Whistleblowing - Adrian Med

Whistleblowing

Information for whistleblowers pursuant to Act No. 54/2019 Coll. on the protection of whistleblowers and on amendments to certain acts.

Act No. 54/2019 Coll. regulates the conditions for providing protection to persons in an employment relationship or other similar relationship in connection with the reporting of crime or other anti-social conduct (hereinafter referred to as the “whistleblowing”), as well as the rights and obligations of whistleblowers.

ADRIAN MED, s.r.o. has an internal system in place for investigating the whistleblowing notifications. The whistleblowing directive regulates the procedure for submitting, receiving and investigating whistleblowing notifications (hereinafter referred to as the “notifications”), details of the rights and obligations of the person responsible for verifying the notifications, protecting whistleblowers, maintaining confidentiality while handling the notifications, keeping records of reports and processing personal data.

The responsible person under Act No. 54/2019 Coll. is an organisational unit comprising the following employees of the Company:

MICHAELA LIBIAKOVÁ,
SÁRA MAGNOVÁ,
PhDr. EVA PAPŠOVÁ.

Notifications may be submitted:

In writing, either directly to the responsible person or by mail to the company address, specifying the responsible person as the final recipient. A written notification submitted in person to the company registry office or sent by mail must be submitted or sent in a sealed envelope marked as “Do not open – notification pursuant to Act No. 54/2019 Coll.”
to the e-mail address of the responsible person: info@adrianmed.eu

Details of the notification procedures to the competent authority:

The authority competent to receive the notifications is:

The Whistleblower Protection Office. Notifications may be submitted:

Electronically: https://formular.oznamovatelia.sk/form/mail
By mail/in person at the address: Námestie slobody 29, 811 06 Bratislava

the Public Prosecutor’s Office or
the administrative authority competent to deal with administrative offences constituting serious anti-social conduct under Section 2(d)(3) and (4) of the Act

Information on the protection options under Sections 3, 5 and 12 of the Act:

Provision of protection in criminal proceedings

Section 3

(1) A request for protection when reporting serious anti-social conduct that constitutes a criminal offense may be filed by the whistleblower together with the notification or during criminal proceedings; the request shall be submitted to the prosecutor in writing or orally for the record. If the request for protection of the whistleblower is submitted to another public authority, such authority shall forward it to the prosecutor without any undue delay.

(2) The request for protection pursuant to paragraph 1 shall include the first name, last name, date of birth, and place of residence of the whistleblower submitting the request, the place of work, and the name of the employer; the request shall also include information about any close person, if such close person is employed by the same employer as the whistleblower or is employed by an employer affiliated with the whistleblower’s employer, if the whistleblower requests protection for such close person, too.

Granting protection in proceedings concerning an administrative offence

Section 5

(1) A request for protection when reporting serious anti-social conduct that constitutes an administrative offense may be filed by the whistleblower together with the notification or during the proceedings concerning the administrative offence; the request for protection shall be submitted in writing or orally for the record of the authority competent to conduct the proceedings concerning an administrative offence (hereinafter referred to as the “administrative authority”). If the request for protection for the whistleblower is submitted to another public authority, such authority shall forward it without any undue delay to the authority competent under the first sentence.

Section 12

Suspension of the effect of an employment-related measure

(1)

If a whistleblower believes that an employment-related measure has been taken against him/her in connection with the notification and he/she does not agree with it, he/she may request the authority to suspend the effect of such measure within 15 days of the date on which he/she became aware of the employment-related measure.

(2)

The authority shall immediately suspend the effect of the employment-related measure referred to in paragraph 1 if the deadline set out in paragraph 1 has been complied with and if the employer fails, within a reasonable period specified by the authority, to demonstrate that the employment-related measure has no causal link with the notification. The authority shall issue a confirmation of the suspension of the effect of the employment-related measure and deliver it to the employer and the whistleblower.

(3)

The confirmation referred to in paragraph 2 shall state the name, surname, date of birth and address of the whistleblower, the name of employer and the employment-related measure being suspended. If the authority does not grant the request under paragraph 1, it shall notify the whistleblower in writing of the reasons on which they did not suspend the effect of the employment-related measure.

(4)

The suspension of the effect of the employment-related measure shall take effect on the date of delivery of the confirmation under paragraph 2 to the whistleblower. The enforceability of the decision constituting the employment-related measure shall be deferred by such suspension.

(5)

Upon delivery of the confirmation referred to in paragraph 2, the authority shall inform the whistleblower in writing of the possibility of applying to the court for an emergency injunction and the associated consequences pursuant to paragraph 6.

(6)

The suspension of the effect of the employment-related measure shall expire 30 days after the whistleblower receives the confirmation referred to in paragraph 2. If a motion for an interim injunction is filed with the court within this period, the suspension of the effect of the employment-related measure is extended until the court’s decision on the motion becomes enforceable.