Module Learning Objective

recognise the work-related relationships relevant to whistleblower protection

1. Regulatory Concept & Core Standards

In this video we will work through a concrete decision: recognise the work-related relationships relevant to whistleblower protection. The aim is to explain the criterion used and apply it to a workplace situation. We will start with the concept, move to the procedure and finish with a case to solve. The national regime has its own scope and conditions. An organisation may accept a broader range of concerns under its policy, but this does not mean that all of them automatically receive the same legal protection. The assessment distinguishes receiving information, following it up and respecting people's rights. The law of 16 May 2023 governs the reporting channel. Proposed risk plans, codes, calendars and control tools are organisational good practice unless a separate applicable rule creates a duty. Public-service or public-procurement requirements must not be generalised to every private business.

Under article 2 of Luxembourg's law, the person reports information obtained in a work-related context. The protected categories include current or former employees, self-employed people, shareholders, governing-body members, volunteers, trainees and people working under contractors, subcontractors or suppliers, subject to the statutory conditions. Recruitment and other pre-contractual stages can also be relevant. The law also addresses facilitators and connected people exposed to retaliation. Distinguish this personal scope from the subject matter and the conditions in article 4.

Apply the following rule: The law protects reports of breaches of national law and directly applicable EU law learned about in a work-related context. Articles 1 to 4 define scope, protected persons, exclusions and protection conditions. These include reasonable grounds to believe, at the time of reporting, that the information was true and within scope. National security and protected professional secrecy are among the limits or exclusions. An internal policy does not replace this assessment.

2. Practical Implementation & Procedure

Establish how the person learned about the facts. Distinguish the work-related relationship from the subject matter of the breach: these are separate questions. Collect the necessary information and apply the national rules on identity and anonymity. Also consider facilitators and connected third parties who may face retaliation, without collecting information about every personal contact. Before moving on, turn this procedure into a sequence you could explain to a colleague. Identify the first check, the action that depends on its outcome and the record that allows the decision to be reconstructed. Follow the sequence on screen and identify the point where an error would change the result.

3. Case Study & Compliance Action

A technician employed by a subcontractor observes possible manipulation of results while providing a service. A former employee reports facts learned before leaving. Neither person can be excluded merely because they are not currently on the organisation's staff. A consumer complaint, however, requires a different assessment of scope. Now read the case carefully. Separate established facts from information you would still need to confirm. Do not add motives or events that have not been described. This distinction matters when choosing a response proportionate to the information available.

The exercise is as follows: Should a former employee's report be rejected solely because the contract has ended? Choose an answer and write one sentence explaining it. During the pause, compare your choice with the criteria we have just considered. Also think about the material you would retain to explain the decision later.

No. The law covers information obtained through a work-related relationship that has since ended. Assess the source of the information, the scope of the breach and the remaining conditions for protection, preserving confidentiality throughout the assessment.

One mistake to avoid is: equating whistleblower status with being a current employee of the organisation.

Now apply the national rule to a second decision. A report is automatically classified as protected because it contains the word corruption. What check is missing?

Read the facts and apply the national scope, context and conditions for protection. A form label helps organise information but does not determine the legal framework. If the case falls outside the regime, identify an appropriate route without unnecessarily disclosing information.

National Legal Framework: Loi du 16 mai 2023 (Lanceurs d’alerte), transposing Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.