Member States had until 17 December 2021 to implement 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, i.e. the so-called Whistleblower Directive or Whistleblower Protection Directive (hereinafter referred to as the " Directive ").
Although the long-awaited draft bill implementing the Directive into Polish law was published on the Government Legislation Center website on October 18, 2021, the bill is currently stuck in the review phase. Despite announcements by government representatives, the bill did not reach the Sejm in the first quarter of 2022.
Which entities are obliged to implement whistleblower protection procedures?
When discussing the topic of whistleblowers, the question arises: are all employers obliged to implement and use whistleblowing systems ?
Ultimately, whistleblower protection regulations will apply to both public and private sector entities. However, in the case of private entities, the obligation to implement appropriate procedures will apply only to companies employing at least 50 employees .
In the case of the public sector, only municipalities with fewer than 10,000 inhabitants or fewer than 50 employees may be exempted from the obligation to implement internal procedures for reporting violations of the law.
Legal entities operating in the financial sector and in industries subject to specific regulations in the field of counteracting money laundering and terrorism financing, transport safety and environmental protection were subject to the directive, regardless of whether they belong to the public or private sector and regardless of the number of employees.
Deadlines for implementing the Act
The European Union has planned two phases of implementation. The first phase is contingent on the adoption of national legislation, which expired on December 17, 2021 .
Private entities employing at least 250 employees will have to comply with the obligations arising from the new regulations within 14 days of the entry into force of the Polish law. Smaller businesses, employing fewer than 250, have a slightly longer period. The deadline for implementing the regulations is December 17, 2023.
The situation is somewhat different for public sector entities. It's worth noting that an employer operating in a public sector is obligated to apply the provisions of a directive, even if it hasn't been implemented . Although the directive isn't directly applicable in the private sector, after the deadline for its implementation, it can only have direct, vertical , meaning it affects the relationship between citizens and the state (public entities). Therefore, for example, a municipal employee reporting a violation of law within the scope of the directive will be able to pursue legal protection under the directive, regardless of whether the municipality has implemented appropriate procedures.
Therefore, there's no point in delaying the implementation of appropriate procedures. Implementing the solutions under review, even in the private sector, will not only prepare employers for inevitable legislative changes but also allow for quicker disclosure of adverse effects. I also emphasize the short vacatio legis period of 14 days.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of April 5, 2022
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