On 18 October 2021, the Government Legislation Centre published the long-awaited bill on the protection of people reporting breaches of law, widely known as the “whistleblower law”. The aim of the bill is to implement into the Polish legal system the EU Directive 2019/1937, according to which it will be the duty of every employer with more than 50 employees to establish internal regulations on whistleblowing. EU Member States have until 17 December 2021 to implement the Directive.

1. Whistleblower law – for whom?

• Under the bill, anyone who reports or discloses information on a violation of the law obtained in a work-related context is protected.
• The bill applies to all employees, including people performing work on the basis of civil law contracts, as well as former employees and applicants for employment.

The reporting person will be protected if the information provided by him/her is true at the time of reporting and relates to an infringement.

2. Purpose and effects of the protection

• Whistleblowers will be protected against retaliation of any kind or other adverse treatment because of their report.
• The termination of a legal relationship due to a report will be considered as ineffective.
• Provisions in contracts or internal regulations that in any way exclude or limit the right to report will be deemed null and void.

3. Employers’ obligations

• Every employer with more than 50 employees will have to establish internal regulations on whistleblowing.
• The regulations will...

Read Full Story: https://www.lexology.com/library/detail.aspx?g=8c2bdb0d-0670-45e9-96ce-652bec...