New law on the protection of whistleblowers

New legislation adopted

Author: Anna Jerndorf, Partner and Employment Manager – TM & Partners

On 17 December 2021, the new Whistleblowing Act (2021: 890) entered into force, implementing the EU Whistleblowing Directive (2019/1937). The new law provides protection for persons who in a work-related context have received or obtained information about violations of EU legislation or misconduct and report it. The protection will also apply to other persons (other than the notifying person) who assist the notifying party, as well as legal persons related to the notifying person. The protection consists of discharge from liability and a ban on obstructive measures and retaliation.

From 17 July 2022, public employers with at least 50 employees and private employers with at least 250 employees will have an internal whistleblower function. From 17 December 2023, the requirement also applies to private employers with at least 50 employees.

The Digital Labor Platform was not considered a recent employer

Precedent decision by the judiciary or supervisory authority

Author: Anna Jerndorf, Partner and Employment Manager – TM & Partners

The Court of Appeal in Gothenburg has in a recent ruling upheld the Administrative Court’s previous ruling that a digital work platform is not responsible for the work environment as it cannot be considered an employer and the company is therefore not obliged to take measures to improve the work environment requested by the Swedish Work Environment Authority.

The company provides a mobile application where a number of everyday services are mediated between people who offer to provide the services (contractors) and people who hire them (customers) and charge a brokerage fee based on the compensation agreed between the contractor and the customer. The court found that the company only seems to help users by providing a payment system, insurance, service and opportunities to rate. As the company can not be considered an employer, no work environment liability can be imposed. The Swedish Work Environment Authority’s decision must therefore be revoked.