HR Signal: The EU Whistleblowing Directive

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HR Signal: Implementation of the Directive in other member countries


It is almost certain that implementation of the Directive in Poland will be prolonged. Our estimated scenario that we talked about from the beginning of the whistleblowing buzz is beginning to become the reality. We decided to check how other EU member countries are dealing with the same deadline, December 17.

Unfortunately, the conclusions are not very optimistic. The only countries that will probably be able to meet the EU deadline are Denmark and Sweden. Denmark has passed a relevant law in June this year, and Sweden was not far behind – it was passed in October. The employers there should introduce appropriate regulations by December 17.

Out of the 25 remaining countries, 20 (Poland included) are still working on appropriate legislation. The proposals for the bill are already prepared, but local authorities have still not approved them and the entire process is still not finalized. In Czech, the first project of the bill was drafted in February, but it has not been passed yet, and probably will not be approved before the deadline.  The process is even longer in The Netherlands, where the consultations began in summer of 2020 and are still ongoing.

Beginning the works early, does not necessarily mean that they will be finalized in time. On the other side we can see how much time other member countries spend on consulting legislative proposals and ideas with the public and the community of experts and practitioners who will apply the regulations on a daily basis.

Austria, Germany, Hungary, Italy and Luxembourg still do not have projects of the bill on which further warks would be carried out. The initial draft was prepared, but it was rejected. It is there, that the risk of possible claims based on the Directive against member countries is the highest.

In PCS Paruch Chruściel Schiffter Stępień | Littler Global we monitor the situation daily, waiting for further progress in legislative works. We act locally, but think globally, so we are not limited by our borders. Global employers who are operating in several jurisdictions have to deal with different regulations relevant in different member countries.

We recommend implementing appropriate regulations to polish companies today, no matter the progress of the works on the polish bill. Especially, if the internal regulations need to be in line with the central policies. Only immediate action could allow to properly regulate whistleblower protection in a company. Managing this process even before the formal statutory requirement allows for a bit more freedom and time to prepare. We would like to talk individually about how to use it efficiently. Do not hesitate to contact us!