Protection of whistleblowers
Whistleblower protection is an area that requires special attention in any organisation. Soon, the obligation to introduce internal whistleblowing channels and whistleblower protection will particularly affect companies with more than 50 employees. However, this is not just an obligation - it is first and foremost an opportunity to gain greater insight into the affairs of the organisation. With whistleblower protection, greater transparency is achieved and information about irregularities does not get out, so that the organisation does not lose control over it. It is a tool to modernise communication in a company, regardless of its size.
Whistleblower protection - what do we offer?
Business Process Incident Reporting:
- Together, we will develop an effective incident reporting process so that employees and other authorised persons can safely and confidentially report irregularities.
Creation of Internal Regulations and Procedures:
- We will prepare regulations and internal documents that meet whistleblower protection standards.
Training and Workshops for the Team:
- We organise practical training sessions to raise awareness among employees about whistleblower protection.
- This will help them understand how to deal with incidents.
Internal and External Communications:
- We support building trust in the whistleblower protection system through effective communication within the company and with external stakeholders.
Implementation of IT Tools - Internal Notification Channel
- We will introduce a tool to facilitate incident reporting and handling.
Support in Clarifying Potential Violations:
- As external experts, we conduct investigations and communication with whistleblowers
- We handle the organisation's internal reporting channel. We review reports, correspond with whistleblowers, and ensure the necessary confidentiality and independence of the process.
Whistleblower protection - how do we work?
We always strive to tailor our services to your needs. We offer solutions that are adapted to our clients' specific business. Although every implementation process is different, we usually distinguish between three main steps.
How do we work?
Step one - understand the business
We start every collaboration with a comprehensive needs analysis. We talk to members of the management team, conduct an in-depth interview and determine the initial design of the project. We seek to understand the risks associated with running your company and identify where notifications may occur.
At this stage, we also present you with a technical solution - a special software that will later be used to make the notifications. In this respect, we work together with an experienced external provider.
Step two - Preparation of comprehensive instructions and procedures
Before moving to this stage of implementation, we always try to convince you that whistleblower protection procedures are your ally. In practice, we prepare regulations for you at this stage. A well-prepared document allows you to manage incoming reports efficiently from start to finish.
The rules and regulations are not only a manual for your employees, but more importantly an internal set of rules that will enable your management to review, resolve and remedy incidents similar to those reported in the future.
At the same time as we are drafting the regulations, we are also preparing procedures to ensure that whistleblowers are adequately protected in your company.
Step three - Support and empowerment for action
After we have prepared the documentation, there is only one thing we can do - put the working procedures into your hands. For a certain period of time, especially after the first applications have been received, the procedure will be subjected to a practical test.
Only when you apply the established rules to a concrete case can you determine whether both your employees and your management are ready to act. The first submissions are also the ideal time to make an important decision about whether you want to check the submissions - for example by our law firm.
Who we advise?
We support entrepreneurs regardless of the industry in which they operate. We design solutions tailored to our clients and prepare procedures that are likely to work in the entity's internal culture.
We support all groups interested in the introduction of procedures in a company - HR managers, compliance officers and members of company boards.
Q&A or key questions on whistleblowers
What obligations does an employer have in relation to the introduction of whistleblower protection?
EU legislation requires companies with at least 50 employees to establish channels and procedures for internal reporting of breaches within the organisation. The reporting channel must first ensure the confidentiality of the identity of the reporting person. Each report must be properly registered and verified by an impartial organisational unit and the whistleblower must be properly informed of the processing of the report.
If I employ less than 50 people, don’t I have to do anything?
Not necessarily. The latest draft law assumes that the provisions apply to a legal entity for which at least 50 persons perform or provide work. This means that the legislator does not want to limit the application of the law only to companies that employ workers under employment contracts. In order to determine whether the law applies to a particular company, other contracts under which work is performed or provided must also be considered. These persons are also subject to whistleblower protection.
Who is a whistleblower in the workplace?
A whistleblower can be a person who works for a company, reports a violation of the law and works in the private or public sector, and learns of violations in a work-related context.
It should be noted that the catalogue of entities entitled to report is as broad as possible. The EU legislator grants this right both to employees within the meaning of the Labour Code and to persons who provide services on the basis of B2B contracts.
What can a whistleblower report?
A whistleblower can report violations of the law of which he/she has become aware in connection with his/her work. The report may concern a breach of EU rules, but there is nothing to stop internal procedures from being much more comprehensive.
Can a whistleblower be dismissed?
No, the dismissal of a whistleblower in connection with whistleblowing is not possible. Any negative retaliation is prohibited.
The EU regulations require national legislators to adopt comprehensive protection for whistleblowers. One of the prohibitions explicitly mentioned in the Directive is the prohibition of dismissal or termination without notice of an employment contract as a result of the whistleblower's actions.
Why a whistleblower law?
The Whistleblower Act is intended to help prevent irregularities in the workplace and to help employers uncover irregularities that already exist. Through it, whistleblowers are to be protected.
The adoption of the Whistleblower Act by the Sejm also fulfils Poland's obligation to implement EU law, which it is obliged to do by virtue of its membership in the European Union.
Regardless of the industry in which you operate as an entrepreneur, we invite you to contact our office. We will be happy to find out about your needs and make you a favourable offer.
Protecting whistleblowers - contact our experts
If you need assistance in creating and implementing a comprehensive whistleblower protection solution, a whistleblower collection and management system, potential risk diagnosis and assessment, or whistleblower protection training, please contact our experts.
Dr. jur. Jan Muszyński
Lawyer in Poland
Telefon: +48 61 858 25 50
E-Mail: muszynski@vonzanthier.com