Guarantees for the protection of whistleblowers' labor rights: international experience and current national judicial practice

Abstract

The article examines the guarantees of protection of whistleblowers’ labor rights in the context of the fight against corruption. It is noted that guarantees of protection of whistleblowers’ labor rights are a key tool in the fight against corruption. The main problems in their implementation in Ukraine are identified, in particular, there are gaps in the legislation, unclear definitions of terms, complexity of procedures, lack of effective protection mechanisms and insufficient awareness of employees and employers. It is indicated that these shortcomings create barriers to exposing corruption offenses, and also lead to cases of persecution of whistleblowers.

Current judicial practice is considered, in particular the decision of the CCS of the Supreme Court, which emphasizes the importance of protecting whistleblowers from the negative influence of employers. As a result of the study, the willingness of courts to protect the rights of whistleblowers, including reinstatement and compensation for losses, was noted. Such a position of the judiciary helps to strengthen trust in the judicial system and motivates citizens to report corruption.

The main problems identified are: gaps in legislation, lack of effective mechanisms for implementing guarantees, and insufficient awareness among employees and employers. At the same time, positive trends in judicial practice are emphasized, which contribute to strengthening trust in the judicial system. For effective protection of whistleblowers, the article proposes to take measures to improve national legislation, the need to harmonize it with international standards, develop clear procedures for protecting whistleblowers, strengthen responsibility for violations of whistleblowers' rights, create specialized bodies, and implement international standards for protecting whistleblowers.