The Polish legislature is more than a year late in implementing the Whistleblower Protection Directive. Information about the successive bills published by the Ministry of Family and Social Policy, although called “final,” is now giving rise only to frustration. Looking at the parliamentary calendar and the election calendar, it is difficult to assume that the implementation act will be passed in this term of the Sejm.

What should an employer do in such a situation?

It should be reminded that both before the directive appeared, during the legislative work on it, and afterwards, no one prevented employers from building their own whistleblowing systems that will provide whistleblowers with appropriate protection standards. In many organizations such systems have been in place and have been refined for years.

Therefore, there is nothing to prevent the building of whistleblowing and whistleblower protection systems that implement the minimum standards set forth in the directive. Perhaps, someday, when the implementation act finally arrives, the system already in place will require adjustment.

Nonetheless, adapting the system to the new requirements will build on the experience already accumulated, allowing the organization to develop a system better suited to its needs and its uniqueness.

Find more in the PRO HR February 2023.