In December 2019, Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law entered into force. The primary purpose of this directive is to improve the enforcement of Union law and policies in specific areas by establishing common minimum standards ensuring a high level of protection for persons reporting breaches of Union law , as set out in Article 1 of the Directive. However, the position of whistleblowers remains complex, as they may risk taking action against their superiors or colleagues. Therefore, it is crucial to regulate and apply a range of protection measures set out in Chapter VI of the aforementioned Directive.
Internal regulations regarding whistleblowers are required to be implemented by:
- public entities and local government units employing over 50 employees
- private entities employing more than 250 employees until December 17, 2021.
- private entities employing between 50 and 250 employees until December 17, 2023
- Private entities employing fewer than 50 people may establish an internal reporting procedure.
The latest bill introduces a 14-day vacatio legis regarding the obligations of entrepreneurs to implement an internal system for reporting irregularities.
First, it's important to emphasize the absolute prohibition of any retaliatory measures against whistleblowers – employers cannot suspend, demote, or impose disciplinary measures on the person who reports. Where appropriate, it's also crucial to provide support measures for these individuals (Article 20), including access to clear information about procedures and measures, assistance from authorities, and legal assistance in potential proceedings. Whistleblowers are guaranteed the full right to an effective remedy and access to an impartial tribunal, as well as the presumption of innocence and the right to a defense, including the right to be heard and the right to access files (Article 22). Both private and public sector entities are included in the group of entities obligated to implement whistleblowing systems.
The basic protection measure for organizations employing at least 50 people and municipalities with a population of over 10,000 is the establishment of internal channels for reporting irregularities. The proper functioning of these systems is the company's responsibility, and the employee submitting a report should utilize this form of reporting. The organization is obligated to analyze the situation, cooperate with the appropriate entities, and issue a feedback message. Another integral element of protection is securing the whistleblower's identity, ensuring full anonymity to prevent retaliatory actions. However, communication plays a key role in every organization, enabling the systematic reporting of potential threats and concerns, as well as frequently arising doubts. The manner in which supervisors interact with employees significantly influences trust and motivates them, so a whistleblower's report should not be considered a lack of loyalty to the company, but rather an impact on future organizational changes. Importantly, there is an obligation to provide protective measures aimed at preventing any retaliatory actions, as specified in Article 19 of the Directive.
Whistleblower protection is therefore a key element that enables the creation of optimal conditions for the free and clear communication of information about irregularities in the company, which guarantees both the continuous development of the organization, improvement of the workplace and increased safety.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of September 5, 2023
author:
