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Whistleblower Protection Bill

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​​​​​​​​​​​by Joanna Lech

20 June 2024


On 14 June 2024, the Sejm approved the Senate's amendments to the Whistleblower Protection Bill. These amendments include, among other things, deleting labour law from the list of areas under which breaches can be reported. However, they will be subject to voluntary reporting. 
 
The bill will now go to the President for signature. It will then become law 3 months after its promulgation, except certain provisions (Article 5(4), Article 25(1)(8) and the provisions of Chapter 4), which will take effect 6 months of the promulgation. 
 
According to the statute, a certain group of entities will be required to establish an internal procedure for reporting and following up on breaches of law. This will require, among other things, prior consultation with the company trade union organisation(s) or representatives of workers for the legal entity, selected according to a procedure adopted by that legal entity, if it does not have a trade union organisation.
 
Entities that are not obliged by law to implement an internal reporting procedure will be free to establish and implement it voluntarily. This is important as the lack of internal regulations and channels for reporting may create a risk that whistleblowers will report breaches directly to public authorities (external reporting). This always deprives the employer of the opportunity to investigate the breach internally.
 
We recommend that you start preparing now for the obligations imposed by the statute. If you have any questions, contact​ us.​

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Joanna Lech

Attorney at law (Poland)

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