The Sejm adopted the Law on the Protection of Whistleblowers on Thursday, May 23rd, which aims to protect whistleblowers regardless of the basis and form of their work or service. The new regulations implement a directive of the European Parliament and the EU Council, which should be implemented by the EU member states by 17 December 2021.

We see the need for this law not only because it should have been introduced more than two years ago as an implementation of the EU directive. We are introducing it not only because the absence of this law so far is costing the Polish taxpayer EUR 7 million in lump sums and 40,000 a day in additional penalties. “We are introducing this law primarily because it is needed to build protection for those citizens who find the courage to act for the common good,” said Agnieszka Dziemianowicz-Bąk, Minister for Family, Labour and Social Policy, during the parliamentary debate.

Who is a whistleblower?

A whistleblower is a person who reports irregularities in connection with employment, acting, which is important, in the common interest and good faith, and not for his or her own benefit. Such a person may be vulnerable to retaliation such as harassment, deprivation of promotion or bonus, which the Law on the Protection of Whistleblowers is designed to counteract.

The new legislation stipulates that a whistleblower who has experienced retaliation will be able to seek redress or compensation. The institution responsible for providing support to whistleblowers will be the Ombudsman of Civil Rights.

The role of employers

Once the Law comes into force, the employer will be required to develop an internal notification procedure setting out the rules for receiving such notifications. It will also have the obligation to create channels for their reception.

Importantly, a whistleblower can become an employee - irrespective of the basis and form of employment, as well as a former employee, officer, professional soldier, contractor, trainee or volunteer.

The new arrangements are expected to come into force three months after publication in the Official Journal. The rules on external notifications will take effect six months after their promulgation. The Law will now be taken up by the Senate.