Whistleblower Protection
A protected report within the meaning of the Law on Whistleblower Protection is defined as a report that, in accordance with this law, conveys reasonable suspicion or knowledge that a punishable or other illegal or impermissible act has been committed, is being committed, or is likely to be committed, which violates or threatens the public interest. Public interest is defined as the protection of the fundamental freedoms and rights of man and citizen recognized by international law and established by the Constitution of the Republic of North Macedonia, prevention of risks to health, defense and security, protection of the environment and nature, protection of property and freedom of the market and entrepreneurship, rule of law and prevention of crime and corruption. Categories of persons who may report as whistleblowers include people with an employment relationship of indefinite or fixed term in the institution, i.e., the legal entity for which they report; a candidate for employment, a candidate for volunteer or intern in the institution, i.e., the legal entity for which he/she is reporting; a person who is or was a volunteer or intern in the institution, i.e., the legal entity for which he/she is reporting; a person who is or was engaged on any basis to perform work by the institution, i.e., the legal entity for which he/she is reporting; a person who is or was engaged on any basis to perform work by the institution, i.e., the legal entity for which he/she is reporting; a person who is or was in a business relationship or other relationship of cooperation with the institution, i.e., the legal entity for which he/she is reporting; a person who uses or has used services in the institution, i.e., the legal entity in the public and private sectors for which he/she is reporting. In accordance with this law, the obligation of institutions and legal entities with at least 10 employees is to harmonize their operations with regard to protected reporting and to ensure the protection of whistleblowers. The provisions of the Law provide for misdemeanor sanctions of fines in the amount of 2.000 to 6.000 euros in denar equivalent, both for the legal entity and for the responsible person in the legal entity, for acting contrary to the obligations of the Law, which, among other things, refer to the adoption of internal acts for protected reporting, the appointment of an authorized person for receiving reports from whistleblowers and acting on reports in accordance with the established procedures.
What guidelines and what obligations are provided for?
The Law on Whistleblower Protection stipulates that the whistleblower shall make a protected internal report orally on a record or in writing to the person authorized by the managing person in the institution, i.e., the legal entity for which he/she is reporting. In the institution, i.e., the legal entity, where there is no authorized person for receiving reports from whistleblowers, the protected internal report shall be made to the managing person of the institution, i.e., the legal entity. Legal entities in the private sector with at least ten employees shall regulate protected internal reporting in accordance with the Law on Whistleblower Protection by an internal act.
Person responsible for internal and external reporting of whistleblowers
Vladimir Dimitrievski
contact: 070/69 69 86
e-mail: vladimir@bp.gov.mk
Law on Whistleblower Protection
Law on Whistleblower Protection – 2016
Instructions
Rulebooks
Rulebook on protected internal reporting in the public sector
Rulebook on protected external reporting in the private sector
Rulebook on protected external reporting
Annual plans
Annual plan for assessment and management of corruption risks 2023
Annual plan for assessment and management of corruption risks 2022