On September 25 of this year, the Whistleblower Protection Act (Ustawa o ochronie sygnalistów) came into force in Poland, protecting employees who report violations within a company. The law guarantees that such employees cannot be penalized if they had valid reasons for their report. It is important to note that these changes apply to all companies, regardless of their size or industry.
Now, all legal entities with 50 or more employees are required to implement a system for reporting legal violations. This definition also includes individuals working under commission contracts (Umowa zlecenie) or B2B contracts. Note that employee numbers are calculated based on data as of January 1 or July 1, 2024.
According to the new rules, company owners are required to inform employees about the procedures for submitting such reports and the subsequent actions. In the case of anonymous reports, it is necessary to determine in advance how they will be processed. Additionally, companies must confirm within 7 days that the report has been registered and inform about the measures taken no later than 3 months after. It is important to ensure that the whistleblower’s anonymity is maintained and they are protected from retaliation.
Violation of the new law may result in serious consequences. For instance, obstructing the submission of a report is punishable by fines, as well as penalties including imprisonment for up to 3 years (in cases of violence, threats, or deceit). Furthermore, disclosing the identity of the whistleblower without their consent or making false reports is also punishable.
In conclusion, it is worth noting that the Whistleblower Protection Law is aimed not only at protecting citizens’ rights. Implementing such a system will help in the future ensure order within organizations and strengthen trust from both employees and business partners, as well as from the government.
