Whistleblowers – is it time to implement changes?

Although legislation requiring the implementation of whistleblowing procedures is still pending, there is no need to wait for the changes to be implemented. It is possible that changes will be enacted in the autumn and it is also very likely that there will not be a sufficient transition period to comply with the new obligations.

The issue of whistleblower protection has been talked about in Poland for more than two years, largely due to the fact that the EU Whistleblower Protection Directive should have been implemented in the Polish legal order in the form of a law by 17 December 2021 as far as state bodies and private entities employing more than 249 people are concerned.

The topic is now on the table again, as the implementation deadline for private entities employing between 50 and 249 people, which is 17 December 2023, is fast approaching.

The latest version of the whistleblower protection bill was published on the Government Legislation Centre website on 1 August 2023.

The latest version of the whistleblower bill introduces two important changes. The first concerns the introduction of an extended period of vacatio legis – giving businesses 14 days from the date of the law coming into force in which to start the procedure for implementing an internal whistleblowing system. This change can definitely be seen as positive. However, despite this change, the time provided for in the bill is short and may not be sufficient to properly prepare an organisation to implement a proper internal whistleblowing system, especially given the deadlines set by the bill for consultations with either trade unions or employee representatives.

For this reason, businesses should start getting prepared to implement the changes well in advance.

The second major change is to broaden the circle of whistleblowers. According to the new bill, a whistleblower may also be an officer of uniformed services, for example: a police officer, firefighter, soldier, Border Guard officer, etc.

However, given the approaching deadline for smaller private entities to implement the legislation (17 December), it is quite likely that the bill may be submitted to the Sejm in the near future and subsequently enacted.

It is also worth noting that the current bill provides for two effective dates:

• the Act on Whistleblowers entering into force – within two months of promulgation;
• the provisions on implementing the procedure for internal notifications and external notifications entering into force – within 14 days of the promulgation of the act.

This means that companies with at least 50 employees will have to implement an internal procedure within a very short period of time from the publication of the act.

The implementation of the internal procedure implies:

• a consultation phase (with trade union/employee representatives) of between seven and 14 days, and
• the announcement of the internal procedure in the standard manner at the company and a “waiting” period of 14 days before it comes into force (the same as for the Labour Regulations).

Therefore, businesses employing at least 50 people should take an interest in the issue of whistleblowers already before the act enters into force, so that they can prepare for the implementation of an internal procedure, draft relevant documents (e.g. rules and regulations) and establish a whistleblowing channel, as well as considering the possible use of external whistleblowing platforms and determine who at the business will deal with whistleblowing.