Marcin Frąckowiak on the Senate’s amendments to the Whistleblower Protection Act

The Sejm has adopted the Senate’s amendments to the Whistleblower Protection Act! The Act now awaits the President’s signature and publication in the Journal of Laws.

A significant change is the removal of labour law from the scope of the act. Practically, this decision means that employees will not be able to report violations of the Employment Code, such as mobbing, discrimination, or incorrect salary calculations, to their employers under the whistleblower protection act. These issues should therefore be covered by a separate procedure. Employers are legally obliged to prevent, among other things, mobbing and are liable for it!

It is also worth noting that the law will come into force just 3 months after its announcement, requiring companies employing at least 50 people to implement internal systems for reporting violations and protecting whistleblowers within this period.

Insight from our expert

The sudden change in the provisions of the Whistleblower Protection Act has raised many controversies and questions. One recurring question concerns the scope of whistleblower protection. Marcin Frąckowiak, Managing Counsel and Attorney-at-law in the Labour Law Department at Sadkowski and Partners, points out that: ‘The protection of whistleblowers against adverse actions, including dismissal, will not be unlimited. Employers will still be able to lawfully terminate an employment contract with a whistleblower, but they will bear the burden of proof to show that the action taken was not retaliatory and thus was not related to the whistleblower’s report.’

There is little time left to comply with the changes. Our experts from the Labour Law Department at Sadkowski and Partners can assist in fulfilling the obligations imposed on employers by the new law. We encourage you to contact us!