Denouncing an irregularity within one's company is never an easy decision. Yet, a whistleblower plays a fundamental role in preserving ethics and transparency within organizations. In Switzerland, as elsewhere, this courage deserves to be supported and protected.
In this article, we explain what a whistleblower, what are the most striking examples and how does the Swiss framework protect those who dare to speak up.
What is a whistleblower?
A whistleblower is a person who in good faith reports illegal acts, unethical behavior, or serious risks they have witnessed in a professional setting. This can include fraud, harassment, corruption, or endangerment of public safety.
Contrary to popular belief, a whistleblower does not act out of vengeance or personal interest. He acts out of conviction, to protect his colleagues, his organization, or society as a whole. This role is also complementary to that of the trusted person in a company, who often constitutes the first natural point of contact for collecting these reports confidentially.
The whistleblower in Switzerland: what legal framework?
Switzerland has long been lagging behind on the issue of protection for whistleblowers. Today, Swiss labor law offers protections, particularly against unfair dismissal, but they remain limited compared to European legislation.
For A Swiss whistleblower, caution is advised. The law provides that the report must first be made internally, to the employer or a designated body, before any external action. This is why having a secure internal reporting channel is essential for companies today. A Swiss whistleblower Anyone who does not comply with this procedure exposes themselves to legal risks. It is therefore strongly advised to seek expert assistance before acting.
How to report safely?
For A Swiss whistleblower, here are the recommended steps before any reporting:
- Document the facts with precision and objectivity.
- Consult an external expert to assess the risks and the appropriate procedure.
- Use a secure reporting channel implemented by the company or a trusted third party.
- Maintain anonymity if necessary to protect themselves from reprisals.
Businesses: your responsibility regarding whistleblowing
Companies today have a clear responsibility. Implement a system for Whistleblowing internship is no longer just a good practice, it's an ethical and legal necessity.
Such a device makes it possible to address reports upstream, before they escalate into open crises. This considerably reduces psychosocial risks and preserves the climate of trust within the teams.
In case of a complex situation, a internal investigation conducted by an external expert allows for factual determination with neutrality and impartiality.
Négo-Médiation: Your Partner for Protecting Whistleblowers
At Négo-Médiation, we assist both companies and employees in setting up and managing alert systems. Our approach is confidential, impartial, and focused on protecting all parties. Contact us starting today for a confidential initial consultation and discover how we can support you.