On June 14, 2024, the Sejm (lower house of parliament) adopted the Act on the Protection of Employees Reporting Violations of the Law, prepared by the Ministry of Family, Labor, and Social Policy. The Act is now awaiting the President's signature.
Until now, the Polish legal system lacked comprehensive regulations dedicated to whistleblower protection. The new regulations implement a directive of the European Parliament and the Council of the European Union, which was supposed to be introduced in 2021.
The purpose of the Act is to ensure protection for persons reporting violations of the law, regardless of the basis and form of their work or service.
A whistleblower is someone who raises concerns about violations of the law and has a legitimate basis for doing so. Because whistleblowers may be subject to retaliatory actions from their employer after reporting them, it is essential to provide protection for such individuals. Mobbing, denial of promotion, awards, or bonuses are retaliatory actions that the law aims to protect against.
A whistleblower who has experienced retaliatory actions will be able to claim compensation or damages.
According to the text of the Act on the Protection of Whistleblowers of 14 June 2024, in the wording established after considering the Senate amendments, the Act will contain a fairly extensive catalogue of criminal provisions.
In accordance with the catalogue of offences specified in the Act, anyone who, in order to prevent another person from reporting, prevents them from doing so or significantly hinders them from doing so, will be subject to a fine of up to PLN 1,080,000, restriction of liberty or imprisonment for up to 3 years.
Equally severe penalties apply to acts of retaliation against a whistleblower, a person assisting in making a report, or a person associated with the whistleblower. Retaliatory acts are punishable by restriction of liberty or imprisonment for up to two years. If the retaliatory acts are persistent, such an offense will be punishable by an absolute prison sentence of up to three years.
Anyone who reveals the identity of a whistleblower, a person assisting in making a report or a person associated with a whistleblower will be subject to a fine of up to PLN 1,080,000, restriction of liberty or imprisonment for up to one year.
Reporting or making a public disclosure when the reporting party is aware that no violation of the law has occurred will also be punishable by a fine of up to PLN 1,080,000, restriction of liberty, or imprisonment for up to two years.
Employers will be required to develop an internal reporting procedure that defines the rules for receiving such reports and establish channels for their receipt. Importantly, establishing an internal reporting procedure contrary to the provisions of the Act, failing to establish one, or establishing one in material breach of the requirements specified in the Act will be punishable by a fine of up to PLN 1,080,000. This provision is particularly important for any state or business required to establish an internal reporting procedure. Failure to establish this procedure, or establishing it contrary to the requirements specified in the Act, will result in a fine.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of June 18, 2024
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