After months of successful work on the draft bill on the protection of whistleblowers and violations of the law, the final version of the act was published in the Journal of Laws on June 14, 2024, regulating key aspects of the protection of individuals who choose to disclose irregularities, crimes, or other violations of the law in the workplace. The new regulations will enter into force after three months, specifically on September 25, 2024 – this is also the deadline obliging the category of entities specified in the act to implement an internal procedure for reporting violations of the law and protecting whistleblowers. So how should you proceed to prepare and implement the appropriate regulations within your company by the required deadline?
The obligation to implement the indicated procedures applies primarily to employers with at least 50 employees, but also to other entities specified in the regulations, regardless of their employment size – these include financial sector entities and public institutions. The first step in implementing a whistleblower protection system should be a detailed analysis of the company's needs and applicable legal provisions. This process should identify the types of potential irregularities that can be reported and establish requirements for protecting those submitting reports. Properly establishing an internal reporting procedure, specifying clear, transparent rules for reporting observed irregularities, is crucial to fulfilling the obligations stipulated in the Act. This procedure must then be consulted with trade unions or employee representatives. This will require the creation of secure reporting channels, ensuring whistleblowers can freely report violations of the law, as well as an appropriate reporting system and tool for managing submitted reports. It is important to ensure that the system adequately protects personal data and information contained in reports, and that it is intuitive and accessible to all employees. It's also worthwhile to appoint a team specifically qualified to review whistleblower reports and make binding decisions in this regard. Employers are also obligated to provide effective mechanisms to protect reporting individuals from retaliation, as well as to provide periodic training to inform them about the procedures in place at a given facility and the rights of whistleblowers.
It's important to emphasize that failure to implement the internal procedure within the specified timeframe can result in serious consequences for the obligated party – the expected penalties include imprisonment of up to three years and a fine. In summary, proper preparation is crucial – understanding the regulations, conducting an internal audit, and implementing effective procedures to ensure whistleblower protection. To meet the deadline, companies should act proactively, engage appropriate legal experts, and invest in tools enabling safe reporting of irregularities. Proper preparation will not only protect against sanctions but also strengthen the company's culture of compliance and ethics.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 18, 2024
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