Who is protected against reprisals?

The following people are protected against reprisals:

• the whistleblower, as soon as the report is deemed admissible;
• third parties linked to the person who reported the incident and who may be subject to reprisals in a professional context, such as colleagues, relatives or close friends of the whistleblower;
• facilitators, such as a person of trust concerning integrity, who helped the whistleblower;
• legal entities connected to the whistleblower;
• any person who has collaborated in the investigation carried out by the external reporting channel, as well as their advisers.

Protection against reprisals is granted automatically: no action is required on the part of those eligible to benefit from this protection.

What is the protection against reprisals?

No reprisals can be taken against protected persons, including threats of reprisals or attempted reprisals.

These may include the following:

• suspension, layoff, dismissal or equivalent measures;
• demotion or refusal of promotion;
• transfer of duties, change of workplace, reduction in salary, change in working hours;
• suspension of training;
• negative performance evaluation or work certificate;
• disciplinary measures imposed or administered, a reprimand or other sanctions, including a financial penalty;
• coercion, intimidation, harassment or ostracism;
• discrimination, disadvantageous or unfair treatment;
• not converting a temporary employment contract into an indefinite duration contract, where the worker could legitimately expect to be offered employment of indefinite duration;
• non-renewal or early termination of a temporary employment contract;
• prejudice, including damage to the person’s reputation, in particular on social networks, or financial loss, including loss of business and loss of income;
• blacklisting on the basis of a formal or informal agreement at sector or industry level, which may mean that the person will not find future employment in the sector or industry;
• early termination or cancellation of a contract for goods or services;
• withdrawal of a licence or permit;
• referral for psychiatric or medical treatment.

If you believe you are a victim of reprisals, please contact the Committee’s Integrity Cell.

When am I entitled to protection as a whistleblower?

As a whistleblower, you are protected if:

• you have reasonable grounds for believing that the information reported on integrity breaches was true at the time it was reported and that this information falls within the scope of the present law;
• you have made an internal or external report that has been declared admissible or a public disclosure in accordance with the law.

You do not lose the benefit of protection simply because your report, made in good faith, turned out to be inaccurate.

When am I protected?

• For whistleblowers, third parties, facilitators and legal entities, protection starts on the date of the report if it is admissible.
• For persons who have collaborated in the investigation and their legal advisers, protection starts from the moment they collaborate in the investigation.

The whistleblower and the protected persons are informed in writing that they will receive protection and, where applicable, if the protection is annulled.

The right to protection is valid for an indefinite period.

What is the process for a complaint regarding reprisals?

When we receive your complaint regarding reprisals, we verify whether there is a reasonable grounds to suspect reprisals. To assess this reasonable suspicion, we may contact you to ask for further details and documents (by email, telephone or in person).

We then ask the most senior manager of the service in writing to prove that there is no link between the adverse situation and the whistleblowing or involvement in the investigation.

The head of the service in question has four weeks to prove that there is no connection between the adverse situation and the whistleblowing or involvement in the investigation.

If proof cannot be provided, we request that they annul the measure or to compensate the damage suffered within 20 days. The most senior manager of the service has 20 days to respond to this proposal. If the adverse situation causes serious, direct and irreparable harm, we may also ask the manager of the service to suspend the measure with immediate effect.

If this is refused, we send a recommendation to the service concerned and inform the relevant minister.

If you are a member of staff, you can request to be temporarily assigned to another section within your service, under certain conditions.

The processing of a complaint regarding reprisals will be suspended if the facts are subject of a judicial appeal or an organised administrative appeal.