Whistleblower Safeguards: Protection against Retaliation

Special Stability Protection

One of the pillars of the anti-harassment regulations is the guarantee of non-retaliation.

To encourage whistleblowing, the law usually grants the whistleblower a special "privilege" or protection of employment stability.

This means that, from the moment the formal complaint is filed (provided it has a reasonable basis) and until a later period (generally 6 months after the process is completed), the victim cannot be dismissed without prior judicial authorization or an objective just cause totally unrelated to the complaint.

This measure seeks to shield the worker against immediate retaliation by the employer or the harassing boss.

Requirements for the Activation of the Guarantee

It is vital to clarify that this protection is not a "free pass" for the employee to stop working or commit disciplinary offenses with impunity.

For the guarantee to be valid, the complaint must have a verifiable factual basis.

It is not enough to say "I am being harassed" to become untouchable; there must be a formal process underway.

If it is proven that the dismissal was a direct reprisal for having exercised the right to denounce, such dismissal is presumed null and ineffective, obliging the company to reinstate the worker to his position or to pay aggravated compensation for discriminatory dismissal.

Extension of Witness Protection

The protection network does not only cover the direct victim. For an investigation to be successful, the collaboration of third parties is necessary.

Therefore, the guarantees against retaliation are extended to witnesses who testify in the proceedings (co-workers).

If a witness is fired, transferred or demoted in his or her working conditions shortly after testifying on behalf of the victim, the law presumes that this is an act of retaliation.

Protecting witnesses is essential to break the