Summary
As an employee of the school, you may be the first to realise that there may be something wrong within the organisation. However, you may not express your concerns because you may feel unloyal to your colleagues and the organisation. You may also feel scared of harassment and think that it is easier to ignore the problem rather than report it.
The leaders of the school are committed to the highest standards of openness, probity and accountability. In line with that commitment, we encourage employees who have serious concerns about any aspect of the school's work to come forward and voice those concerns.
All cases will be handled under strict confidentiality. This Whistle-blowing Policy is intended to encourage and enable staff of the school to raise serious concerns within the school rather than overlooking a problem or discussing it externally.
Aims and Scope of the Policy
This policy provides you with avenues to raise your concerns and receive feedback on any action taken and allows you to take the matter further if you are dissatisfied with the school’s response.
Applicable Legislation
The Law of Protection Persons Reporting or Publicly Disclosing Information on Violations (LPPRPDIV).
This policy cannot contradict the provisions of the LPPRPDIV. In case of any conflict, the provisions of the LPPRPDIV, as well as any subordinate legislative acts, administrative acts, and guidelines issued by the national supervisory authority – the Commission for Personal Data Protection (CPDP) – shall apply. The policy will be updated in accordance with any amendments and supplements to the LPPRPDIV, subordinate legislative acts, administrative acts, and guidelines issued by the CPDP when such are issued and come into force which affect the content of the policy.
The legal definitions used by the LPPRPDIV and this policy are as follows:
„Internal reporting" is the oral or written communication of information about violations within the School. „External reporting" is the oral or written communication of information about violations to the competent state or local authorities. „Violations" are actions or inactions that are: a) unlawful and related to Bulgarian legislation or the acts of the European Union in the areas specified in Article 3 of the LPPRPDIV, or
b) contrary to the purpose or objective of the rules in the acts of the European Union and the areas specified in Article 3 of the LPPRPDIV.
„Violation information” is information, including reasonable suspicions about actual or potential violations that have been committed or are likely to be committed within the organization where the whistleblower works or has worked, or within another organization with which they have been in contact during their employment, also includes attempts to conceal violations. „Sufficient data" refers to data from which a reasonable assumption can be made about a violation falling within the scope of LPPRPDIV. „Clearly insignificant violation" occurs when the violation reveals an obviously low degree of public danger due to the absence or insignificance of harmful consequences. „Durable carrier" means any carrier that allows the School or the Commission to store information, enabling its easy future use for a period corresponding to the purposes for which the information is intended and allowing the unchanged reproduction of the stored information. „Subsequent actions" are any actions taken by the recipient of the report or by a competent authority to assess the accuracy of the claims presented in the report and, as appropriate to address the reported violation, including actions such as internal inquiries, investigations, criminal prosecution, measures to secure assets, or closure of procedures. Retaliatory actions" are any direct or indirect actions or inactions occurring in a work context, triggered by an internal or external report or public disclosure, which cause or may cause adverse consequences affecting the whistleblower. "Persons connected with the whistleblower" are third parties who may be subjected to retaliatory actions in a work context, such as colleagues or relatives without limitation to degree. „"Work context" includes present or past work activities in the public or private sector through which individuals, regardless of their nature, obtain information about violations and within which these individuals may be subjected to retaliatory actions if they report such information. Procedure
Protection under LPPRPDIV is provided to the whistleblower from the moment they submit a report or publicly disclose information about a violation.
A whistleblower is a person who submits a report or publicly discloses information about a violation they became aware of in their capacity of:
an employee, worker, civil servant, or any other person performing work, regardless of the nature of the work, payment method, or funding source. a person performing work without an employment relationship and/or practicing a liberal profession and/or craft. volunteer or internship. partner, shareholder, owner of the capital, member of the management or control body of a commercial company, member of the audit committee of the enterprise. person who works for a natural or legal person, its subcontractors or suppliers. a job candidate who participated in a competition or other form of selection for employment and in this capacity received information about a violation. a worker or an employee, when the information was obtained within the framework of an employment or service relationship that was terminated at the time of reporting or public disclosure; Protection is also provided to any other whistleblower who reports a violation that has become known to him in a working context.
Protection is provided to:
1.Persons who help the reporting person in the process of reporting;
Persons who are related to the whistleblower and who may be subject to repressive retaliation due to the whistle. Legal entities in which the whistleblower has a shareholding for which he works or with which he is otherwise connected in a work context. Person signalizing through an internal or external channel is entitled to protection when:
had a good reason to believe that the submitted information about the violation in the report was correct at the time of its submission and that this information falls within the scope of Article 3 of the LPPRPDIV; has filed a violation report under the terms and conditions of the LPPRPDIV and these Rules. If the above conditions are present, the person who files a report of a violation under Article 3 of the LPPRPDIV to institutions, bodies, services or agencies of the European Union has the right of protection. Such reporting shall be considered external channeling.
A person who publicly discloses information about a violation has the right to protection under the LPPRPDIV, when he had a good reason to believe that the information about the violation was correct at the time of its publication and that this information falls within the scope of Article 3 of the LPPRPDIV, and any of the following conditions are met:
The person filed a report under the conditions and according to the procedure of ZZLPSPOIN, but no relevant actions were taken on the report within the terms established by law. The person has reason to believe that: the violation may represent an immediate or clear danger to the public interest or there is a risk of damage that cannot be remedied; б) in case of external reporting, there is a risk of retaliation or there is a possibility that the violation will not be effectively dealt with due to the danger of concealment or destruction of evidence, suspicion of collusion between the competent authority and the perpetrator of the violation, or of complicity of the authority in the violation, as well as due to other specific concrete circumstances of the case.
INTERNAL SIGNALS FEED LINE
The CEO of the company designates by an order, the Legal Advisor, who is responsible for handling reports under LPPRPDIV.
The Legal Advisor should not be in a conflict of interest for each considered case which this person certifies with a declaration for each individual case.
The report of a violation is submitted to the Legal Advisor, responsible for handling reports under LPPRPDIV.
The violation report can be submitted:
in writing, including by e-mail; in oral form, including by telephone, through other voice communication systems, and at the request of the whistleblower - through a personal meeting in a suitable time agreed between the parties. For the registration of reports, the school uses forms based on a template approved by the national institute for external reporting of signals – the Commission for Personal Data Protection which contains at least the following information:
1. Full name, address, phone number of the reporter, and an email address if available.
2.The names of the person against whom the report is being filed and their place of employment if the report is filed against specific individuals and they are known. 3. Specific details of the violation or the real danger of such a violation occurring, the place and period of the violation, a description of the act or situation, and other circumstances to the extent they are known to the reporting person. 4.Date of filing the report. 5. Signature, electronic signature, or other identification of the reporter.
The written report is submitted by the reporter by filling out the form described above.
The oral report is documented by having the form filled out by the Legal Advisor, responsible for handling reports under the Law on the Protection of Whistleblowers (LPPRPDIV) who offers the reporter the option to sign it if they wish to do so.
Any type of information sources supporting the claims made in the report and/or references to documents may be attached to the report, including details of individuals who could confirm the reported information or provide additional information.
If the report does not meet the content requirements of the Law on the Protection of Whistleblowers (LPPRPDIV) and these Rules, the Legal Advisor, responsible for handling reports under the Law on the Protection of Whistleblowers sends a notice to the reporting person to correct the deficiencies within 7 days of receiving the report.
If the deficiencies are not corrected within this period, the report, along with its attachments, is returned to the reporting person.
All reports of violations are recorded in the Electronic Register of Reports submitted under the Law on the Protection of Whistleblowers (LPPRPDIV). The register contains information about:
The person who received the report; The date when the report was submitted; The affected person if such information is included in the report; Summarized details of the alleged violation such as the place and period of the violation, description of the act, and other circumstances under which it was committed; The connection of the submitted report with other reports once established during the processing of the report; Information provided as feedback to the person who submitted the report and the date it was provided; Follow-up actions taken; Results of the investigation of the report; The period of storage of the report. The information entered in the register is stored to ensure its confidentiality and security.
No consideration for reports of violations when:
anonymous signals. reports relating to violations committed more than two years ago. Persons who have anonymously reported a violation, who have subsequently been identified and have become subject to repressive retaliation, are entitled to protection under the terms and conditions of the LPPRPDIV. The Legal Advisor responsible for handling reports under the Law on the Protection of Whistleblowers (LPPRPDIV) must:
Receive and acknowledge receipt of the reports within 7 days of receiving the report; Ensure that the identity of the whistleblower and any other person mentioned in the report is duly protected and take necessary measures to limit access to the report by unauthorized persons; Maintain communication with the whistleblower, requesting additional information from them and third parties when necessary; Provide feedback to the whistleblower on the actions taken within a period not exceeding three months from the acknowledgment of receipt of the report; Provide clear and easily accessible information to individuals wishing to submit a report about the procedures for external reporting to the competent national authority – the Commission for Personal Data Protection and where appropriate to the institutions, bodies, offices, and agencies of the European Union; Document oral reports of violations submitted under the procedures of the Law on Protection of Persons Reporting Public Disclosure of Irregularities and Violations (LPPRPDIV); Maintain, manage, and store the registry of reports submitted under the procedures of LPPRPDIV in the school; Hear the person against whom the report is made, or accept their written explanations, and collect and evaluate the evidence provided by them; Provide the affected person with all collected evidence and give them the opportunity to respond to it within a 7-day period, while ensuring the protection of the whistleblower; Provide the affected person the opportunity to present and indicate new evidence to be collected during the investigation; In case the facts reported under LPPRPDIV are confirmed, organize subsequent actions related to the report, and may request the assistance of other individuals in the school; Propose specific measures to the company manager to stop or prevent the violation when such is found or there is a real risk of its imminent commission; Refer the whistleblower to the competent authorities when their rights are affected; Forward the report to the external reporting body if action is required from it notifying the whistleblower in advance of the referral; In case the report is filed against the employer of the whistleblower, direct the individual to simultaneously report to the external reporting body; After the actions specified above, the School shall undertake the following subsequent actions:
Based on the received report and the recommendations of the Legal Advisor, responsible for handling reports under the Law on Protection of Persons Reporting Public Disclosure of Irregularities and Violations (LPPRPDIV), take actions within its competence to cease the violation or prevent it if it has not yet occurred. Prioritize the review of multiple reports of more serious violations according to pre-established criteria and rules. Terminates the investigation: а) When the violation reported is minor and does not necessitate additional subsequent actions; the termination does not affect other obligations or applicable procedures related to the reported violation, nor the protection under this law regarding internal or external reporting of violations;
b) For a repetitive report that does not contain new information of substantial importance regarding a violation for which an investigation has already been concluded, unless new legal or factual circumstances justify subsequent actions.
c) When evidence of a committed crime is found, the report and related materials shall be immediately forwarded to the authorities.
Prepare an individual report briefly describing the information from the report, the actions taken and the results of the investigation which along with the reasons shall be communicated to the reporting employee and the affected person while ensuring their protection.
The School shall take measures to protect the information related to submitted reports of violations and to safeguard the identity of the whistleblowers, ensuring that access to such information is granted only to employees who require it to perform their official duties.
The identity of the whistleblower and any other information that may directly or indirectly reveal their identity may only be disclosed when it is a necessary and proportionate obligation imposed by Bulgarian law or European Union law in the context of investigations by national authorities or judicial proceedings, including to ensure the right of defence of the affected person. In such cases, the School shall notify the whistleblower of the need to disclose their identity and the related information. The notification shall be in writing and shall provide reasons. The whistleblower shall not be notified if such notification would jeopardize the investigation or judicial proceedings.
Disclosure of the whistleblower's identity is permitted only with the explicit written consent of the whistleblower.
All processing of personal data in the execution of the activities described in these Rules shall be carried out in strict compliance with European and national data protection legislation.
MEASURES ENSURING PROTECTION
Any form of retaliatory action against persons who are granted protection under the terms and conditions of the Law on Protection of Persons Reporting Public Disclosure of Irregularities and Violations (ZLPPSOIN) is prohibited. This includes actions that are repressive in nature and place them at a disadvantage, as well as threats or attempts to undertake such actions, including but not limited to:
Temporary suspension, dismissal, or application of any other grounds for termination of the employment relationship; Demotion or delay in promotion; Change in the place or nature of work, reduction in working hours or reduction in remuneration; Denial of training opportunities for maintaining and enhancing the professional qualifications of the employee; Negative performance evaluations including in job references; Imposition of property and/or disciplinary liability including disciplinary sanctions; Coercion, threats of retaliatory actions or actions expressed physically, verbally, or otherwise aimed at undermining the person’s dignity and creating a hostile professional environment; Direct or indirect discrimination, unequal or unfavorable treatment; Denial of the opportunity to transition from a fixed-term employment contract to an indefinite-term employment contract when the employee has the legal right to be offered permanent employment; Premature termination of a fixed-term employment contract or refusal to renew it when such renewal is legally permissible; Damages including to the person’s reputation, particularly on social media or financial losses including loss of business and income; Inclusion in a list based on an official or unofficial agreement within a sector or industry which may prevent the person from obtaining employment or supplying goods or services within that sector or industry (blacklisting); Premature termination or cancellation of a contract for the supply of goods or services when the person is a supplier; Revocation of a license or permit; Requiring the person to undergo a medical examination. Persons granted protection under the terms and conditions of the LPPRPDIV are entitled to access the following support measures:
Free and accessible information and advice regarding the procedures and protection measures under Articles 36, 37, 38, and 39 of the LPPRPDIV (provided by the Commission for Personal Data Protection). Assistance before any authority necessary for their protection against retaliatory actions, including duly notifying the fact that they are entitled to protection under this law (provided by the Commission for Personal Data Protection). Legal assistance in criminal, civil, administrative, and international civil disputes related to the protection of the whistleblower in connection with the submitted report or disclosed information in accordance with the Legal Act (provided by the National Bureau for Legal Aid); Extrajudicial resolution of cross-border disputes through mediation in accordance with the Mediation Act (provided by a mediator registered in the Unified Register of Mediators). Whistleblowers shall not be held liable for the acquisition of the information reported or publicly disclosed or for access to such information, provided that such acquisition or access does not constitute an independent criminal offense.
Whistleblowers shall not be held liable for breaching disclosure restrictions stipulated by contract, statutory or regulatory act or administrative act, provided that they have reasonable grounds to believe that reporting or publicly disclosing the information was necessary to reveal the violation.
The whistleblower shall be held liable under Bulgarian law and Union law for actions or omissions that are unrelated to the reporting of the violation or are not necessary to disclose the violation.
FINAL PROVISIONS
These internal rules have been approved by Order No. 318-1/03.05.2023 from the CEO of St. George International School and Preschool.
