TY - JOUR
T1 - Las medidas de protección contra las represalias a la persona informante de infracciones en la Ley 2/2023 y su proyección sobre la relación laboral y funcionarial
AU - Del Rey Guanter, Salvador
N1 - Publisher Copyright:
© 2023, LA LEY Soluciones Legales, S.A.. All rights reserved.
PY - 2023/11
Y1 - 2023/11
N2 - The Spanish Act 2/2023 on the protection of persons who report regulatory infractions considers that its axis is the protection measures for such persons, since this is essential in order to encourage communications of such infractions to be made for the promotion by the civil society itself of the Rule of Law, the fundamental purpose of the norm. In this way, this work analyzes the essential protection measure that is the prohibition of retaliation against informants and is main effect, the legal nullity of such measure. The Act additionally exempts informants from responsibility for violations of legal or contractual obligations of confidentiality when revealing breaches of law. It is also an important protective measure that the procedural position of informants is facilitated when it comes to demanding compensation for damages caused to them or when they are the ones demanded for damages caused for communications of infractions carried out according to the Act. When these informants are workers or civil servants, these measures of protection will have very important consequences for their rights and obligations, including a redefinition of their duties of loyalty or good faith and of the application of managerial and disciplinary powers of their employers.
AB - The Spanish Act 2/2023 on the protection of persons who report regulatory infractions considers that its axis is the protection measures for such persons, since this is essential in order to encourage communications of such infractions to be made for the promotion by the civil society itself of the Rule of Law, the fundamental purpose of the norm. In this way, this work analyzes the essential protection measure that is the prohibition of retaliation against informants and is main effect, the legal nullity of such measure. The Act additionally exempts informants from responsibility for violations of legal or contractual obligations of confidentiality when revealing breaches of law. It is also an important protective measure that the procedural position of informants is facilitated when it comes to demanding compensation for damages caused to them or when they are the ones demanded for damages caused for communications of infractions carried out according to the Act. When these informants are workers or civil servants, these measures of protection will have very important consequences for their rights and obligations, including a redefinition of their duties of loyalty or good faith and of the application of managerial and disciplinary powers of their employers.
KW - Concept and types of retaliation
KW - Limitations on the duty of confidentiality
KW - Protection of workers and civil servants
KW - Responsibility of informants in administrative and judicial procedures
UR - http://www.scopus.com/inward/record.url?scp=85178361819&partnerID=8YFLogxK
M3 - Artículo
AN - SCOPUS:85178361819
SN - 2386-8112
VL - 2023
JO - Trabajo y Derecho
JF - Trabajo y Derecho
IS - 107
ER -