Indicator 5. The burden of proofs is on employers, who must prove that action they have taken against an employee is unrelated to whistleblowing

National legislation must prescribes that the burden of proof is on employers. The purpose of prescribing such a provision is to encourage the reporting of irregularities, ie. whistleblowing, as well as protecting whistleblowers from retaliation and deterrence from providing relevant information.

Summary

All legislation of analysed countries provides that the burden of proofs must be on employers, who must prove that action they have taken against an employee is unrelated to whistleblowing except the regulation of Bosnia and Herzegovina and Republic of Srpska

Current state of play

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Average, 2021

ALB BIH KOS MNE MKD