The government adopted a draft bill on the protection of whistleblowers

Protection of the common interest, the good name of the employer, protection of colleagues – these are the main objectives of the Whistleblower Protection Act. The law is intended to serve people taking risks in the name of caring for the common good.

An employee as well as a former employee, officer, professional soldier, contractor, trainee or volunteer will be able to become a whistleblower entitled to protection.

A whistleblower is a person who reports irregularities related to employment. A whistleblower is someone who raises the alarm about violations of the law and has a legitimate basis for doing so.

Protecting whistleblowers from retaliation

A whistleblower may be at risk of retaliation after reporting so it is imperative that such individuals are protected. Deprivation of a source of income, harassment, deprivation of a promotion, award or bonus – these are retaliatory actions against which the Act seeks to protect whistleblowers.

The draft assumes that a whistleblower who has experienced retaliation will be able to seek redress or compensation. The identity of the whistleblower will be kept confidential. The Act does not make notification mandatory. Each whistleblower will decide for themselves whether they want to make a report or not – but they will be protected if they choose to do so.

Whistleblowers differ from ‘ordinary’ complainants in that they act in the public interest. A whistleblower makes a report to protect the common good rather than his or her personal interest or that of immediate family members. Furthermore, in order to benefit from whistleblower status, the whistleblower should be convinced that the information he or she is providing is true.

Obligations of the employer

Employers will need to develop an internal reporting procedure that sets out the rules for receiving such reports and create channels for receiving them. Internal signalling systems will make it easier to diagnose anomalies in the workplace and help to eliminate worrying incidents.

So far, the Polish legal system lacked a comprehensive regulation protecting whistleblowers. The bill is intended to implement the Directive of the European Parliament and the EU Council on the protection of whistleblowers.

The entry into force of the Act does not mean that the work on the whistleblower protection system in Poland is finished. In two years’ time, the Ministry of Family, Labour and Social Policy will conduct an evaluation of the whistleblower protection system.

The Ministry of Family, Labour and Social Policy will provide support in solving problems related to the practical implementation of the Act.