Czech government moves to protect whistleblowers

With corruption perceived as one of the country’s most serious problems, the Czech government has now moved to give whistleblowers greater legal protection. While it hopes to encourage more public sector workers to report corrupt practices, it is stepping cautiously for fear that the legal norm could be abused.

Photo: archive of ČRo 7 - Radio Prague

Whistleblowers are scarce in Czech society. A survey conducted by the Czech branch of Transparency International suggests that while Czechs frequently rail against corruption most employees turn a blind eye and deaf ear to any kind of malpractices at the workplace, be it violation of safety norms or suspicion of corruption. This is largely due to fear of reprisals and the fear is not unwarranted. A third of those who found the courage to speak up were sacked or resigned of their own accord after clashing with management. Patrik Rejchl is a case in point. As a former manager at CzechInvest he refused to sign a suspect deal and was sacked under a false pretext. Although the anti-corruption police raided the government agency shortly after and its director was dismissed over the deal, Reichl was not offered his old job back and his chances of proving that he was sacked for other reasons than those stated are slim. Even so he does not regret the decision.

“I reported illegal practices at the workplace and was sacked for what I did. But even with hindsight I would not act differently today and I hope more people will find the courage to act according to their convictions and their conscience.”

Karolína Peake, photo: CTK

While most Czechs still feel that it is up to the authorities to crack down on corruption the government is now telling them that in many cases their help is essential and it is ready to provide some form of protection to those who find the courage to speak up. The proposed bill put forward by Deputy Prime Minister Karolína Peake would not prevent such employees from getting sacked but it would make it easier for them to argue their case in court.

“In the event that an employee would be sacked for reporting corrupt practices and would take their case to court the burden of proof would be shifted to the employer.“

At present the practice is such that it is up to the employee in question to find proof that they were sacked for reasons other than stated. Critics of the proposed bill say shifting the burden of proof does not go far enough to protect whistleblowers or provide any incitement for people to act, while employers fear that it could be abused by employees who bear a grudge. Consequently the cabinet has requested that the proposal be modified to the public sector alone and should strictly specify what kind of malpractice-reports would elicit special protection. For the present time it would be criminal offenses, particularly corruption, as opposed to less serious malpractices at the workplace. Radka Pavlišová of the Czech branch of Transparency International says it’s a move in the right direction.

Radka Pavlišová, photo: Czech Television

“We see this as a first step. In future we hope to see the legislation broadened to the private sector and to malpractices that may not be perceived as crimes, for instance poor adherence to safety norms, but where it is in the public interest to have them reported. As regards corruption, it is obvious that employees in the public sector should get maximum protection because they are most likely to come up against abuse of public funds. Of course it is also important to provide counseling, as we do, because no legislation on earth can strip people of their fear or give them absolute protection against the risks involved.”

The proposed legislation should be approved in the first half of 2013 and although it is not expected to spark a wave of civic awareness it should afford better protection to those who do not fear to speak up.