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President Andrzej Duda signed the whistleblower protection act

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President Andrzej Duda signed the whistleblower protection act. It provides, among other things, protection against dismissal for people who report violations of the law. The institution responsible for providing support to whistleblowers will be the Ombudsman.

President Andrzej Duda signed the Whistleblower Protection Act on Thursday. Pursuant to it, protection will apply to persons reporting information about violations of the law obtained in connection with work or other forms of employment.

Pursuant to the Act, a whistleblower is an employee, a person performing work on a basis other than an employment relationship, a person performing work under the supervision and direction of a contractor, subcontractor or supplier, an entrepreneur, a commercial proxy, a shareholder or partner, an intern, a volunteer, an apprentice, an officer and a soldier.

A whistleblower will be able to report violations of the law using internal reporting channels that will be created by private and public entities, as well as external reporting channels to relevant state authorities and through public disclosure (in particularly specific cases).

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Andrzej DudaRadek Pietruszka/PAP

Whistleblower Protection Act. What can be reported

The Act provides for the possibility of adopting a common internal reporting procedure within a capital group. The condition will be to ensure compliance of the activities performed with the Act.

The institution responsible for providing support to whistleblowers will be: Ombudsman. This office will also accept external reports from whistleblowers regarding constitutional rights and freedoms of people and citizens.

In the current form of the Act, the catalog of areas within which reporting or public disclosure will be possible includes, among others: corruption, public procurement, financial services, products and markets, counteracting money laundering and terrorist financing, product safety and their compliance with requirements, transport safety, environmental protection, radiological protection and nuclear safety, food and feed safety, animal health and welfare, public health, consumer protection, protection of privacy and personal data, security of networks and ICT systems, as well as constitutional freedoms and human rights and citizen.

The whistleblower will have protection

The whistleblower will be protected from the moment of making the report or public disclosure, provided that he or she had reasonable grounds to believe that the information that is the subject of the report or public disclosure is true at the time of making the report or public disclosure and that it constitutes information about a violation of the law.

No retaliatory action may be taken against the whistleblower. A whistleblower against whom the employer commits retaliatory actions will be entitled to compensation in an amount not lower than the average monthly salary in the national economy in the previous year, published in the Official Journal of the Republic of Poland “Monitor Polski” by the President of the Central Statistical Office, or the right to compensation .

The Act will enter into force after three months from the date of announcement, with the exception of the provisions regarding external reporting, which will enter into force after six months from the date of announcement.

Main photo source: Radek Pietruszka/PAP

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