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As per german law, how would whistle blower should be

Hi, as per german law...
Hi, as per german law, how would whistle blower should be protected? Would firing a whistle blower for just a "business" reason acceptable even though his performance was great (as attested by management) ?
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9/26/2017
legal eagle
legal eagle, Attorney
Category: German Law
Satisfied Customers: 17,375
Experience: 20 years of experience in all kinds of law, especially employment law and family law.
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Dear Customer,

thank you so much for your questions

I would need to know more about the exact circumstances

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Customer reply replied 4 months ago
Hi Again, I an employee of a german based company staying in middle east. I'm also an ex-whistle blower for a corruption case in middle east (local company management involved). Since then I was in trouble, the last thing they did was to end his employment simply because I refused to relocate to another country (documented). I feel that this a retiliation case, but company says no retiliation. Any legal advise for that ?

Dear Customer,

thankyou so much for your respoense.

According to German Law whistle blowing does not justify a termination of the contract if there is a crime ivolved which the employer knew about.

In all other cases the employee has to try first to clarify things with his employer.

The European Court for Human Rights however granted damages to the employee because freedom of speech was violated

The Court was however of the opinion that the employee has to try first to talk to the employer

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Customer reply replied 4 months ago
What I meant to say, i whistle blowed to the compliance team in my company; however, the fired me after 4 years for not "relocating to another country". For this i beleive that they fired me as a retiliation for my whistle blowing... how can the German law help me?

Dear Cutomer,

is relocation in your employment contract ?

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Customer reply replied 4 months ago
Hi ,
No it's not. It actually even requires signing a new contract with the the new local organization that belongs to the same german company.

Then firing you because of that was illegal. You could go to court within three weeks of getting written notice if you are subject to German jurisdiction

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I hope I was able to help you. Should you have any further questions please be my guest. I shall try to answer them as soon as possible. If i have helped I would very much appreciate getting a positive rating. This is how I get credit for my work . Thank you so much, your business is very valuable to us.

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Customer reply replied 4 months ago
Unfortunately, I don't think I will be subject to German jurisdiction within labour law as my contract is with the local organization of the company here in Kuwait (there was however an internal contract between entity in Kuwait and entity in Germany for hiring me locally)I was hoping that anti-corruption law will save my job (as a whistle blower) specially that I was doing very good at work and there was nothing wrong at all (documented by HR)I asked them to open a retiliation case, they say this is not a retiliation. I asked compliance team to officially open a case they are now not answering my email (more than 6 emails and 3 calls)Do you think that anti-corruption law will protect my job? Do you think that company should at least reward me for whistle blowing (to their compliance team)? During the whistle blowing time i went into very bad days and nights with so much stress and fear, the bad management people tried a lot to put me in troubleP.S I will be happy to submit my rating soon

If you work in Kuwait you are not subjct to German Law but subject to the local jurisduction in Kuwait

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Customer reply replied 4 months ago
there is no legal responsibility for this company in Germany toward a whistle blower outside Germany ?

You do not have German jurisdiction because you work outside Germany

But the company is still responsible

legal eagle
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