(Article 36)
The Law protects reporters through the prohibition of retaliation, understood as any act or omission that is prohibited by the Law or that, directly or indirectly, involves unfavorable treatment that places the people who suffer them at a particular disadvantage in relation to another in the work or professional context, just because of their status as informants, or for having made a public disclosure.
Article 36 provides an enunciative list of what can be considered retaliation:
- Suspension of the employment contract, dismissal or termination of the employment or statutory relationship, including non-renewal or early termination of a temporary employment contract once the trial period has passed, or early termination or cancellation of goods or services contracts, imposition of any disciplinary measure, demotion or denial of promotions or other substantial changes to working conditions and failure to convert a temporary contract into an indefinite one.
- Damages, including those of a reputational nature, or economic losses, coercion, intimidation, harassment or ostracism.
- Evaluation or negative references in relation to work or professional development.
- Inclusion on blacklists or dissemination of information in a certain sectoral area, which make it difficult or prevent access to work or the contracting of works or services.
- Denial or annulment of a license or permit.
- Denial of training.
- Discrimination, or unfavorable or unfair treatment.
