The Protection of the Whistleblower against Business Retaliation: a Lacuna in the Spanish Legal System
Abstract
The term “whistle-blower” is identified with a reality that, even if it happens frequently, our legal system still does not contemplate. The recent enactment of the EU Directive on the protection of persons who report violations of EU Law, still pending transposition to Spanish Law, highlights the change occurred in the way of dealing with this classic reality. The existence of a gap in Spanish legal system, the appreciation of a social reality that demands legislator`s attention, as well as the growing concern for the development of an effective protection policy around the figure of the whistle-blower are the main drivers for the context motivating the realization of this study. The study is aborded from the perspective of Labour Law, focusing on the specific protection that the employee deserves as a whistle-blower of internal irregularities, against possible employer reprisals to which he may be subjected after fulfilling an ethical or legal duty.
Received: 22.12.2023
Accepted: 13.06.2023
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Last update: 08/02/2022
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