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Working Group Whistleblowing – 27 November 2018

Whistleblowing is a value!

At its meeting on 27 November 2018 in Zurich, 17 members and guests of the WG listened to Co-Chair Helke Drenkhan’s presentation of the new legislative proposal of the Swiss Government and vividly discussed the proposal.

All attendees agreed that it is important to encourage employees to make an internal report on any suspected or actual misconduct. Therefore, a transparent, credible and effective whistleblowing process, including the do’s and don’ts when reporting internally or externally, is core.

In Switzerland the legal framework does currently not provide any specific whistleblower protection regulation. Switzerland has fallen behind countries such as the U.S., the UK or France. In November 2013, the Swiss Federal Council already proposed new rules. But in 2015 the Swiss Parliament decided to reject the draft as overly complex. End of September 2018, the Swiss Federal Council now published its revised draft legislation. The proposal can be accessed here.

The attendees concluded that the draft legislative proposal has a lot of value but also some missing elements (in particular with regard to effective protection from dismissal or other forms of retaliation). Instead of symbolically voting on the draft proposal, the attendees decided that a sub-working group under the lead of Prof. Christian Hauser (University of Applied Sciences in Chur) will draft a White Paper to the attention of Parliament. The Working Group will discuss the draft at its next meeting in February (invitations will follow).

Helke Drenckhan and Daniel Bühr, Co-Chairs WG Whistleblowing