HR Legal Update: New draft act on whistleblowers in Poland

On March 6, 2024, a new draft act on whistleblowers’ protection appeared (Polish version is available here). The draft introduces significant changes compared to previous versions. What has changed?

1. Who must implement the new regulations?

The procedure will be mandatory for all entrepreneurs employing at least 50 people as of January 1 or July 1 of a given year.

This number includes regular employees (as FTEs), as well as persons providing work for remuneration on a basis other than an employment relationship (i.e., e.g. contract for the provision of services, contract of mandate, contract for a specific work), if they do not employ subcontractors.

2. Changes in the catalog of violations

The categories of violations of law indicated so far have been expanded to include actions or omissions regarding also:

a) labor law;

b) human and citizen freedoms and rights;

c) human trafficking;

d) corruption.

This will have a significant impact on other internal regulations applicable at a given entrepreneur, e.g. anti-mobbing or anti-corruption procedures.

3. Statutory minimum amount of compensation for a whistleblower

A whistleblower against whom retaliatory actions have been committed will be entitled to a statutory compensation in an amount not lower than 12-times the average monthly salary in the national economy in the previous year. In 2024 it will be nearly PLN 86,000 (approx. EUR 20,000 / USD 22,000).

In addition to this compensation, the whistleblower will also be able to apply for payment for damages (uncapped).

4. Changing the name of the Act and those reporting violations of the law

Previous statutory term for whistleblowers “those reporting violations of the law” has been changed to “whistleblowers”. Therefore, the title of the act that is to implement the directive on the protection of persons reporting violations of EU law has been changed – from the Act on the protection of persons reporting violations of law to the Act on the protection of whistleblowers.

5. When will the regulations come into force?

The period until entry into force of the Act has been extended from 1 month to 3 months from the date of announcement, with the exception of external notifications (i.e. notifications to the Ombudsman), which will enter into force after 6 months from the date of announcement.

The draft act will be proceed urgently, i.e. without public consultations. This means that the law can be implemented very quickly. If you have any questions, please contact us.