Definition of employee
The broad definition of employee under the German Whistleblower Protection Act (HinSchG) covers not only employees but also job applicants, temporary agency workers, interns, civil servants, the self-employed and former staff as whistleblowers.
The definition of employee under the German Whistleblower Protection Act (Hinweisgeberschutzgesetz, HinSchG) is deliberately broad and extends well beyond the employment-law concept of an employee. Protection applies to anyone who has obtained information about violations in connection with their professional activity. The Act therefore does not require a formal employment contract but instead focuses on the work-related context in which the information was acquired. The relevant provisions are Section 1 in conjunction with Section 3 HinSchG, which defines the personal scope of application.
The protection covers in particular employees, civil servants, judges and soldiers, but also self-employed persons, shareholders and members of management or supervisory bodies. It expressly includes temporary agency workers who become aware of violations at the user undertaking, as well as interns, regardless of whether they are paid. Persons whose employment relationship has already ended (former staff) and those whose employment has not yet begun are also protected.
The inclusion of job applicants is of particular practical importance: anyone who obtains information about violations during a recruitment or pre-contractual process is protected, as are persons who work for a contractor, supplier or other third party and acquire knowledge in this way. For day-to-day operations, the broad definition of employee means that internal reporting channels must be designed so that this entire group of people has access, and the prohibition of reprisals under Section 36 HinSchG applies to all of these groups.
Legal Basis
Sections 1 and 3(8) HinSchG
Practical Example
An intern in the accounting department of a mid-sized company notices that a supplier's invoices are being systematically booked twice and reports this through the internal reporting channel. Although she has no classic employment relationship and works without pay, she falls within the broad definition of employee under Section 3 HinSchG. The compliance officer must therefore handle the report just like one from a permanent employee, send an acknowledgement of receipt, and ensure that the intern need not fear any reprisals such as termination of the internship.