Your rights under Serbia’s Law on Protection of Whistleblowers
People who report corruption, abuse of authority, unlawful conduct, threats to public safety, or other serious violations may face pressure at work or in their community. Serbia’s Law on Protection of Whistleblowers provides a legal framework for making such reports and protects individuals from retaliation when they act within the law.
The legislation is relevant to employees, former employees, job applicants, contractors, volunteers, public officials, and other people who obtain information through a work-related connection. It can apply in both public institutions and private companies, although the correct reporting route depends on the circumstances.
Understanding the available channels, confidentiality rules, deadlines, and remedies can help a person act carefully before a dispute escalates. Legal protection is strongest when the report is supported by reliable information and the whistleblower keeps a clear record of what happened.
What Serbian law treats as whistleblowing
Whistleblowing generally involves disclosing information about a violation of regulations, a breach of human rights, a danger to life, public health or safety, environmental harm, or significant damage to public or private property. The information must relate to conduct that affects the public interest or represents a legally relevant wrongdoing.
A report may concern an act that has already happened, is continuing, or is reasonably expected to happen. The person making the disclosure does not have to prove the entire case before reporting it. However, the whistleblower should have a reasonable basis for believing that the information is accurate and should avoid knowingly making a false accusation.
The law can cover information received through employment, professional engagement, recruitment, volunteering, or another connection with an employer or institution. Protection is therefore not limited to permanent employees. Depending on the facts, people connected to the whistleblower may also receive protection if they suffer retaliation because of the disclosure.
Who can be protected from retaliation
Retaliation is any harmful action or failure to act that places the whistleblower, or a related person, in a less favorable position because of the report. Examples may include dismissal, demotion, reduced pay, unfavorable scheduling, harassment, threats, disciplinary measures, exclusion from work, damage to professional reputation, or denial of contractual rights.
Protection may also be relevant when an employer claims that a decision was based on ordinary business reasons. A sudden transfer, negative evaluation, or termination soon after a report may raise concerns if the employer cannot show a genuine and lawful explanation. Keeping evidence of timing and treatment is therefore important.
Workplace protection should be understood alongside broader equality and anti-discrimination safeguards. A person who reports wrongdoing may also experience unequal treatment connected to sex, disability, ethnicity, union activity, or another protected characteristic. NOMCENTAR’s resource on gender equality rights provides useful context for recognizing overlapping forms of unlawful treatment.
Choosing a reporting channel
Serbian law recognizes internal, external, and public disclosure. Internal whistleblowing means reporting to the employer or an authorized person within the organization. Employers are expected to establish procedures for receiving and handling such reports and to protect the identity of the whistleblower.
External whistleblowing involves reporting to a competent public authority or another body authorized to act on the information. This route may be appropriate when the employer is involved in the suspected wrongdoing, has no reliable internal procedure, or cannot be expected to protect the person reporting.
Public disclosure, such as releasing information to the media or the public, is subject to stricter conditions. It may be justified where there is an immediate threat to life, public health, safety, or the environment, where evidence may be destroyed, or where the person has reasonable grounds to believe that internal or external reporting would expose them to retaliation or fail to address the danger. Public disclosure should be considered carefully because confidentiality may be lost and other legal risks can arise.
| Reporting route | Typical recipient | Main practical concern |
|---|---|---|
| Internal disclosure | Employer or authorized workplace person | The organization must receive, assess, and protect the report |
| External disclosure | Competent public authority | The report should reach an institution with power to investigate or act |
| Public disclosure | Media, civil society, or the public | Stronger conditions apply and identity may become known |
Confidentiality and handling evidence
A whistleblower’s identity should be protected when the law permits confidentiality. Information that could reveal the person’s identity should not be disclosed unnecessarily, particularly to the person accused of wrongdoing. Confidentiality is not always absolute, however, because a court or competent authority may require disclosure under applicable procedural rules.
Before reporting, a person should preserve documents, messages, contracts, payment records, photographs, meeting notes, and other relevant material. Records should be kept lawfully. Accessing systems without authorization, copying confidential business data unrelated to the report, or removing original documents may create separate legal problems.
A practical record should include dates, names, job titles, reported events, recipients of communications, and any changes in treatment after the disclosure. Copies should be stored securely outside the workplace where lawful. Avoid altering files, exaggerating claims, or circulating sensitive material more widely than necessary.
Legal issues can also arise when wrongdoing affects family assets, inheritance, or property administration. NOMCENTAR’s guide to Serbia’s inheritance laws may help readers distinguish a whistleblowing concern from a private succession dispute, while recognizing that the same facts can sometimes involve both public-interest misconduct and individual property rights.
Remedies when retaliation occurs
A person who experiences retaliation may seek protection through court proceedings and may request remedies such as restoration of employment rights, cancellation of an unlawful decision, compensation for material and non-material damage, or other relief recognized by law. The available remedy depends on the action taken and the evidence connecting it to the disclosure.
Courts may examine whether the person reported information covered by the law, whether the employer or another actor knew about the report, and whether the unfavorable treatment followed it. In appropriate circumstances, the whistleblower’s showing of a connection can shift the practical burden to the other side to demonstrate that the action had a legitimate, unrelated reason.
Time limits matter. A person should obtain legal advice promptly after learning about dismissal, disciplinary action, threats, loss of income, or another retaliatory measure. Waiting can affect the ability to challenge a decision, request an urgent measure, or recover damages.
Protection is not a guarantee that every employment dispute will be treated as retaliation. An employer may still take lawful action for genuine performance, organizational, or disciplinary reasons. The central issue is whether the action was actually motivated by the report or by an independent and legally valid reason.
Practical steps before making a report
The safest approach is to plan the disclosure around the facts, the reporting channel, and the protection needed. A short, factual account is usually more effective than a long statement based on assumptions. Identify what happened, when it happened, who may have relevant records, and why the conduct may violate the law or harm the public interest.
Before sending sensitive information, consider whether an authorized person within the organization can be trusted to preserve confidentiality. If the employer is implicated or has failed to respond to earlier concerns, an external authority may be more suitable. Urgent risks to health, safety, life, or the environment require immediate attention rather than a purely procedural approach.
Useful steps include:
- Keep a dated chronology of events, reports, responses, and workplace changes.
- Preserve relevant evidence lawfully and separate personal copies from workplace systems.
- Identify whether the issue concerns public harm, a regulatory violation, discrimination, fraud, safety, or a private dispute.
- Use a reporting channel with authority to investigate and request confidentiality where appropriate.
- Seek independent legal advice before public disclosure, resignation, signing a settlement, or responding to discipline.
NOMCENTAR supports access to legal information and civic participation through free legal aid, educational activities, and community-focused advocacy. Early advice can help a potential whistleblower choose a lawful reporting route, identify retaliation, and avoid actions that could weaken an otherwise valid claim.
If you believe you have witnessed serious wrongdoing or have faced retaliation after reporting it, gather your records and contact NOMCENTAR for information about available legal support. A careful first step can protect both your rights and the public interest.