According to statistics of the State Chancellery, only every fourth application drawn up as a whistleblower’s report, presents the signs of whistleblowing. Most often, the information on the particular case has not been obtained in the working environment and while in the employment relationship with the company or authority where the case has been observed. Therefore, the “Employee is not a Trifle” campaign will explain the essence, system and possibilities of whistleblowing, which allows every resident of Latvia who is in employment relationship to eliminate injustices that affect the well-being and growth of the whole society.
Whistleblowing is particularly relevant today to prevent infringements that could threaten public health during the Covid-19 pandemic, for example in situations where national safety measures and restrictions are not respected. Risks posed to public health are one of the areas of public interest, which is particularly highlighted in the Whistleblowing Law. It is important to remember that the failure to comply with the epidemiological safety measures at workplace can also be a reason for whistleblowing. The threat to public order is also addressed by the law, and can give grounds for whistleblowing, particularly during the Covid-19 pandemic. The whistleblowing has to be applied regarding tax evasion. Unfortunately, the year 2020 higlighted the negative consequences for people for whom no taxes have been paid by their employer – the possibility of using state aid mechanisms is being denied or reduced.
As from 1 May 2019, when the Whistleblowing Law entered into force, providing for a mechanism for informing the competent authorities and protection of whistleblowers, 435 applications were received by the end of the year. Only a little more than a quarter – 119 applications, were compliant to the nature of whistleblowing. There is a desire in society to prevent a variety of irregularities, as indicated by a survey of residents conducted in November 2020 *: 70% of Latvian residents are prepared to engage in order to improve their lives in Latvia, but more than half do not know what to do if violations at workplace have been observed, which threaten the public interest, and only one in ten respondents has used whistleblowing to inform about irregularities at workplace. The statistics of 2020 on the number of applications received and the proportion of reports that correspond to the nature of whistleblowing will be compiled and published in the first quarter of this year.
Full awareness of whistleblowing in Latvia has yet to be formed: 8% of respondents acknowledge that they do not know what the whistleblowing is, while 36% believe that whistleblowing is reporting about infringement of personal interests, disagreements at work, or a violation of interests of friends, acquaintances, neighbours or colleagues. The Whistleblowing Law does not, however, apply to the settlement of private disagreements or the protection of personal interests.
The whistleblowing can and should be used. To blow a whistle means not to remain silent if we face abusive violations of public interest in the working environment, but to draw attention to the employer, the responsible national authority or journalists, in case they fail to react.
“Whistleblowing is the way for everyone to engage in making the environment of Latvia more legal and life for the society better. Violations at workplace can be very diverse – environmental hazards, risks to public health, relatives appointed to posts without competition and competence, systematic non-compliance with safety at work, tax fraud, etc. They affect not only the employees of the company or institution but the whole society. By remaining silent and tolerant, we are observers of unjust conduct. However, each of us is a part of the society we live in, and our actions can have an impact if we are active. “It is in our hands to change things for better,” recalls Inese Kušķe, Consultant for Good Governance Affairs at the Public Administration Policy Department of the State Chancellery.
According to the people of Latvia, whistleblowing can and should be used for offences such as corruption (90%), inaction, negligence or use of service position by officials (87%), and waste of state money or property (86%). The nature of whistleblowing reports is also indicative of this trend: last year 36 applications fell within competence of the State Revenue Service, the Corruption Prevention and Combating Bureau received 18 applications, the State Labour Inspectorate – 8, while the Procurement Monitoring Bureau – 7 applications that correspond to the signs of whistleblowing. Tax evasion is the area that is most often addressed by whistleblowing – almost one third or 30.7%.
One of the objectives of the campaign is to encourage more frequent use of the internal whistleblowing mechanism. It had to be introduced in all institutions from 1 May 2019, as well as in undertakings and other organisations in the private sector with at least 50 employees. According to the survey, every fourth respondent would now use the internal whistleblowing mechanism. An equal number of respondents would choose to blow a whistle directly to the competent authority, and the same proportion of respondents would use the possibility of submitting a whistleblower’s report on the website:www.trauksmescelejs.lv.
“Any of these types is correct. However, whistleblowing within a company can help solve the problem more quickly than going the long way and addressing the competent authorities. If there is no such a system at workplace, the person is not convinced that it will help or is threatened, it is important to inform the competent authorities directly, depending on the type of infringement observed,” stresses Inese Kušķe.
According to the survey, a total of 48% of the population would know how to proceed when they face irregularities at workplace. However, 14% of respondents have not reported the irregularities at workplace because they do not believe that anything will change. However, the majority or 45% of respondents are convinced that whistleblowing can help solve some important problem for the Latvian society.
More detailed information on whistleblowing and guarantees for whistleblower protection, as well as a list of competent authorities is available on the website: www.trauksmescelejs.lv.
* The survey was conducted in November 2020 by Norstat, surveying 1001 residents of Latvia aged 18-64.