Whistleblower Protection Laws in Argentina: A Work in Progress

Argentina has taken significant steps towards recognizing the importance of whistleblower protection, although a legal framework specifically addressing employment law remains elusive.

Existing Protections

While there is no specific legislation protecting whistleblowers in Argentina, the Corporate Criminal Liability Law provides some safeguards. This law:

• Imposes criminal liability on private entities involved in corruption
• Requires compliance programs that may include whistleblower protection policies
• Specifies that compliance programs must include:
  • Internal or external reporting channels for irregularities (although not mandatory)
  • A code of ethics
  • Specific rules to prevent illegal acts
  • Periodic training for directors
  • Other essential elements

Growing Trend Towards Corporate Whistleblowing Programs

Despite the lack of specific legislation, there is a growing trend towards implementing corporate whistleblowing programs in Argentina. This trend is driven by awareness of the benefits for organizations in terms of accountability for corruption.

• Judges may consider an organization’s internal investigation and self-reporting when determining punishment for breach of internal rules
• Compliance with these programs can also help to prevent legal issues and reputational damage

Proposed Legislation

A proposal before Congress since 2019 aims to introduce personal protection measures for whistleblowers in both public and private sectors. These measures would include:

• Constructive dismissal claims
• Cessation of arbitrary activities
• Transfer to another area of the company or sector
• Payment of damages

Sector-Specific Regulations

Some agencies may regulate whistleblower protection within their respective sectors. For example, the central anti-corruption office (Oficina Anticorrupción) allows for anonymity and confidentiality if desired when reporting corruption cases in Argentina.

Conclusion

While progress has been made, the lack of a comprehensive legal framework protecting whistleblowers remains a concern. Efforts to introduce personal protection measures and promote corporate whistleblowing programs are steps in the right direction, but more work is needed to ensure that those who speak out against corruption can do so safely and without fear of retaliation.