YOUR VOLTAGE –
(according to HinSchG from 5/31/2023)
Who or what is protected?
The Whistleblower Protection Act (HinSchG) is a law that regulates the protection of whistleblowers in Germany against discrimination in the workplace or in business relationships. It was introduced to encourage and facilitate the disclosure of wrongdoing, corruption, fraud or other unlawful acts.
The law protects various groups of people, including employees and former employees, suppliers and directors. These groups of people are protected because they often have information that may indicate wrongdoing or unlawful acts. The purpose of protecting whistleblowers is to ensure that they can disclose this information without fear of reprisal or retaliation.
Employees and former employees are often the ones who have first-hand knowledge of wrongdoing or unlawful acts within a company. They may, for example, witness corruption, fraud, discrimination or violations of environmental and occupational health and safety regulations. The HinSchG protects them from consequences under labor law, such as termination, transfer or warning, which could serve as retaliation for disclosing such information.
Suppliers may also have important information about unlawful conduct or wrongdoing in relation to their business relationships with companies. The HinSchG protects them from disadvantages such as contract termination or loss of business opportunities if they disclose such information.
Managing directors, especially those who do not have sole decision-making power in the company, can also be affected by disadvantages if they point out grievances or unlawful behavior.
The Condensator Dominit solution for pseudonymous whistleblower protection:
Condensator Dominit is committed to aligning its corporate activities with the highest ethical standards, lawful conduct and the Whistleblower Protection Act. In order for the company to be in the best possible position to maintain an effective reporting mechanism, any whistleblower who reasonably believes that there may be a potential violation of the Employee Handbook / Compliance Guidelines / Laws or similar must immediately submit this in a privacy-compliant manner via the GlobaLeaks platform of the reporting office ‘Rechtsanwaltskanzlei Mühlenbein & Kollegen, contact persons Mr. Mühlenbein or Ms. Krautstrunk, Bahnhofstr. 4, 59929 Brilon, Tel. +49 2961 9742-0’.
Information about the reporting platform:
GlobaLeaks is an open source software that enables secure and anonymous whistleblowing. It was developed by the Hermes Center for Transparency and Digital Human Rights. The offering software service provider and order processor is the company giftGRÜN GmbH, Aachen (Germany).
Which groups of persons in need of protection are covered by the Dominit whistleblowing system:
• Employees, including employees who have already left the company, job applicants, interns, temporary workers
• Self-employed persons providing services, freelancers, contractors, subcontractors, suppliers and their employees
• Shareholders and persons in management bodies
What violations can be reported by whistleblowers?
• The whistleblowing mechanism can be used for a range of situations from possible improprieties to unethical behavior, including but not limited to: Violations of the Condensator Dominit GmbH Employee Handbook and related policies,
• unlawful acts or orders requiring violations of law, mismanagement, abuse of a professional position, significant threats to public health or safety,
• failure to comply with legal obligations in countries where Condensator Dominit operates, any other activities that undermine the company’s business.• Anteilseigner und Personen in Leitungsgremien
The necessary protection is provided
No harassment or unfair treatment of individuals who have raised concerns will be tolerated and the anonymity of these individuals will be preserved unless they have consented to the disclosure of their identity. Furthermore, 100 percent anonymization of the whistleblower is guaranteed through the reporting platform ‘GlobaLeaks’ by the TOM’s in place.
Furthermore, Condensator Dominit GmbH will not make any attempts to uncover the identity of anonymous whistleblowers. Anonymously voiced suspicions and concerns will be investigated by the reporting office ‘Rechtsanwaltskanzlei Mühlenbein und Kollegen’ in a fair and reasonable manner, in accordance with the Condensator Dominit GmbH employee handbook and its guidelines.
The anonymity of the whistleblower will be protected by ‘Rechtsanwaltskanzlei Mühlenbein & Kollegen’, unless:
• the whistleblower consents to the disclosure of his identity,
• disclosure of his or her identity is absolutely necessary to enable the relevant law enforcement authorities to investigate the matter or to respond effectively to the report,
• or applicable law requires identification.
The law firm is entitled to keep the identity of whistleblowers secret from management and the works council if such protection is requested.
Condensator Dominit is fully committed to protecting whistleblowers and will not tolerate in any way any discrimination against whistleblowers by any act or omission relating to the suspicious activity report.
This applies in particular with respect to:
• Continuing education or professional development,
• Promotions, evaluations, the award or loss of position titles,
• disciplinary actions and penalties,
• working conditions,
• the termination of employment,
• earnings or compensation for loss of earnings,
• the payment of bonuses or retirement benefits,
• the transfer or assignment to other duties,
• failure to take action to protect against harassment by others,
• ordering a mandatory medical examination or ordering a fitness-for-duty examination.