A whistleblower is a person who raises the alarm about misconduct in the workplace. Below is a description of who can report misconduct, in which situations it is relevant, and how a report is handled at Transtema.
Employees, including temporary workers, have the right to report misconduct within the company. Unlike before, a broader range of individuals is now entitled to report and receive protection when disclosing misconduct. This protection extends to job applicants, volunteers, interns, consultants, subcontractors, company management, active shareholders, and others performing work covered by the law, cf. the Working Environment Act §1-6. Protection is also granted to those assisting a whistleblower, including union representatives, safety representatives, and colleagues.
Misconduct refers to actions that violate legal regulations, our ethical guidelines, or ethical norms generally accepted in society. For misconduct to be considered of public interest, the information must be relevant to society as a whole and not solely to the whistleblower. Typical examples include threats to life or health, risks to the climate and environment, corruption or other financial crimes, abuse of authority, unsafe working conditions (including discrimination), or breaches of data protection regulations.
Expressions concerning matters related solely to an employee’s own work conditions (such as salary, bonuses, dissatisfaction with work assignments, etc.) are not considered misconduct.
Employees can always report internally to their employer. Anyone wishing to report misconduct may contact the employer verbally or in writing, but the report must be submitted through Transtema’s whistleblowing system to ensure uniform and proper handling.
Reports can also be made through a safety representative, union representative, or lawyer if the employee prefers.
Employees can always report externally to a public supervisory authority or another public body. However, external reporting to the media or the public is only permitted if all three of the following criteria are met:
The employer bears the burden of proof in demonstrating that reporting has occurred in violation of the rules set out in the Working Environment Act §§2 A-1 and 2 A-2.
When reporting, information regarding the whistleblower’s identity must be kept confidential. This ensures protection for the whistleblower, with clear requirements on how reported information must be handled.
The whistleblower must not face retaliation in the form of punishment, reprisals, or reprimands. A whistleblower cannot be held liable for breaching confidentiality agreements, such as non-disclosure agreements, when reporting misconduct. Additionally, no one may obstruct or attempt to obstruct a person from reporting misconduct.
The reporting system must include clear internal procedures for receiving reports, following up on reports, and providing feedback. As a general rule, reports should be acknowledged within seven days, and feedback should be provided within three months. The follow-up process should be conducted with due care, depending on the circumstances of each case and the type of misconduct reported. Feedback to the whistleblower should typically include information on the investigative steps taken and the conclusions drawn from the investigation. It is sufficient for the whistleblower to have access to the feedback.
The Transtema Group will use an external party to ensure that the whistleblowing function is handled correctly in accordance with legal requirements. This means that the individuals managing reports will be able to receive reports, initiate investigative actions, provide feedback to the reporting person, and close cases without requiring approval from the company.
Individuals wishing to report misconduct may always contact their employer verbally or in writing, but the report must then be entered into Transtema’s whistleblowing system to ensure consistent and proper processing.
Report Misconduct