The EU obliged the Member States to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the Protection of Persons who Report Breaches of Union Law (Official Journal EU L 305 of 26.11.2019, p. 17 and EU Official Journal L 347 of 20.10.2020, p. 1, the "Directive") by December 17, 2021. In Poland the Directive is to be implemented in the Act on the Protection of Persons who Report Breaches of Law (the "Act "). So far, four versions of the draft have been published on the website of the Government Legislative Centre, including the last version of July 22, 2022, which was submitted for consideration to the Committee for European Affairs. The latest changes introduced to the draft are corrective and linguistic in nature, which might imply that it is going to be the final version. Therefore, it is worth getting acquainted with the planned regulations as we will soon need to implement them.
The general intention of the Act is to protect whistleblowers against retaliation, i.e., those who wish to make reports on breaches of law in a work-related context. The Act prohibits any forms or attempts of discrimination, mobbing, or unjustified or unfavorable treatment of whistleblowers. On the other hand, the Act provides for a number of protective measures to persons concerned, as well as ensures the implementation of institutional and organizational solutions related to reporting breaches of law.
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