Reporting of a work-related breach and conflict

1. a person working for East Tallinn Central Hospital on the basis of an employment contract or another contract under the law of obligations;

2. a person providing a service as a sole proprietor;

3. a member of the management and control body of East Tallinn Central Hospital;

4. a shareholder of East Tallinn Central Hospital;

5. a person acting as a volunteer;

6. a person undergoing training and residency at East Tallinn Central Hospital;

7. a person in pre-contractual negotiations with East Tallinn Central Hospital or preparing the contract in any other way

8. a person whose employment relationship with East Tallinn Central Hospital has ended;

9. a person working with a contractual partner of East Tallinn Central Hospital in the form specified in the previous clauses;

10. other persons who have information about a breach that has occurred or begun.   

Breaches and conflicts that have become known in the context of work-related activities can be reported. 

A breach of the requirements arising from European Union law in the following areas is deemed to be a breach of the requirements arising from the work-related activities within the meaning of subsection 2 (1) of the Act on Protection of Persons Who Report Work-Related Breaches of European Union Law:

• public procurement;

• financial services, products and markets, and prevention of money laundering and terrorist financing;

• product safety and compliance;

• transport safety;

• protection of the environment;

• radiation protection and nuclear safety;

• food and feed safety, animal health and animal welfare;

• public health;

• consumer protection;

• protection of privacy and personal data, and security of network and information systems;

• breaches affecting the financial interests of the European Union as provided in Article 325 of the Treaty on the Functioning of the European Union and as further specified in relevant European Union measures;

• breaches relating to the internal market, as referred to in Article 26(2) of the Treaty on the Functioning of the European Union, in relation to acts which breach the rules of corporate tax or to arrangements the purpose of which is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law;  

A conflict is considered to be any of the activities set out in the East Tallinn Central Hospital’s guidelines for the resolution of conflicts at work, including harassment, discrimination, and bullying at work. Solved in accordance with ITK’s guidelines for the resolution of work-related conflicts.

The reporting person shall have reasonable grounds to believe that a breach has been directly initiated or concluded and that the information provided is true.  

It is prohibited to submit knowingly false reports of breaches.  

• Maintaining Confidentiality: East Tallinn Central Hospital ensures the fact of reporting a breach/conflict and the confidentiality of the person who reported the breach/conflict and other persons who expressed their opinion in good faith. The identity of the reporting person may be disclosed only with his or her consent.  
• Does not apply liability: In the case of reporting a breach, the reporting person shall not be liable for the legal consequences of disclosing the information if he or she had reasonable grounds to believe that disclosing the information was necessary to reveal the breach, unless such disclosure is punishable as a criminal offence. Disclosure of a trade secret in the same circumstances shall be deemed lawful.  
• Protecting against retaliation: East Tallinn Central Hospital shall ensure that reporting persons are protected from retaliation for reporting breaches.  

1. Upon receipt of a report of a breach, the authority conducting proceedings shall verify whether the breach falls within the scope of the Act on Protection of Persons Who Report Work-Related Breaches of European Union Law a If the report of a breach does not fall within the scope of the Act on Protection of Persons Who Report Work-Related Breaches of European Union Law, the authority conducting proceedings shall forward the report of a breach not later than on the 7th working day after the receipt thereof to the proper authority conducting proceedings in East Tallinn Central Hospital  or to an external competent authority, notifying the person who submitted the report of a breach thereof (unless the reporting person explicitly prohibited sending the acknowledgement).  

2. If the breach falls within the scope of the Act on Protection of Persons Who Report Work-Related Breaches of European Union Law, the authority conducting proceedings shall send a confirmation of receipt of the report of a breach to the reporting person within 7 working days as of the receipt of the notification, unless the reporting person explicitly prohibited sending the acknowledgement.  

3. Feedback on the follow-up will be given to the reporting person as soon as possible and at the latest within 3 months of receiving the report. The feedback will provide general information on the follow-up. No feedback will be given if the reporting person explicitly prohibited sending the acknowledgement.  

4. If, on the basis of the information provided in the report, there is a suspicion that an offence has been committed or an offence is planned to be committed, a criminal offence report may be submitted to the Prosecutor’s Office and the police in addition to other legal measures.  

5. A report of a breach, including personal data processed in connection with a report of a breach or the handling of a report of a breach, shall be stored for 3 years as of the provision of feedback on the final result of the related proceedings, in accordance with the regulation established by the Government of the Republic and the procedure of East Tallinn Central Hospital and, if the person who submitted the report of a breach has explicitly prohibited the sending of feedback on the final result, the recording of the final result.