of those tasks and with access to personal data and documents. The employer pursuant to paragraph(1) shall also ensure that the qualifications of the person responsible are maintained on an ongoing basis.
(5) The designation of the person responsible and the methods of making whistleblowing reports shall be published and accessible to all employees in a customary and commonly available manner, so that at least one method of making whistleblowing reports shall be accessible at all times. If a whistleblowing report can be made orally, the whistleblower may request a face-to-face meeting within a reasonable period of time. The employer pursuant to paragraph(1) shall disclose information on the procedures for making a whistleblowing report to the authority competent to receive whistleblowing reports, on the protection options pursuant to § 3, § 5 and § 12 and on the internal system for investigation of whistleblower reports in a concise, comprehensible, clearly worded and easily accessible form; it shall also facilitate the submission of whistleblowing reports.
(6) An employer pursuant to paragraph(1) shall acknowledge receipt of a whistleblowing report within seven days of receipt. A referral of a case for handling pursuant to the Code of Criminal Procedure or specific statutory provisions7) shall also be deemed an investigation of the whistleblowing report.
(7) An employer pursuant to paragraph(1) shall, when receiving, investigating and registering whistleblowing reports, observe the non-disclosure obligation with regard to the identity of the whistleblower and the identity of the person concerned; the disclosure of information about the identity of the whistleblower shall be subject to their written consent. The first sentence shall be without prejudice to the obligation to disclose information on the identity of the whistleblower and information on the identity of the person concerned for the purposes of criminal proceedings or administrative offence proceedings pursuant to specific statutory provisions.7)
(8) An employer pursuant to paragraph(1) shall investigate the whistleblowing report and notify the whistleblower of the outcome of the investigation of the whistleblowing report and the action, if any, taken as a result of the investigation of the whistleblowing report within 90 days of acknowledgement of receipt of the whistleblowing report, or, unless the receipt of the notification has been acknowledged, within 90 days of the expiry of the period of seven days after the receipt of the whistleblowing report. If the investigation of the whistleblowing report results in referring the matter to be handled pursuant to the Code of Criminal Procedure or specific statutory provisions, the employer pursuant to paragraph(1) shall inform the whistleblower in advance; this shall not apply if informing the whistleblower could frustrate the investigation of the whistleblowing report. The employer pursuant to paragraph(1) shall request the outcome of the investigation within the scope permitted by the specific statutory provision and notify the whistleblower of the outcome within ten days of receipt thereof.
(9) The employer pursuant to paragraph(1) shall issue an internal policy setting out details of
(a) submission of whistleblowing reports,
(b) investigation of whistleblowing reports and the powers of the person responsible in the investigation of whistleblowing reports,
(c) observation of the non-disclosure obligation in respect of the identity of the whistleblower and the identity of the person concerned,
(d) recording of whistleblowing reports pursuant to § 11(1),
(e) notification of the whistleblower of the outcome of the investigation of the whistleblower’s whistleblowing report,
(f) processing of the personal data included in the whistleblowing report,
(g) taking measures to remedy deficiencies identified in the investigation of whistleblowing reports and communication with the whistleblower about such measures,
(h) taking measures against hindering whistleblowing.
(10) The employer pursuant to paragraph(1) shall take action against an employee who hinders the making of a whistleblowing report or the keeping records of whistleblowing reports.
(11) The employer pursuant to paragraph(1) shall, when carrying out an inspection pursuant to § 13(6(b) and (c), submit to the WPO a report on the measures taken to remedy the deficiencies identified.
(1) The employer pursuant to § 10(1)(j) shall, for a period of three years from the date of receipt of the whistleblowing report, keep records of whistleblowing reports including details of
(a) the date of receipt of the whistleblowing report,
(b) the name, surname and residence of the whistleblower, unless the whistleblower is an anonymous whistleblower,
c) the subject of the whistleblowing report,
(d) the outcome of the investigation of the whistleblowing report,
(e) the date on which the investigation of the whistleblowing report is terminated.
(2) Taking into account the state of the art, the cost of implementing the measures and the purpose of the internal system for the investigation of whistleblowing reports, the employer pursuant to § 10(1) shall take appropriate technical and organisational measures to ensure and prove that the internal system for the investigation of whistleblowing reports is carried out in accordance with this Act.
Suspension of an Employment-Related Measure
(1) If the whistleblower believes that an employment-related measure has been taken against them in connection with the whistleblowing report, with which the whistleblower disagrees, the whistleblower may apply to the WPO, within 15 days of the date on which the whistleblower became aware of the employment-related measure, to suspend such employment-related measure.
(2) The WPO shall suspend the employment-related measure pursuant to paragraph(1) without delay if the time limit pursuant to paragraph(1) has been complied with and the employer fails to prove within a reasonable period specified by the WPO that the employment-related measure is not causally related to the whistleblowing report. The WPO shall issue an acknowledgment of suspension of the employment-related measure and deliver it to the employer and the whistleblower.
(3) The acknowledgment referred to in paragraph(2) shall state the name, surname, date of birth and residence of the whistleblower, the name of the employer and the employment-related measure subject to suspension. Unless the WPO complies with the request referred to in paragraph(1), it shall notify the whistleblower in writing of the reasons for not suspending the employment-related measure.
(4) Suspension of the employment-related measure shall commence on the date of receipt of the acknowledgment referred to in paragraph(2) by the whistleblower. The suspension shall delay the enforceability of the decision which is an employment-related measure.
(5) Upon receipt of the acknowledgment referred to in paragraph 2, the WPO shall inform the whistleblower in writing of the option to apply to the court for a preliminary injunction and of the related consequences referred to in paragraph(6).
(6) The suspension of the employment-related measure shall end on the expiry of 30 days from the receipt of the acknowledgment referred to in paragraph(2) by the whistleblower. The delivery of the petition for a preliminary injunction to the court during this period shall extend the duration of suspension of the employment-related measure until the court decision on the petition becomes enforceable.
(7) The provisions of paragraphs(1) to(6) shall apply mutatis mutandis also to the persons referred to in § 1(4).
(1) The WPO is established as an independent government agency with nationwide remit to protect the rights and legitimate interests of whistleblowers in whistleblowing.
(2) The WPO is a budgetary organisation. The draft budget is submitted as part of the General Treasury Administration chapter. Only the National Council of the Slovak Republic(hereinafter referred to as the “National Council”) may reduce the approved budget of the WPO during the calendar year.
(3) The seat of the WPO is Bratislava.
(4) The WPO may, to execute its tasks, establish and abolish branch offices outside its seat and determine their territorial remit.
(5) Details of the WPO organisation shall be regulated by the WPO’s organisational policy, which shall be issued by the WPO President.
(a) decide on protection matters pursuant to § 7 and § 12,
(b) inspect the application of this Act; the basic rules of inspection pursuant to a specific statutory provision8) shall apply to the exercise of inspection,
1. compliance with the provisions governing the granting of protection and the exercise of protection,
2. the manner in which the employer or the person concerned behaved towards the whistleblower at the time after the whistleblowing report was made; and
3. compliance with the provisions governing the internal system for the investigation of whistleblower reports,
(d) notify the competent authorities of the suspected retaliation against the whistleblower in connection with the whistleblowing report,
(e) raise public and employer awareness of whistleblowing and the granting of whistleblower protection,
(f) advise employers on the drafting of the internal policy referred to in § 10(9) and its compliance mechanism,
(g) provide whistleblowing advice and consultation,
(h) issue expert opinions and methodological guidance on whistleblower protection matters,
(i) provide practical professional preparation and training of persons responsible,
(j) cooperate with state authorities in the development of legislation and submit suggestions to central government agencies for amendments to the legislation based on its own findings and knowledge,
(k) cooperate with the Slovak National Centre for Human Rights and NGOs in matters of whistleblower protection,
(l) cooperate with equivalent institutions and organisations in the European Union and other countries,
(m) perform other tasks, if so provided by this Act or in specific statutory provisions.
(7) The WPO regularly evaluates and publishes on its website information relating to whistleblowing and the granting of protection under this Act, publishes documents referred to in paragraph(6)(h), expert articles, legal and other documents and information on whistleblowing and the granting of protection under this Act.
(8) In performing its tasks, the WPO may
(a) request the production of the necessary documentation, records and any other documents and get familiar with their contents,
(b) request explanations and examine the manner and effectiveness of the handling of a whistleblowing report,
(c) draw the attention of the heads of public authorities to insufficient or incorrect handling of a whistleblowing report and to request remedies,
(d) warn the employer that the intended employment-related measure may violate the provisions of this Act,
(e) recommend measures to the employer to ensure compliance with this Act.
(9) If the exercise of the powers referred to in paragraph(8) is provided for in a specific statutory provision, the WPO may exercise such powers only in accordance with such specific statutory provision.
(10) In administrative offence proceedings, in which protection has been granted pursuant to § 6(1), the WPO has the status of a party to the proceedings. The WPO shall also have the status of a party to the proceedings in administrative offence proceedings, in which a qualified whistleblowing report has been made, if it so requests. The WPO may participate in any act of the administrative offence proceedings, in which the whistleblower has the right or obligation to participate.
(11) The WPO is entitled to participate in proceedings under the general provisions governing judicial proceedings where the whistleblower is one of the parties to the dispute.
(12) A public authority shall provide the necessary assistance to the WPO in the performance of its tasks.
(13) The WPO shall submit a report on its activities and on the state of whistleblower protection for the previous year to the National Council by the end of March each year; the WPO shall publish the report on its website. This report includes, without limitation, the findings from the WPO’s activities and proposals and recommendations to remedy the deficiencies identified. If the WPO President finds any facts indicating that a threat to or a violation of the whistleblower rights is serious or involves a larger number of whistleblowers, the WPO President may submit an extraordinary report to the National Council, which may include a proposal that it be discussed at the next National Council session.
(14) The WPO shall annually submit a report for the preceding calendar year to the European Commission; the report shall also be published on the WPO’s website. The report shall include information on
(a) the number of whistleblowing reports received by the authorities competent to receive whistleblowing reports,
(b) the number of criminal proceedings and administrative offence proceedings initiated as a result of whistleblowing reports pursuant to(a) and their outcome,
(c) the estimated damage incurred, if any, and amounts recovered as a result of investigations, criminal proceedings or administrative offence proceedings relating to the whistleblowing reports made.
(15) A whistleblowing report addressed to the WPO shall be referred by the WPO to a competent authority without delay. If the whistleblower requests that their identity be kept confidential, the WPO shall refer the whistleblowing report without disclosing the whistleblower’s identity.
(16) Where, in relation to a person referred to in § 1(4), measures are taken in connection with the exercise of public authority that may be presumed to be retaliation, the WPO may request the public authority which took those measures to give an opinion on the justification and reasonableness of such measures within a specified period of time. The public authority shall examine the justification and reasonableness of the measures, take remedial action if necessary, and notify the WPO of the outcome of the examination and the measures taken. If the public authority fails to comply with the obligations referred to in the second sentence, the WPO shall submit information on this fact to a superior authority; if the public authority does not have a superior authority, the WPO shall submit such information to the session of the Government of the Slovak Republic(hereinafter referred to as the “Government”).
(17) The WPO shall observe the non-disclosure obligation with regard to the whistleblower’s identity in the performance of its tasks; this shall not apply if the whistleblower gives their written consent to the disclosure of information about their identity or if the whistleblowing report is referred to a competent authority. Likewise, the WPO shall observe the non-disclosure obligation with regard to the identity of the person concerned until the investigation of the whistleblowing report by a competent authority has been completed; this shall not apply where the whistleblowing report is referred to a competent authority. The provisions of the Code of Criminal Procedure on the disclosure of information on criminal proceedings shall apply mutatis mutandis to the disclosure of information to the public.
(1) The WPO shall be headed by a President who shall be responsible for the activities of the WPO. The WPO President shall be elected and removed from office by the National Council from among candidates proposed by the Government pursuant to § 15(4).
(2) The term of office of the WPO President shall be seven years. The same person may be elected as the WPO President only once.
(3) Only a person may be elected the WPO President who
(a) is a citizen of the Slovak Republic,
(c) has a clean criminal record,
(d) has achieved a graduate level of university education,
(e) is not a member of any political party or political movement,
(f) has not held the office of the President of the Slovak Republic(hereinafter referred to as the “President”), Member of the National Council, Member of the European Parliament, Member of the Government, Chairman, Head, Director or Deputy Chairman of another central government authority or a government authority with national remit, State Secretary, ombudsman, Secretary General of the Civil Service Office, Chairman of a self-governing region, or Mayor of a town / city or a municipality in the last five years prior to the election; and
(g) by their record of personal, public and professional conduct, gives an assurance that they will perform their role properly, honestly and responsibly.
(4) For the purposes of this Act, a person shall not be deemed to have a clean criminal record if they have been finally convicted of a deliberate criminal offence and, in the case of a particularly serious criminal offence, a criminal offence of abuse of authority of a public official, a criminal offence of accepting a bribe, a criminal offence of bribery and a criminal offence of indirect corruption, also if the conviction for such an offence has been expunged or who is regarded as if they had not been convicted of such a criminal offence. The clean criminal record is proven by an excerpt from the criminal record. To prove their clean criminal record, a natural person shall provide the Commission(§ 16) with the data necessary to request an excerpt from the criminal record.9) The data pursuant to the third sentence shall be sent by the Commission without delay in electronic form via electronic communication to the Office of the Prosecutor General of the Slovak Republic to have the excerpt from the criminal record issued.
(5) The office of the WPO President is incompatible with the exercise of the office pursuant to paragraph 3(f), with the exercise of office of a judge, prosecutor, member of the Bank Council of the National Bank of Slovakia, statutory body, membership in a governing body, supervisory body or controlling body of a legal person, except for the general meeting and the members’ meeting, or with membership in a political party or political movement. The WPO President may not speak on behalf of, or act in favour of, a political party or political movement.
(6) The exercise of office of the WPO President shall terminate on
(a) the expiry of the term of office,
(d) death or declaration of death.
(7) The WPO President shall be removed from office by the National Council on the proposal of the Government if the WPO President
(a) no more has a clean criminal record,
(b) has come to have restricted legal capacity,
(c) has ceased to comply with the condition of incompatibility pursuant to paragraph(5); or
(d) has not been exercising their office for at least six consecutive months.
(8) The National Council may suspend the WPO President if a criminal prosecution has been initiated against the WPO President in connection with the exercise of their office.
(9) The WPO President shall receive a monthly salary equal to the salary of a Member of the National Council, beginning on the first day of the month in which the WPO President was elected. The WPO President shall receive a monthly lump-sum allowance to cover necessary expenses for services and other personal expenses related to the exercise of the WPO President’s office, equal to 50 % of the WPO President’s salary. The entitlement to the lump-sum allowance shall commence on the date on which the exercise of office commences and shall cease on the date on which the exercise of office is terminated. The lump-sum allowance shall be set at a fixed amount rounded up to the nearest euro. The salary and the lump-sum allowance of the WPO President shall be determined by the Government.
(10) The WPO President shall not be subject to the provisions governing remuneration pursuant to a specific statutory provision10) except for the provisions governing remuneration pursuant to a specific statutory provision11), which shall apply mutatis mutandis to the salary of the WPO President.
(1) The Government may propose candidates for the WPO President to the National Council only after a public hearing and after they have been evaluated by the Commission.
(2) The Commission shall publish a call to applicants for candidature for the office of the WPO President within 15 days of its appointment via broadcasts of the Radio and Television of Slovakia, on the website of the Government Office of the Slovak Republic(hereinafter referred to as the “Government Office”) and in at least one daily national periodical press. The call may not be published for less than 30 days. In the call, the Commission shall specify which documents proving compliance with the conditions referred to in § 14(3) for the WPO President shall be submitted, and the structure of the CV to be attached by the candidate; the CV must be accompanied by at least two written references from the candidate’s colleagues or public figures and a statement of reasons for candidacy. The CV, references and the statement of reasons for candidacy shall be published by the Commission on the website of the Government Office within five business days of the closing date of the call for candidates for the office of the WPO President.
(3) The public hearing shall be held within 30 days of the close of the call for candidates for the office of the WPO President. The Commission shall invite to the public hearing any candidate who meets the conditions pursuant to § 14(3) for the WPO President and has submitted their CV and all annexes by the specified deadline; a candidate who does not meet the statutory conditions or who has not submitted their CV and all annexes by the specified deadline shall not be invited to the public hearing by the Commission and shall be notified thereof. The Commission shall invite a candidate to a public hearing at least seven days before the hearing, indicating the date, place and time of the public hearing; within this period, it shall also publish on the website of the Government Office the date, place and time of the public hearing and the subject areas of questions to be asked of the candidates at the public hearing. The public hearing shall be conducted in such a way that the members of the Government, Members of the National Council and attending members of the public shall also have the opportunity to ask questions of the applicants for candidature, which may be questions relating only to the WPO’s remit, questions aimed at verifying the qualifications for the exercise of office of the WPO President or questions aimed at verifying their management skills. The public hearing shall be broadcast live on the website of the Government Office and the full record of the public hearing shall be published on the website of the Government Office no later than the next business day.
(4) The Commission shall evaluate the applicants for candidature within 15 days of the public hearing and shall propose to the Government two candidates who were most successful in the evaluation. The material submitted to the Government for approval shall include the minutes of the public hearing, which shall include at least the method of evaluation, the evaluation of all applicants and their final ranking according to the evaluation; the material submitted by the Commission shall be published by the Government Office on its website.
(1) The Commission shall have five members. The President, the Government, the ombudsman, the Civil Service Council and the Advisory Body to the Government on Non-Governmental Organisations and Civil Society Development shall each appoint one member of the Commission. Only those who, by their record in personal, public and professional life, give assurance that they will perform their duties properly, honestly, responsibly and impartially may be appointed as a member of the Commission.
(2) The President, the ombudsman, the Civil Service Council and the Advisory Body to the Government on Non-Governmental Organisations and Civil Society Development are required to notify the Government of the member of the Commission appointed by them not later than six months before the expiry of the term of office of the WPO President; the submission shall include a structured CV of the member of the Commission. If the person authorised to appoint a member of the Commission fails to notify the Government of the appointed member of the Commission even within ten days of the expiry of the deadline referred to in the preceding sentence, the Government shall appoint the missing member of the Commission without delay. The list of members of the Commission, together with their CVs, shall be published by the Government Office on its website no later than the next business day after the member of the Commission is submitted to the Government.
(3) Where the exercise of office of the WPO President is terminated otherwise than on the expiry of the term of office, the persons authorised to appoint a member of the Commission pursuant to paragraph(1) shall appoint and notify the Government of the members of the Commission within 30 days of the termination of office of the WPO President; paragraph(2) shall apply mutatis mutandis.
(4) A member of the Commission shall take office by appointment; a member of the Commission shall cease to hold office on the election of the WPO President by the National Council.
(5) The activities of the Commission shall be directed by its Chairperson, who shall be elected by the members of the Commission from among themselves. In the absence of the Chairperson of the Commission, a member of the Commission authorised in writing by the Chairperson shall act as a deputy of the Chairperson.
(6) The office of a member of the Commission shall be an honorary office. A member of the Commission shall be entitled to reimbursement of proven travel expenses12) related to the exercise of their role, which shall be provided by the Government Office.
(7) Tasks related to the professional, organizational, personnel, administrative and technical support of the Commission’s activities shall be performed by the Government Office.
(8) An absolute majority vote of all members of the Commission is required for a decision of the Commission to be valid. The details of the Commission’s procedure before the selection procedure, the Commission’s deliberations, the method of evaluation of the applicants, the Commission’s decision-making, and participation in its meetings shall be regulated by the Rules of Procedure approved by the Commission; the Commission shall publish the Rules of Procedure on the website of the Government Office no later than the next business day after their approval.
(9) Unless the Government approves the candidates submitted by the Commission within 30 days of the submission of the proposal referred to in § 15(4), the Commission shall issue a new call for candidates to run for the office of the WPO President. The Commission shall also issue a new call, unless the National Council elects the WPO President.
(1) The WPO Vice-President shall act as a deputy of the WPO President and shall be appointed and removed from office by the WPO President. The WPO Vice-President shall act as a deputy of the WPO President within the scope of the WPO President’s rights and duties in the WPO President’s absence and when the office of the WPO President is vacant. The WPO President may also authorise the WPO Vice-President to act as a deputy of the WPO President in other cases within the scope of the WPO President’s rights and duties.
(2) The WPO Vice-President shall be governed by the provisions of § 14(3), (4) first and second sentences,(5) and(6).
(3) To prove their clean criminal record, a natural person shall provide the WPO with the data necessary to request an excerpt from the criminal record. The data referred to in the first sentence shall be sent by the WPO without delay in electronic form via electronic communication to the Office of the Prosecutor General of the Slovak Republic for the issue of an excerpt from the criminal record.
(1) A misdemeanour is committed by a person who
(a) threatens to retaliate, attempts to retaliate, or retaliates against a whistleblower in connection with making or publishing a whistleblowing report,
(b) breaches the non-disclosure obligation with regard to the identity of the whistleblower or the identity of the person concerned; or
(c) attempts to hinder or hinders the making or publishing of a whistleblowing report.
(2) The WPO may impose a fine of up to €6,000 for a misdemeanour pursuant to paragraph(1). The WPO may impose a fine of up to €12,000 on a person who commits a misdemeanour pursuant to paragraph 1(a),(b) or(c) repeatedly within two years of the date of the final decision on the commission of the misdemeanour.
(3) Fines are revenue of the state budget.
(4) The general regulation on misdemeanours shall apply to misdemeanours and their hearing.13)
(1) The WPO may impose a fine of up to €30,000 on an employer referred to in § 10(1) that
(a) has not taken measures to remedy the deficiencies identified during an inspection of the performance of obligations pursuant to § 10(9) and 10 or § 11, or
(b) has failed to submit to the WPO a written report on the measures taken to remedy the deficiencies identified8) in performing the obligations pursuant to § 10(8) to(10) or § 11 and their causes.
(2) The WPO may impose a fine of up to €50,000 on an employer who is not a public authority and who employs at least 50 employees and less than 250 employees or on an employer who is a public authority and who employs at least five employees and less than 250 employees who has breached any of the obligations pursuant to § 10(1) to(8).
(3) The WPO may impose a fine of up to €100,000 on an employer who takes an employment-related measure against a person referred to in § 1(4) without the WPO’s consent, if consent is required, threatens or attempts to retaliate against the person referred to in § 1(4), or on an employer referred to in § 10(1) that employs at least 250 employees and that has breached any of the obligations referred to in § 10(1) to(8).
(4) The WPO may, in the case of repeated breaches of the obligations referred to in § 10 a § 11 within two years from the date on which the decision has become final, increase the fine up to twice the original amount.
(5) When imposing a fine, the WPO shall take into account the gravity, manner, duration and consequences of the misconduct and shall also take into account the repeated breach of the obligation and the fact that several obligations have been breached by the act or omission.
(6) A fine may be imposed within one year from the date on which the WPO became aware of the breach of the obligation, but not later than within three years from the date on which the obligation was breached.
(7) Fines are revenue of the state budget.
(1) A whistleblower who has made a qualified whistleblowing report and a person in respect of whom an employment-related measure has been suspended shall be entitled to legal aid pursuant to a specific statutory provision14).
(2) In cases worth special consideration, the WPO may pay the attorney costs or the costs of any other legal representative on behalf of a whistleblower if the whistleblower needed one in connection with the whistleblowing report.
(1) The WPO may request assistance of the Labour Inspectorate in ascertaining any facts relevant to the granting of protection pursuant to § 7 and § 12. A labour inspector shall have the powers pursuant to a specific statutory provision when providing assistance15), as in the performance of a labour inspection.
(2) Every person shall have the same duties in providing assistance pursuant to paragraph(1) as in performing a labour inspection.16)
(3) The Labour Inspectorate may impose a regulatory fine of up to €500, even repeatedly, on a natural person and a person authorised to execute legal acts on behalf of a legal person, if such persons have failed to comply with the obligations pursuant to paragraph(2) within the specified deadline, if they failed to comply with the obligation even within the additional deadline.
(4) The Labour Inspectorate may impose the regulatory fine within one year from the date of non-compliance with an obligation.
(5) Regulatory fines are revenue of the state budget.
(6) The National Labour Inspectorate and the Labour Inspectorate shall process personal data for the purposes referred to in paragraphs(1) to(3) to the extent provided for by a specific statutory provision17) without the consent of the data subjects.
(1) The WPO may process personal data to the extent necessary for the performance of its tasks.
(2) If a public authority establishes a whistleblowing hotline, it shall record calls to such hotline; the public authority shall inform the whistleblower in advance that the call will be recorded.
(3) A public authority shall keep records of the audio recordings of calls referred to in paragraph(2) and retain them for three years of their recording on an electronic non-rewritable medium.
(4) The authority competent to receive whistleblowing reports shall acknowledge receipt of the whistleblowing report to the whistleblower without delay, no later than within seven days of receipt of the whistleblowing report; this shall not apply if the whistleblower waives the acknowledgement of receipt of the whistleblowing report. The authority competent to receive whistleblowing reports shall not acknowledge receipt of the whistleblowing report if it reasonably believes that acknowledging receipt of the whistleblowing report may compromise the protection of the whistleblower’s identity.
(5) The authority competent to receive whistleblowing reports shall, in a concise and comprehensible form in a section accessible from the homepage of its website, indicate
a) the electronic address, postal address and telephone number for making a whistleblowing report,
(b) the procedure for receiving and investigating the whistleblowing report and the action to be taken by the authority competent to receive whistleblowing reports in response to the whistleblowing report,
(c) remedies and procedures to protect against employment-related measures without the WPO’s consent, if consent is required, or other retaliation against the whistleblower, information on whom to contact, how to proceed in a particular situation, the contact details of the WPO for the purpose of providing advice pursuant to § 13(6)(g),
(d) a legal notice of the conditions under which the whistleblower is subject to § 1(4) a § 2(a) fourth point,
(e) conditions for granting protection under this Act,
(f) information on the processing of personal data pursuant to a specific statutory provision.17a)
(6) The authority competent to receive whistleblowing reports shall, within its subject-matter competence, record annual statistical data for the preceding calendar year on
(a) the number of whistleblowing reports received by the authority competent to receive whistleblowing reports,
(b) the number of criminal proceedings and administrative offence proceedings initiated as a result of the whistleblowing reports pursuant to(a) and their outcome,
(c) the estimated damage incurred, if any, and amounts recovered as a result of investigations, criminal proceedings or administrative offence proceedings relating to the whistleblowing reports made.
(1) The Slovak Intelligence Service, the Military Intelligence Service and the National Security Authority and their members shall be subject only to § 1, § 2, § 10 a § 11. The performance of the obligations pursuant to § 10(8) by the Slovak Intelligence Service and the Military Intelligence Service must not compromise the interest of the intelligence service.
(2) Supervision over compliance with this Act in relation to the Slovak Intelligence Service, the Military Intelligence Service and the National Security Authority shall be exercised by the National Council pursuant to a specific statutory provision.18)
(1) Proceedings under this Act shall not be governed by the Rules of Administrative Procedure except for proceedings for the granting of the WPO’s consent pursuant to § 7, the administrative offence proceedings pursuant to § 19 and proceedings for the imposition of a regulatory fine pursuant to § 21.
(2) The service of a prosecutor’s notice to an employer pursuant to § 4(1), an administrative authority’s notice to an employer pursuant to § 6(1), a notice from a prosecutor or an administrative authority to an employer pursuant to § 8(5) and confirmation of the suspension of an employment-related measure pursuant to § 12(2) shall be governed by §§ 24 to 25a of the Rules of Administrative Procedure.
(1) Protection under this Act shall also be granted to a natural person who made a whistleblowing report before this Act entered into force and made a whistleblower protection request under this Act.
(2) The protection granted under Act No 307/2014 Coll. on Certain Whistleblowing Measures and on Amendments to Certain Acts as amended by Act No 125/2016 Coll., shall continue provided that the protection under this Act shall be provided by the Labour Inspectorate until the end of the calendar month in which six months have passed since the election of the WPO President by the National Council.
(3) Proceedings commenced and not finally concluded by 28 February 2019 shall be governed by Act No 307/2014 Coll. on Certain Whistleblowing Measures and on Amendments to Certain Acts as amended by Act No 125/2016 Coll.
(4) A person referred to in § 16(1) shall notify the Government of the appointed member of the Commission within 15 days of the entry into force of this Act.
(5) From the entry into force of this Act until the end of the calendar month in which six months have passed since the election of the WPO President by the National Council, the Labour Inspectorate shall perform the tasks pursuant to § 13(6)(a) to(d), (f) and(g).
(6) From the entry into force of this Act until the end of the calendar month in which six months have passed since the election of the WPO President by the National Council, the Ministry of Justice of the Slovak Republic shall decide on the provision of the reward pursuant to § 9.
(7) The request for consent which has not been handled, made before the end of the calendar month in which six months have passed since the election of the WPO President by the National Council, shall be handled from the first day of the calendar month following the calendar month in which six months have passed since the election of the WPO President by the National Council pursuant to this Act.
(8) From the election of the WPO President by the National Council to the end of the calendar month in which six months have passed since the election of the WPO President by the National Council, the Government Office shall assist the WPO President in the performance of their tasks related to the administrative, organisational, technical and material support of the WPO’s activities.
(9) An employer pursuant to § 10(1) shall harmonise the internal system of handling of submissions pursuant to Act No 307/2014 Coll. on Certain Whistleblowing Measures and on Amendments to Certain Acts as amended by Act No 125/2016, with this Act by 30 September 2019.
Transitional Provisions Governing the Arrangements Effective Since 1 July 2023
(1) The first report pursuant to § 13(14) in the wording effective since 1 July 2023 for the period from the establishment of the WPO until 31 December 2022 shall be submitted by the WPO to the European Commission by 31 July 2023.
(2) Where the term “Office for the Protection of Whistleblowers” is used in generally binding legislation, it shall be understood to mean the “Whistleblower Protection Office”. The Whistleblower Protection Office is also considered to be the same entity as the Office for the Protection of Whistleblowers.
(3) Proceedings on misdemeanours and administrative offences initiated by the WPO before the date of entry into force of this Act shall be governed by the existing legislation.
This Act transposes the legally binding acts of the European Union referred to in the annex.
Act No 307/2014 Coll. on Certain Whistleblowing Measures and on Amendments to Certain Acts as amended by Art. CLXVIII of Act No 125/2016 Coll., shall be revoked.
Act No 301/2005 Coll. Code of Criminal Procedure as amended by Act No 650/2005 Coll., Act No 692/2006 Coll., Act No 342/2007 Coll., Act No 643/2007 Coll., Act No 61/2008 Coll., Act No 491/2008 Coll., Act No 498/2008 Coll., Act No 5/2009 Coll., Act No 59/2009 Coll., Act No 70/2009 Coll., Act No 97/2009 Coll., judgment of the Constitutional Court of the Slovak Republic No 290/2009 Coll., Act No 291/2009 Coll., Act No 305/2009 Coll., Act No 576/2009 Coll., Act No 93/2010 Coll., Act No 224/2010 Coll., Act No 346/2010 Coll., Act No 547/2010 Coll., Act No 220/2011 Coll., Act No 262/2011 Coll., Act No 331/2011 Coll., Act No 236/2012 Coll., Act No 334/2012 Coll., Act No 345/2012 Coll., Act No 204/2013 Coll., Act No 305/2013 Coll., Act No 1/2014 Coll., Act No 195/2014 Coll., Act No 307/2014 Coll., Act No 353/2014 Coll., Act No 78/2015 Coll., judgment of the Constitutional Court of the Slovak Republic No 139/2015 Coll., Act No 174/2015 Coll., Act No 397/2015 Coll., Act No 398/2015 Coll., Act No 401/2015 Coll., Act No 440/2015 Coll., Act No 444/2015 Coll., Act No 91/2016 Coll., Act No 125/2016 Coll., Act No 316/2016 Coll., Act No 152/2017 Coll., Act No 236/2017 Coll., Act No 274/2017 Coll., Act No 161/2018 Coll., Act No 314/2018 Coll., Act No 321/2018 Coll., Act No 3/2019 Coll. and Act No 6/2019 Coll. shall be amended as follows:
1. In Part One, Title Two, a ninth part shall be inserted after the eighth part, which, including the heading, shall read as follows:
The Whistleblower
(1) The whistleblower, unless the whistleblower is also a victim, shall, in addition to other rights provided for by this Act, have the right to make motions for the taking of evidence or for the supplementation thereof and to submit evidence. The provision of § 46(5) and(7) shall apply equally.
(2) The Whistleblower Protection Office shall have the same rights and obligations as a whistleblower if the whistleblower is protected in an employment relationship pursuant to a specific statutory provision.”.
2. In § 69(1), a comma and the words “the whistleblower, unless the whistleblower is also a victim” shall be inserted after the word “the victim”.
3. In § 206(5), the following sentence shall be added at the end: “The police officer shall promptly notify the whistleblower and the victim of the order extending the charges”.
4. In § 214(4), the words “the accused and the victim” shall be replaced by “the accused, the victim and the whistleblower”.
5. In § 215, paragraphs(5) and(6) shall read as follows:
“(5) The order of discontinuance of prosecution shall be served on the accused, the victim and the whistleblower, unless the whistleblower is also a victim; the order of the police officer shall also be served on the prosecutor not later than within 48 hours.
(6) The accused, the victim and the whistleblower may lodge a complaint with a suspensive effect against the order of discontinuance of prosecution besides the grounds pursuant to paragraph(1)(g) and the accused also pursuant to paragraph(3)”.
6. In § 216(5), the first sentence shall read: “The order of conditional discontinuance of prosecution shall be served on the accused, the victim and the whistleblower, unless the whistleblower is also a victim; the accused, the victim and the whistleblower may lodge a complaint against the order, which shall have suspensive effect.”.
7. In § 218, paragraph 3 shall read:
“(3) The order of conditional discontinuance of prosecution shall be served on the accused, the victim and the whistleblower, unless the whistleblower is also a victim; the accused, the victim and the whistleblower may lodge a complaint against the order, which shall have suspensive effect.”.
8. In § 228(6), the first sentence shall read: “The order pursuant to paragraphs(1) to(5) shall be served on the accused, the victim and the whistleblower, unless the whistleblower is also a victim; the accused, the victim and the whistleblower may lodge a complaint against the order.”.
9. In § 230(3), the words “the accused and the victim” shall be replaced by the words “the accused, the victim and the whistleblower, unless the whistleblower is also a victim”.
Act No 153/2001 Coll. on the Prosecution Service as amended by Act No 458/2003 Coll., Act No 36/2005 Coll., Act No 59/2009 Coll., judgment of the Constitutional Court of the Slovak Republic No 290/2009 Coll., Act No 291/2009 Coll., Act No 102/2010 Coll., Act No 403/2010 Coll., Act No 192/2011 Coll., Act No 220/2011 Coll., Act No 436/2013 Coll., judgment of the Constitutional Court of the Slovak Republic No 217/2014 Coll., Act No 401/2015 Coll., Act No 125/2016 Coll., Act No 18/2018 Coll., Act No 314/2018 Coll. and Act No 6/2019 Coll. shall be amended as follows:
§ 49 shall be followed by § 49a, which shall read as follows:
The request pursuant to a specific statutory provision30b) shall be handled by a prosecutor who is competent to conduct the criminal proceedings.’.
The footnote in respect of reference 30b shall read:
“30b) § 3(1) of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts”.
Act No 483/2001 Coll. on Banks and on Amendments to Certain Acts as amended by Act No 430/2002 Coll., Act No 510/2002 Coll., Act No 165/2003 Coll., Act No 603/2003 Coll., Act No 215/2004 Coll., Act No 554/2004 Coll., Act No 747/2004 Coll., Act No 69/2005 Coll., Act No 340/2005 Coll., Act No 341/2005 Coll., Act No 214/2006 Coll., Act No 644/2006 Coll., Act No 209/2007 Coll., Act No 659/2007 Coll., Act No 297/2008 Coll., Act No 552/2008 Coll., Act No 66/2009 Coll., Act No 186/2009 Coll., Act No 276/2009 Coll., Act No 492/2009 Coll., Act No 129/2010 Coll., Act No 46/2011 Coll., Act No 130/2011 Coll., Act No 314/2011 Coll., Act No 394/2011 Coll., Act No 520/2011 Coll., Act No 547/2011 Coll., Act No 234/2012 Coll., Act No 352/2012 Coll., Act No 132/2013 Coll., Act No 352/2013 Coll., Act No 213/2014 Coll., Act No 371/2014 Coll., Act No 374/2014 Coll., Act No 35/2015 Coll., Act No 252/2015 Coll., Act No 359/2015 Coll., Act No 392/2015 Coll., Act No 405/2015 Coll., Act No 437/2015 Coll., Act No 90/2016 Coll., Act No 91/2016 Coll., Act No 125/2016 Coll., Act No 292/2016 Coll., Act No 298/2016 Coll., Act No 299/2016 Coll., Act No 315/2016 Coll., Act No 386/2016 Coll., Act No 2/2017 Coll., Act No 264/2017 Coll., Act No 279/2017 Coll., Act No 18/2018 Coll., Act No 69/2018 Coll., Act No 108/2018 Coll., Act No 109/2018 Coll., Act No 177/2018 Coll., Act No 345/2018 Coll., Act No 373/2018 Coll., Act No 6/2019 Coll. and Act No 30/2019 Coll. shall be amended as follows:
In § 91, paragraph 4 shall be supplemented by subparagraph(aa), which shall read:
“(aa) to the Whistleblower Protection Office within the scope necessary for the protection of the whistleblower pursuant to a specific statutory provision,86dj) if the whistleblower is an employee of a bank or a foreign bank branch.”.
The footnote in respect of reference 86dj shall read:
„86dj) § 7 and § 12 of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts.“.
Act No 595/2003 Coll. on the Income Tax as amended by Act No 43/2004 Coll., Act No 177/2004 Coll., Act No 191/2004 Coll., Act No 391/2004 Coll., Act No 538/2004 Coll., Act No 539/2004 Coll., Act No 659/2004 Coll., Act No 68/2005 Coll., Act No 314/2005 Coll., Act No 534/2005 Coll., Act No 660/2005 Coll., Act No 688/2006 Coll., Act No 76/2007 Coll., Act No 209/2007 Coll., Act No 519/2007 Coll., Act No 530/2007 Coll., Act No 561/2007 Coll., Act No 621/2007 Coll., Act No 653/2007 Coll., Act No 168/2008 Coll., Act No 465/2008 Coll., Act No 514/2008 Coll., Act No 563/2008 Coll., Act No 567/2008 Coll., Act No 60/2009 Coll., Act No 184/2009 Coll., Act No 185/2009 Coll., Act No 504/2009 Coll., Act No 563/2009 Coll., Act No 374/2010 Coll., Act No 548/2010 Coll., Act No 129/2011 Coll., Act No 231/2011 Coll., Act No 250/2011 Coll., Act No 331/2011 Coll., Act No 362/2011 Coll., Act No 406/2011 Coll., Act No 547/2011 Coll., Act No 548/2011 Coll., Act No 69/2012 Coll., order of the Constitutional Court of the Slovak Republic No 188/2012 Coll., Act No 189/2012 Coll., Act No 252/2012 Coll., Act No 288/2012 Coll., Act No 395/2012 Coll., Act No 70/2013 Coll., Act No 135/2013 Coll., Act No 318/2013 Coll., Act No 463/2013 Coll., Act No 180/2014 Coll., Act No 183/2014 Coll., Act No 333/2014 Coll., Act No 364/2014 Coll., Act No 371/2014 Coll., Act No 25/2015 Coll., Act No 61/2015 Coll., Act No 62/2015 Coll., Act No 79/2015 Coll., Act No 140/2015 Coll., Act No 176/2015 Coll., Act No 253/2015 Coll., Act No 361/2015 Coll., Act No 375/2015 Coll., Act No 378/2015 Coll., Act No 389/2015 Coll., Act No 437/2015 Coll., Act No 440/2015 Coll., Act No 341/2016 Coll., Act No 264/2017 Coll., Act No 279/2017 Coll., Act No 344/2017 Coll., Act No 57/2018 Coll., Act No 63/2018 Coll., Act No 112/2018 Coll., Act No 209/2018 Coll., Act No 213/2018 Coll., Act No 317/2018 Coll., Act No 347/2018 Coll., Act No 368/2018 Coll., Act No 385/2018 Coll., Act No 4/2019 Coll. and Act No 10/2019 Coll. shall be amended as follows:
1. In § 5(7)(n), the words “of the average monthly earnings(functional salary) of the employee”24f)’ shall be replaced by the words “€500 per employer”.
2. In § 9(2) subparagraph(aa) shall read:
“(aa) the reward granted by the Whistleblower Protection Office pursuant to a specific statutory provision,59ja)”.
The footnote in respect of reference 59ja shall read:
“59ja) § 9 of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts.”.
3. § 52zw shall be followed by § 52zx, which, including the heading, shall read as follows:
Transitional Provision in respect of the Act in Force Since 1 March 2019
The provision of § 5(7)(n), in the wording effective since 1 March 2019, shall apply for the first time to the amount of the payment pursuant to specific statutory provisions 24(d) paid in the month of June 2019.”.
Act No 327/2005 Coll. on the Provision of Legal Aid to Persons in Material Need and on Amendments to Act No 586/2003 Coll. on the Legal Profession and on Amendments to Act No 455/1991 Coll. on Trade Business(Trade Licensing Act) as amended by Act No 8/2005 Coll. as amended by Act No 451/2008 Coll., Act No 477/2008 Coll., Act No 495/2009 Coll., Act No 332/2011 Coll., Act No 335/2012 Coll., Act No 495/2013 Coll., Act No 307/2014 Coll., Act No 131/2015 Coll., Act No 125/2016 Coll., Act No 377/2016 Coll. and Act No 264/2017 Coll. shall be amended as follows:
1. The footnote in respect of reference 1aab shall read:
“1aab) § 7 and § 12 of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts.”.
2. In § 3(1), subparagraph(d) shall be omitted.
The former subparagraph(e) shall be referenced as subparagraph(d).
4. In § 24g, paragraph(1) shall read:
“(1) A whistleblower shall be entitled to receive legal aid in proceedings before an administrative court on an administrative action against a decision of the Whistleblower Protection Office, if
(a) the Whistleblower Protection Office has decided to grant consent to a legal act or to issue a decision in an employment relationship against a protected whistleblower, to which the protected whistleblower has not given their consent,
(b) the whistleblower has applied for legal aid; and
(c) the whistleblower does not have a representative for the proceedings, in which the whistleblower has applied for legal aid under this Act.”.
5. in § 24g, the following paragraph(4) is added:
“(4) The provisions of paragraphs(1) to(3) shall also apply to a close person of the whistleblower, to the person responsible and to the employees who participate in the performance of the tasks of the person responsible.”.
6. In § 26(f), the words “§ 24f(2) and “ shall be omitted.
Act No 125/2006 Coll. on Labour Inspection and on Amendments to Act No 85/2005 Coll. on Illegal Work and Illegal Employment and on Amendments to Certain Acts as amended by Act No 309/2007 Coll., Act No 462/2007 Coll., Act No 555/2007 Coll., Act No 400/2009 Coll., Act No 52/2010 Coll., Act No 67/2010 Coll., Act No 182/2011 Coll., Act No 223/2011 Coll., Act No 254/2011 Coll., Act No 257/2011 Coll., Act No 469/2011 Coll., Act No 512/2011 Coll., Act No 361/2012 Coll., Act No 154/2013 Coll., Act No 308/2013 Coll., Act No 307/2014 Coll., Act No 128/2015 Coll., Act No 351/2015 Coll., Act No 440/2015 Coll. and Act No 82/2017 Coll. shall be amended as follows:
1. In § 2(1)(a), the seventh point shall be omitted.
The previous eighth point shall be referred to as the seventh point.
The footnote in respect of reference 3c shall be omitted.
2. In § 6(1), subparagraph(v) shall be omitted.
The previous subparagraph(w) shall be referenced as subparagraph(v).
The footnote in respect of reference 15aaa shall be omitted.
3. In the footnote in respect of reference 17a, the quotation “§ 14 and § 15 of Act No 307/2014 Coll.” shall be replaced by the quotation “§ 21(3) of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts.“.
4. In the footnote in respect of reference 18ad, the quotation “§ 7 and § 13 of Act No 307/2014 Coll.” shall be replaced by the quotation “§ 21(1) of Act No 54/2019 Coll.“.
5. In § 19(1)(a), the word “eighth” shall be replaced by the word “seventh”.
Act No 330/2007 Coll. on the Criminal Register and on Amendments to Certain Acts as amended by Act No 519/2007 Coll., Act No 644/2007 Coll., Act No 598/2008 Coll., Act No 59/2009 Coll., Act No 400/2009 Coll., Act No 136/2010 Coll., Act No 224/2010 Coll., Act No 33/2011 Coll., Act No 220/2011 Coll., Act No 334/2012 Coll., Act No 345/2012 Coll., Act No 322/2014 Coll., Act No 78/2015 Coll., Act No 273/2015 Coll., Act No 91/2016 Coll., Act No 125/2016 Coll., Act No 55/2017 Coll., Act No 274/2017 Coll. and Act No 177/2018 Coll. shall be amended as follows:
1. In § 14(3), the following subparagraphs(f) and(g) are inserted after subparagraph(e):
“(f) to the Government Office of the Slovak Republic for the purpose of appointment to the position of the President of the Whistleblower Protection Office pursuant to a specific statutory provision,26b)
(g) to the Whistleblower Protection Office for the purpose of appointment to the position of Vice-President of the Whistleblower Protection Office pursuant to a specific statutory provision,26b)”.
The previous subparagraphs(f) to(m) shall be referenced as subparagraphs(h) to(o).
The footnote in respect of reference 26b shall read:
“26b) § 14 and § 17 of Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts.”.
2. In § 19(2), the words “(f) to(m)” shall be replaced by the words “(f) to(o)”.
Act No 55/2017 Coll. on the Civil Service and on Amendments to Certain Acts as amended by Act No 334/2017 Coll., Act No 63/2018 Coll., Act No 112/2018 Coll., Act No 177/2018 Coll., Act No 318/2018 Coll., Act No 347/2018 Coll. and Act No 6/2019 Coll. shall be amended as follows:
1. In the footnote in respect of reference 4, the quotation “Act No 307/2014 on Certain Whistleblowing Measures and on Amendments to Certain Acts as amended by Act No 125/2016 Coll.” shall be replaced by the quotation “Act No 54/2019 Coll. on the Protection of Whistleblowers and on Amendments to Certain Acts”.
2. In § 7(2), subparagraph(b) shall be supplemented by the following ninth point:
“9. the President of the Whistleblower Protection Office.”.
This Act shall enter into force on 1 March 2019.
Andrej Danko m.p.
Peter Pellegrini m.p.
to Act No 54/2019 Coll.
List of legally binding acts of the European Union to be transposed
Directive(EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law(OJ EU L 305, 26.11.2019) as amended by Regulation(EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020(OJ EU L 347, 20.10.2022).
1) § 3(b) and c) of Act No 583/2008 Coll. on the Prevention of Crime and Other Misconduct Harmful to the Society and on Amendments to Certain Acts.
2) For example § 10(2) of Act No 124/1992 Coll. on Military Police, § 11(2)(k) of Act of the National Council of the Slovak Republic No 10/1996 Coll. on Inspection in State Administration as amended by Act No 164/2008 Coll.
3) § 21 of Act No 523/2004 Coll. on Budgetary Rules of Public Administration and on Amendments to Certain Acts as amended.
§ 1(3) Act No 583/2004 Coll. on Budgetary Rules of Local Self-Government and on Amendments to Certain Acts.
4) § 6(4) of Act No 281/2015 Coll. on the Civil Service of Professional Soldiers and on Amendments to Certain Acts.
5) For example, § 55(2) and (4), § 60, § 63(1)(a), (c) and (d) points one to three, § 68(1)(a) of Act No 311/2001 Coll. Labour Code as amended,§ 192(1)(f) and (g) of Act No 73/1998 Coll. on the Civil Service of members of the Police Corps, the Slovak Intelligence Service, the Prison and Justice Guard Corps of the Slovak Republic and the Railway Police as amended, § 60(1) of Act No 315/2001 Coll. on the Fire and Rescue Corps as amended, § 64(2) and 5, § 65, § 66, § 72, § 75(1)(a) and § 82 of Act No 55/2017 Coll. on the Civil Service and on Amendments to Certain Acts.
6) For example § 45 of the Labour Code as amended, § 57 of Act No 73/1998 Coll. z. as amended, § 52(1) and § 78(1) and(2) of Act No 55/2017 Coll.
7) For example, Act of the Slovak National Council No 372/1990 Coll. on Misdemeanours as amended, Act of the National Council of the Slovak Republic No 10/1996 Coll. as amended.
8) §§ 8 to 13 of Act of the National Council of the Slovak Republic No 10/1996 Coll. as amended.
9) § 13(4) of Act No 330/2007 Coll. on the Criminal Register and on Amendments to Certain Acts.
10) §§ 124 to 154, § 156, § 157 and § 159 of Act No 55/2017 Coll. as amended.
11) § 155, § 158 and § 160 of Act No 55/2017 Coll.
12) Act No 283/2002 Coll. on Travel Allowances as amended.
13) Act of the Slovak National Council No 372/1990 Coll. as amended.
(14) § 24f and § 24g of Act No 327/2005 Coll. on the Provision of Legal Aid to Persons in Material Need and on Amendments to Act No 586/2003 Coll. on the Legal Profession and on Amendments to Act No 455/1991 Coll. on Trade Business(Trade Licensing Act) as amended as amended by Act No 8/2005 Coll. as amended by Act No 307/2014 Coll.
15) § 12(1) of Act No 125/2006 Coll. on Labour Inspection and on Amendments to Act No 82/2005 Coll. on Illegal work and Illegal Employment and on Amendments to Certain Acts.
16) § 16 of Act No 125/2006 Coll. as amended.
17) § 17 of Act No 125/2006 Coll. as amended.
17a) Art. 13 of Regulation(EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC(General Data Protection Regulation)(OJ EU L 119, 4.5.2016).
§ 60 of Act No 18/2018 Coll. on the Protection of Personal Data and on Amendments to Certain Acts as amended.
18) § 60 of Act of the National Council of the Slovak Republic No 350/1996 Coll. on the Rules of Procedure of the National Council of the Slovak Republic as amended by Act No 215/2004 Coll.