Croatia: Whistleblowers
Croatian employers were given until year-end to comply with the recently enacted Act on the Protection of Whistleblowers. Previously, whistleblower protections were scattered across various laws including the Criminal Code and Employment Act. A 2017 study revealed that roughly 60% of Croatian workers surveyed lacked knowledge about reporting corruption procedures.
The legislation aligns with international standards, following the Committee of Ministers’ recommendation.
Protected Persons and Employers
Protection extends beyond employees to encompass “a wide circle of persons,” including volunteers, students, contract workers, undeclared workers, and job applicants. Both public authority bodies and legal entities are recognized as employers under the act.
Prohibited Retaliation
Employers cannot prevent irregularity reporting or penalize whistleblowers. The law prohibits both direct retaliation—such as termination, salary cuts, and demotion—and subtle forms like assigning meaningless tasks or work unrelated to qualifications.
Employer Obligations
Employers must establish internal reporting mechanisms and appoint confidential persons upon employee request. Those with over 50 staff must implement formal reporting procedures via bylaw. Employers must protect whistleblowers from harmful actions and maintain information confidentiality.
External and Public Disclosure
External reporting to the Ombudsman is permitted when internal reporting is unavailable, ineffective, or poses safety risks. Public disclosure without prior notification is permitted only during imminent threats to life or safety.
Court Protection
Whistleblowers maintain anonymity rights and may seek damages through court proceedings, with burden of proof shifting to employers once probable disadvantageous treatment is demonstrated.