Protection from retaliation

Anyone who reports permissibly under the Whistleblower Protection Act must never be disadvantaged for doing so.

Conditions of protection (§ 33 HinSchG)

You are protected if you reported internally via this Kummerkasten or externally to the federal reporting office, had, at the time of reporting, sufficient reason to believe that the reported information was true, and the report concerns violations falling within the scope of the HinSchG.

Prohibition of retaliation (§ 36 (1) HinSchG)

Retaliation against reporting persons is prohibited, as is the threat of and attempt at retaliation. This includes, in particular, dismissal, warnings, transfer, denial of promotion, disciplinary measures, bullying, discrimination, damage to reputation, and causing financial loss.

Reversal of the burden of proof (§ 36 (2) HinSchG)

If you suffer a disadvantage in connection with your professional activity and claim to have suffered it as a result of your report, the law presumes that this is retaliation. The person who disadvantaged you must then prove that the measure was based on sufficiently justified grounds or was not related to the report.

Compensation (§ 37 HinSchG)

In the event of a violation of the prohibition of retaliation, you are entitled to compensation for the resulting damage.

Limits of protection (§ 38 HinSchG)

Anyone who knowingly reports false information does not enjoy this protection and may themselves be liable for the resulting damage. Protection therefore always requires that you report in good faith and with sufficient reason to believe your information is accurate.