On June 19th, President Andrzej Duda approved a new law aimed at protecting whistleblowers – individuals who report irregularities related to employment, acting in the public interest and in good faith. A whistleblower can be an employee, former employee, officer, professional soldier, contractor, trainee, or volunteer.

Purpose of the Act

The act aims to build protection for citizens who report violations of the law, not for personal gain, but to protect the common good. It is designed to safeguard them from retaliation and support them in reporting irregularities.

Implementation of the EU Directive

The act implements the directive of the European Parliament and the Council of the EU on the protection of persons who report breaches of Union law. The delay in implementation cost Poland financial penalties amounting to 7 million euros and an additional 40,000 euros per day. The law is set to come into force three months after its publication in the Journal of Laws.

Key Changes Introduced by the Act

A whistleblower who has experienced retaliatory actions will be able to claim compensation or damages.

The institution responsible for providing support to whistleblowers will be the Ombudsman.

Provisions regarding external reporting will come into effect six months after the announcement of the act.

Controversies Surrounding the Act

Labor law areas have been removed from the act, meaning it will not cover issues such as bullying, sexual harassment, withholding wages, or forcing unpaid overtime. Trade unions and social organizations have opposed the removal of labor law from the areas of protection, arguing that the lack of protection in this area could lead to further violations of workers’ rights and safety.

Employer Obligations

Employers will be required to develop an internal reporting procedure that defines the rules for receiving and handling reports, create channels for receiving reports that ensure safety and anonymity, and provide protection for whistleblowers against retaliatory actions.

Reporting Channels

A whistleblower will be able to make a report through three channels: internal, external (to appropriate state authorities, such as the Ombudsman), and public disclosures under special circumstances.

We encourage you to familiarize yourself with the full text of the act and take steps to implement it in your organization.