Whistleblowing - En komparation av gällande rätt och SOU 2014:31. Innebär lagförslaget ett tillräckligt stärkt skydd?
Sammanfattning: In the age of information people want to get hold of as much information as possible, which is probably why whistleblowing has become such a hot topic. Whistleblowers constitute an important body of control in society which historically has revealed information and scandals of great public interest. The aim of this essay is two-folded. First off the aim is to in a perspective of legislative development examine the rights and obligations of employees who use their freedom of expression and blow the whistle. Secondly, in regards of a recent legislative proposal, I will examine and critically analyze the legislative proposal of government white paper SOU 2014:31. This essay will then compare the rights and obligations of whistleblowers to the legislative proposal in order to determine whether the legislative proposal actually means an improved protection of whistleblowers, and if so, whether the protection is sufficient. The study shows that employees hold relatively far-stretched rights to use their freedom of expression and to blow the whistle. These rights are however more extensive for employees working in the public sector as such employees are able to claim the freedom of expression in the relationship of employment. The legislative proposal of SOU 2014:31 holds a prohibition of victimization targeted against the employer sanctioned with compensation for damages. The proposal have been criticized for ambiguity, for not including workers supplied by employment agencies or other workforce and for suggesting that total deviations may be approved through collective agreements. By comparison of the current rights and obligations and the legislative proposal the study shows that the proposal actually means an improved protection of whistleblowers, though not sufficient. In a concluding analysis codification combined with legislation of revised improved protection of whistleblowers incorporating all personnel is discussed as a possible solution. In such an improved protection deviations in disadvantage for the employee should not be possible and must offer sufficient protection to jeopardize the reputation, employment and career of the whistleblower.
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