Work-related whistle-blowing in democratic societies context

Abstract

Purpose Turkey is required by the international and EU instruments and domestic law to address the issue of whistle-blowing and the protection of whistle-blowers. The purpose of this paper is to analyse Turkish legislation which is applicable to work-related whistle-blowing, the conflict between the worker’s right to “blow the whistle” and the obligation to loyalty and confidentiality. The consequences of groundless or deliberate false disclosures are considered. Comparisons are made with international conventions, the COE Recommendation CM/Rec(2014)7 and the Proposed EU Directive on the Protection of Whistleblowers and ECtHR precedents. Design/methodology/approach In the first part, this paper reviews the definition of whistle-blowing and whistle-blower. The second part outlines the impact of international and EU Law on Turkish legislation. The third part reviews the Turkish legal framework applicable to whistle-blowing. Findings Whistle-blowing in the public interest is suggested as a tool to combat corruption worldwide. There is no doubt that some whistle-blowers have been beneficial to society. However without democratic structures to take into account the assessment of the quality of the information, the type of the disclosure and the category of the reporting person, there are downsides to excessive whistle-blowing. Therefore, whistle-blowing should be discussed in the context of democratic societies, and a balanced approach should be adopted to ensure the position of not only whistle-blowers but also the people affected by the reports. Originality/value The paper offers new insights into the limits of work-related whistle-blowing within the context of freedom of expression and the right of employees and public officials to petition. The protection of whistle-blowers and the consequences of groundless or deliberate false disclosures under Turkish Law from a comparative perspective are considered.

Corporate liability for modern slavery

“…Directive (EU) 2019/1937 of 23 October 2019 on the protection of persons who report breaches of Union law, provides protection to individuals (whistleblowers) who report a breach of EU law in any of the following areas: public procurement, financial services, money laundering, corporate tax, transport, environment, food and animal welfare, public health, consumer protection, privacy, financial interests of the EU and the internal market. The Directive provides for minimum standards that must be adopted at national level (Bakirci, 2019). This means that EU Member States may choose to extend their national provisions to cover areas beyond those listed above including human rights violations with a view to promoting a comprehensive and coherent whistleblower protection framework at national level.…”

“…It also obliges public officials and public and private health personnel to notify the authorised bodies of any criminal offence while performing their services (arts. 279-280) (Bakirci, 2019).…”