Visselblåsarens situation på den privata arbetsmarknaden : En studie om gränserna för privatanställdas kritikrätt

Sammanfattning: Whistle-blowers have an important role as they reveals incongruities in organizations in order to enable improvement of working conditions. However, there is a risk of reprisals against the employees when expressing their discontent, which may prevent them from blowing the whistle. Since whistle-blowers in private sectors have less protection of freedom of expression against their employer, the protections of whistleblowing also become weaker in these organizations. Nowadays it is becoming increasingly common for businesses in the welfare sector to govern under private management, but still with public funding. A weak protection of whistleblowing therefore reduces the public's opportunity to gain insight into how public funds are used. Therefore the aim of the study is to examine the protection of whistleblowing in private sectors and especially highlight the problem with a weak protection in private organizations that are publicly funded. The Swedish law has no general regulation for the protection of whistle-blowers, which leads to a complex legal situation. It will additionally be new regulations introduced in this area, which might lead to further complexity. The second purpose of the study is therefore to analyse the new regulations and identify some possible consequences of the legislation. A legal dogmatic method is used in the essay with the purpose of investigating the current legislation. The study shows that employees in private sectors have a relatively expansive right to criticize their employer and the conditions at workplaces. The judgement depends on how the employee chooses to express their criticism and therefore there are several factors that must be taking into account. The new regulations will hopefully reduce the risk of reprisals related to whistleblowing. On the other hand there are some identified weaknesses in the legislation that might imply that the intention of the law not would be fulfilled. Therefore the question still stands if the whistle-blower’s situation in the private sector will be improved by the new regulations.