Supporting People who Speak Out

Serbia – Standards – Protection – Retaliation

Serbia – Standards – Protection – Retaliation

3. Prevention of whistleblowing shall be prohibited.

Any provision of a general or particular enactment that prevents whistleblowing shall be null and void.

4. Undertaking any damaging action shall be prohibited.

5. A whistleblower shall be entitled to protection in accordance with this Law where:

1. He performs whistleblowing by disclosing information to his employer, competent authority, or the public as provided for herein;

2. He discloses information referred to in Article 2, item 1 hereof (hereinafter referred to as: the disclosure) within one year of having learned of the performance of the action he blows the information for, and at the latest within ten years from the date of the performance of such action;

3. At the time of whistleblowing, the truthfulness of the information disclosed would be credible to a person possessing the same average level of knowledge and experience as the whistleblower.

6. An associated person shall enjoy the same protection as a whistleblower if such person makes probable that a damaging action has been undertaken against him due to his connection to a whistleblower.

7. A person who makes probable that a damaging action has been undertaken against him, due to the fact that the person performing the damaging action wrongly believed that person to be the whistleblower or an associated person, shall enjoy the same entitlement to protection as the whistleblower.

8. A person who has discharged the information while performing his official duty shall enjoy the same protection as a whistleblower, if he makes probable that a damaging action has been undertaken due to discharging his official duties.

9. A person requesting data in relation to the information shall enjoy the same protection as a whistleblower, if such person makes probable that a damaging action has been undertaken against him due to requesting such data.

Referenced Legislation: Law on the Protection of Whistleblowers (2014)

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