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Poland’s Council of Ministers Adopts Whistleblower Protection Draft Law Amidst EU Directive Pressure
In a move to implement the long-delayed EU directive on whistleblower protection, Poland’s government has adopted a draft law aimed at safeguarding individuals who report irregularities in their work-related activities. The decision comes after years of delays, which exposed the country to potential financial penalties.
What is the Whistleblower Protection Act?
The Whistleblower Protection Act is designed to protect employees and former employees, as well as officers, professional soldiers, contractors, trainees, and volunteers, from retaliation for reporting violations of law or irregularities in their workplace. According to the draft bill, a whistleblower is someone who raises concerns about illegal activities and has a legitimate basis for doing so.
What protections are provided?
To ensure the protection of whistleblowers, the law prohibits retaliatory actions such as:
- Deprivation of income
- Harassment
- Denial of promotion, award, or bonus
The identity of the whistleblower will remain confidential, and they will be able to seek redress or compensation if they face retaliation.
Key Features of the Law
Unlike “ordinary” complainants, whistleblowers act in the public interest rather than personal gain. To benefit from whistleblower status, the individual must be convinced that the information provided is true.
Employers will be required to establish internal reporting procedures and channels for receiving reports, which will help diagnose anomalies in the workplace and eliminate worrying incidents.
Background
The adoption of this law aims to address the lack of comprehensive regulation protecting whistleblowers in Poland’s legal system. The EU directive on whistleblower protection has been pending implementation since 2022.
Future Plans
While the entry into force of the Act marks a significant milestone, the Ministry of Family, Labour and Social Policy will conduct an evaluation of the whistleblower protection system two years after its implementation to ensure its effectiveness. The ministry will also provide support in solving practical implementation issues related to the Act.