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Test Whistleblower Safeguards: Protection against Retaliation
Agenda
1st QUESTION: What is the "fuero" or special labor stability protection?
A financial bonus
A vacation leave
An automatic promotion
A guarantee that prevents dismissal without judicial authorization or objective just cause
2nd QUESTION: What is the typical duration of this stability protection?
During the process and generally 6 months after
Only during the trial
1 year before the complaint
For life
3rd QUESTION: What is the indispensable requirement to activate the guarantee of protection?
That the complaint has a verifiable factual basis and is not just a saying
The complaint must be anonymous
The employee has seniority
That the boss accepts fault
QUESTION 4: What happens if an employee is fired as a direct retaliation for whistleblowing?
It is considered valid if compensation is paid
It is presumed null and ineffective, requiring reinstatement or aggravated compensation
The penalty is reduced
Nothing happens
QUESTION 5: To whom else does the protection guarantee extend in addition to the direct victim?
To family members
To customers
To witnesses who cooperate in the proceedings
To suppliers
QUESTION 6: What does the law seek to protect witnesses?
Increase the costs of the trial
Breaking the "pact of silence" that prevails in toxic organizations
Generate bureaucracy
Punish the company
7TH QUESTION: Does the protection mean that the employee is untouchable and can commit misconduct?
Yes, you can never be fired
Yes, you can stop working
No, dismissal is possible with prior judicial authorization or objective just cause unrelated to the complaint
Yes, you have diplomatic immunity
8TH QUESTION: Who must authorize the dismissal of an employee with a privilege if there is an objective just cause?
The company manager
The union
The competent judge
The coexistence committee
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