Reporting misconduct
Do you wish to file a complaint on misconduct or do you wish to report a violation under the German Act for the Better Protection of Whistleblowers?
If superiors or colleagues do not act correctly towards you or other people within your professional environment, the Max Planck Society (MPG), as the employer, can only act to protect its employees if it is made aware of alleged misconduct.
In order to be able to properly follow up on information received, the MPG has established a transparent reporting procedure for alleged misconduct.
You can report information about alleged misconduct that you have obtained in connection with your professional activities or in the run-up to your professional activities to the MPG’s Reporting Point. This also includes reports under the Act for the Better Protection of Whistleblowers and complaints under the General Act on Equal Treatment.
Submitting a report does not require that you are currently employed by the MPG. It also applies, for example, to former employees and cooperation partners.
Below you will find further information on how the MPG handles reports. For any additional questions, please feel free to use the contact information provided on this webpage.
What tasks does the Reporting Point carry out and what falls within the scope of other units?
How will confidentiality be protected after a complaint has been filed?
What information is needed to decide whether a complaint can be investigated?
What happens once a complaint has been filed?
When and how is a report investigated on a central level, or at the MPI (local level)?
What is meant by “misconduct in a professional context” and/or “violations under the Whistleblower Protection Act in a professional context”?
Misconduct is defined as behaviour that violates the law, contracts or regulations and affects the MPG and/or its employees in their professional relationships. This includes bullying, discrimination, or sexual misconduct, among others.
A violation under the German Act for the Better Protection of Whistleblowers is an act or an omission in the context of work related, business related or official activities that is unlawful and that relates to provisions or areas of law falling within the material scope referred to in the German Act for the Better Protection of Whistleblowers (§ 2 HinSchG). This includes, among others, criminal offences, breaches of procurement law, data privacy breaches, breaches of environmental protection regulations or animal welfare violations.
Whom can you contact if you wish to report alleged misconduct or violations under the German Act for the Better Protection of Whistleblowers?
If you would like to report alleged misconduct that you have experienced or observed towards third parties, or you would like to report a violation under the German Act for the Better Protection of Whistleblowers, you can contact the Central Reporting Point of the MPG.
As the internal Reporting Point, the Staff Unit Internal Investigations in the Audit Department of the Administrative Headquarters is available to you. The Staff Unit Internal Investigations is also designated as the Internal Reporting Point of the MPG as laid down in the German Act for the Better Protection of Whistleblowers.
Alternatively, you can report alleged misconduct to the law firm Hass Dross Theiss. This law firm has been appointed by the MPG as Lawyers of Trust to receive reports. However, the Lawyers of Trust do not conduct their own investigative measures; these are performed solely by the MPG.
Both Reporting Points can be contacted by telephone or email (in English or German). They are also available for personal conversations (also via video call).
The contact information can be found on this page.
It is possible to submit a report anonymously.
What tasks does the Reporting Point carry out and what falls within the scope of other units?
The MPG’s Reporting Points are set up to receive complaints concerning the MPG’s employees. They check the general legal relevance of a complaint.
However, their task does not include:
- providing legal advice to employees, especially with regard to decisions made by the employer under labour law (e.g. checking the prospects of success of an action for protection against dismissal)
- the review of decisions at the discretion of superiors, unless allegations of misconduct are explicitly described.
- the review of information concerning private situations.
As an employee of the MPG, you can receive support in coping with personal emergencies or conflicts through the respective contact points.
How will confidentiality be protected after a complaint has been filed?
When communicating with the Central Reporting Points, please use one of the communication channels expressly designated by the MPG to ensure that the information sent arrives directly at the Staff Unit Internal Investigations or the Lawyers of Trust.
We attach great importance to the confidential treatment of your identity. However, the confidentiality of personal data affected by a report can only be guaranteed if you yourself also keep the report confidential.
Nevertheless, the MPG may be required by law to disclose your identity in certain cases (e.g. to authorities such as the public prosecutor's office).
Please find the respective information on data processing in the procedures for the internal investigation of cases of misconduct in the MPG here.
What information is needed to decide whether a complaint can be investigated?
The Staff Unit Internal Investigations or the Lawyers of Trust first examine whether a report is plausible, comprehensive and consistent (conclusive).
The following information is particularly helpful for this assessment:
- What? Question about what happened
- Who? Question about the person accused of misconduct
- Where? Question about the professional context
- When? Question about the time / frequency
- How? Question about the circumstances of the alleged misconduct
- What documentation exists for this? (e.g. communication)
What happens once a complaint has been filed?
Based on the information you provide regarding the alleged misconduct or regarding a violation under the German Act for the Better Protection of Whistleblowers, the Staff Unit will conduct an initial assessment, if and in what form the MPG can take further action regarding the situation described.
In doing so, it may be determined that
- misconduct has not been conclusively raised. In this case, no investigation will be opened.
- it is a matter that does not constitute misconduct, but can be further handled by a specialized Department of the Administrative Headquarters or a Central Officer. In this case, you will receive the necessary contact information of the responsible staff members.
- an investigation of the complaint by the MPG is warranted. A decision is made on how to proceed in accordance with the Rules of Procedure.
The Staff Unit informs the reporting person about the further procedural steps in the specific case and, if necessary, establishes contact with the relevant contact persons.
When and how is a report investigated on a central level, or at the MPI (local level)?
- Central level: The Staff Unit Internal Investigations is responsible for conducting an internal investigation into allegations of misconduct of a scientific member, or if the alleged misconduct is of superior significance.
The Staff Unit investigates the matter by taking investigative steps, such as examining documents and data as well as obtaining statements from the parties involved and potential informants. Subsequently, the insights gained are assessed from a legal perspective and presented to the management of the MPG for a final decision. - Local level: The Staff Unit Internal Investigations will hand over further proceedings to the respective Max Planck Institute (MPI) if the alleged misconduct was committed by a person employed at this MPI and is not of superior significance. The MPI then reports to the management of the MPG on the measures it has taken.
- The following applies to all proceedings: At the end of the proceedings, it will be determined whether misconduct has occurred and, if so, what consequences result from the misconduct that has been established.
Is there an external Reporting Point for reports under the German Act for the Better Protection of Whistleblowers?
The German Act for the Better Protection of Whistleblowers additionally provides for the possibility of contacting an external Reporting Point if the report is within the scope of the Act.
For this purpose, the Federal Government has established the external Reporting Point of the Federal Government at the Federal Office of Justice (BfJ). Information also on other reporting procedures of institutions, bodies and other entities of the European Union can be found here (only available in German).
Please note that this is external information that may only comprise a summary information in the English language.
Reporting of misconduct or violations under the Whistleblower Protection Act
Central Reporting Point of the MPG
Staff Unit Internal Investigations
Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V.
Administrative Headquarters
Hofgartenstraße 8
80539 München
Germany
Email: report@mpg.de
Phone: +49 89 2108 2635
Lawyers of Trust of the MPG
Hass Dross Theiss - Attorneys Partnership MbB
Seitzstraße 8a
80538 München
Germany
Dr. Christine Dross
Lawyer
Email: christine.dross@hassdrosstheiss.de
Phone: +49 89 29 00 71-0