Regarding the implementation status of the EU Whistleblower Directive1 in Austria
Since 3 June 2022, a draft of the Whistleblower Protection Act exists,2 which is supposed to implement the EU directive in Austria. The law is expected to enter into force in the third quarter of the year. After that, companies will still have room for practical implementation, but preparations should be started promptly. In the following FAQ, our experts have already answered the most important questions about the draft legislation relevant for employers.
Which obligations do employers have? Companies are obliged to set up an internal reporting body to which legal violations can be reported. This body is a separate department or organizational unit within the company that receives (e.g., via telephone hotlines, online tools or apps) and handles the reports. The concrete design of these bodies is left to the company, but certain requirements must be met (see below). In addition, there are various documentation and storage obligations with regard to the reports made, as well as protection and information obligations toward whistleblowers.
Will all employers be obligated? No, only companies with 50 or more employees.
Who can be a whistleblower? In the context of employment law, primarily employees (including temporary workers), applicants or freelancers can be whistleblowers.
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