HR Signal: The EU Whistleblowing Directive

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2024 European Employer Survey

We invite you to participate in 2024 European Employer Survey.

This year’s survey explores how employers are responding to a range of forces impacting the European workplace, from national elections and new regulatory requirements to artificial intelligence and climate risk.

The survey, which should only take about 5-7 minutes to complete, can be accessed here.

All responses will be kept confidential, and data will be reported in the aggregate. In appreciation of your valued feedback, we will send you a detailed analysis of the results, sharing the insights of your peers. Feel free to forward this invitation to any colleagues who may be interested in completing the survey.

Thank you, in advance, for your participation. Please let us know if you have any questions or issues accessing the survey.

Supporting Female Employees through Gender Transition

Employers face unique challenges when supporting female employees transitioning to a different gender. Women often benefit from specific labor protections not available to men. This raises questions about how to create a supportive and inclusive workplace for employees undergoing gender reassignment. – Paweł Sych and Michalina Lewandowska-Alama comment for kobieta.rp.pl.

Full article in Polish avialible here.

Whistleblower Guide: How to implement an internal whistleblowing procedure

Employers face a new compliance deadline: 25th September 2024. By this date, they must establish internal whistleblowing procedures under the new Whistleblower Protection Act of 14th June 2024 (Journal of Laws, item 1937). Implementing these new whistleblowing regulations during the holiday season may prove a significant challenge for businesses. However, establishing and maintaining effective internal reporting channels is the core obligation under the new law, regardless of how challenging it may be.  The new whistleblower protection law will impact over 30,000 employers in Poland. To assist businesses in meeting their compliance obligations, we have developed a practical guide to implementing effective internal reporting procedures. – Karolina Kanclerz, Bartosz Tomanek, Piotr Kuźniak, Oskar Kwiatkowski, Kamil Nazimek, Zuzanna Janelli, Mateusz Krajewski, Łukasz Marzec and Katarzyna Stępień.

Full guide in Polish avialible: here.

Labour inspection goes digital

The Polish State Labour Inspection (PIP) is undergoing a digital transformation, introducing the option of remote inspections via video call or business email. The  process should consider the specifics of employee documentation and aim to minimize burdens on the inspected companies. Sending employee documents unencrypted via email is unacceptable. To ensure data security, documents should be transferred through a dedicated and secure PIP platform or authorized websites, such as  Praca.gov.pl and e-PUAP. For optimal functionality, the rules governing remote inspections may require some adjustments. One suggestion is to limit their scope to specific areas of investigation. – Karolina Schiffter comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Company’s best interests can justify temporary suspension of employee duties

The employment relationship is based on the obligation, but also the right, of the employee to provide work. However, employers often grapple with the question of whether they can temporarily suspend this obligation under certain circumstances. While the law explicitly permits this during a notice period, the legality of such a decision in other situations is less clear-cut. What if there are compelling business reasons or specific circumstances that might necessitate a temporary suspension of an employee’s work duties, such as an ongoing investigation involving the employee? – Karolina Kanclerz, and Kamil Nazimek comment for Rzeczpospolita.

Full article in Polish avialible: here.

The whistleblower will be able to report their observations via WhatsApp

To encourage whistleblowing, modern businesses should be flexible and offer multiple reporting channels. Employers should consider what method of receiving reports will best balance administrative workload with the availability of reporting channels for whistleblowers. A whistleblower will be able to report their observations to the employer via WhatsApp, Messenger, or other instant messaging services, as long as the employer provides such a communication channel. This can encourage employees to disclose irregularities and contribute to their quicker elimination. – Bartosz Tomanek and Mateusz Krajewski comment for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Littler Global Guide – Poland – Q2 2024

Browse through brief employment and labor law updates from around the globe.

The latest headlines from Poland contains the following topics:

  • New Law on the Protection of Whistleblowers.
  • New Amendments to the Labor Code.
  • New Law Supporting Parents in their Professional Activities.

Authors: Miłosz Awedyk and Michał Fijak.

If you would like to receive a full copy of this report, please get in touch with your usual contact at PCS Paruch Chruściel Schiffter Stępień Kanclerz | Littler or write at: perspektywhr@pcslegal.pl

How the EU Directive on Platform Work will impact employers and employees?

The EU Directive on Platform Work aims to improve the working conditions and rights of platform workers in the European Union. It sets out rules to ensure fair treatment, transparency, and protection for workers who are digitally connected to customers through online platforms. The directive also creates new rights for workers, such as access to training, information about their working conditions, and the ability to collectively negotiate with platform operators. The current draft of the directive is viewed as a big win for platform workers across the EU, but for some companies that may be affected by it the law is challenging and not entirely clear, and may mark a possible end to an era of early-days prosperity for the industry. – Marcin Sanetra comments for AmCham.Pl QUARTERLY.

Article here.

Whistleblowers or snitches?

Whistleblower legislation has become a top priority for large employers, sparking extensive and prolonged discussions about the implementation mechanisms. While the law protects whistleblowers from retaliation for reporting or disclosing wrongdoing to the public, it does not grant them complete immunity. Contrary to popular belief, whistleblowers can be terminated. The law does not provide absolute protection for whistleblowers; instead, it empowers employers to exercise their disciplinary powers. –  Sławomir Paruch and Karolina Kanclerz comment for Rzeczpospolita.

Full article in Polish avialible: here.

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