Lagstadgade krav på arbetsgivaren för att förstärka visselblåsarens trygghet - En studie av Visselblåsardirektivets inverkan på den privata sektorn i Sverige
Sammanfattning: The role of the Whistleblowers is noticeable in different situations and the result of their acts often reveals flaws and serious misconducts to the public. The whistleblower has a unique insight into the organization which means that the content in the reports is accurate. The whistleblower in the private sector has limited protection and the struggle with the loyalty duty to the employer and the professional secrecy creates a problematic situation for the whistleblower. Employees in the public sector, as well as employees in the private sector, have constitutional protection in the messenger protection. However, employees in the private sector are not protected in relation to the employer. The act on special protection for employees who report on serious misconduct from 2016 is the legislation that protects whistleblowers today. This legislation does not meet the minimum criteria in the EU Whistleblower directive that Sweden adopted in May 2019. In order to implement and meet the minimum requirements in the directive, a new whistleblower act needs to replace the current one. This is the conclusion in the investigation that has been done with the proposal of the new legislation. the new legislation has regulations regarding internal reporting channels which has the purpose of enhancing the protection of the whistleblower. The requirements in the level of misconduct are today serious misconduct will be replaced with just misconduct. The proposal has been criticised first and foremost by the employer organisation Svenskt näringsliv and they consider it unfortunate that Sweden has even adopted the Whistleblower directive. Svenskt näringsliv is of the opinion that the implementation of the directive in the new Whistleblower act is going far beyond the minimum requirements in the directive. The problem with this type of over implementation is in the risk that it will create high administrative costs, which, in the end, will create an unbalanced competition with company's which operates in countries that only have the minimum requirements. The Labour Court and LO and TCO which represent the employees have also criticized the proposal. This criticism is regarding the difficulties of understanding the content, and that this will create problems for the employer as well as the employee. The criticism from the organizations is well-founded. However by reviewing the criticism in a critical way the Whistleblower directive and the new Whistleblowers act can be studied from the perspective of those who the legislation, in the end, will concern.
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