Analyzing Whistleblowing Provisions in Turkish Law in the European Context
Hasan Kayırgan, Mustafa NalbantWhistleblowing at the workplace is the act of reporting or disclosing information about illegal, unethical, or improper activities occurring within an organization. This disclosure can be made by an employee or any member of the organization who has access to confidential information. Whistleblowing aims to expose misconduct that might otherwise remain hidden, such as fraud, corruption, safety violations, and other forms of malpractise, to protect public interest and ensure accountability. It often involves notifying higher authorities, regulatory bodies, or the public about wrongdoing. This act of notification is crucial for workplace transparency and accountability. However, balancing the duty of loyalty owed by employees to their employer with their right to freedom of expression poses significant challenges. Determining which actions are protected by whistleblowing principles is vital for maintaining this balance. Concerning this issue, the European Court of Human Rights (ECtHR) has developed a checklist to assess which whistleblowing actions warrant protection. This research analyzes Turkish regulations concerning workplace whistleblowing considering the ECtHR’s decisions. By examining the alignment of Turkish provisions with international standards, this study seeks to provide comprehensive insights into current laws’ protection of whistleblowers while ensuring organizational integrity.
