Will the individuals who alert authorities to irregularities in their workplace to protect public interest – the so-called “whistleblowers” – have their legal authorization in the Labour Code? Such a proposition was put forward by the Batory Foundation at a sitting of the Trilateral Commission for Socioeconomic Affairs. The Foundation also wants whistleblowers to be protected by a direct anti-discrimination regulation.
According to employers’ organizations there is no need for that. Employers pointed out that the issue of whistle blowing is complex and often extends beyond employment relationships. Thus, the Labour Code – which is excessively expanded anyway – is not a place to regulate all issues pertaining to individuals alerting authorities of irregularities. A proposition was made to first attempt to elaborate a soft solution – a code of good practices for companies – instead of changing the law.
Employers of Poland staunchly oppose efforts to grant such individuals extraordinary employment relationship protection, as there are currently 40 groups enjoying this privilege and the number of protected employees is calculated at 1 mln. A similar position was also presented by Minister Radosław Mleczko.
The Ministry of Labour and Social Policy, together with the Ministry of Justice and the Ministry of Internal Affairs will analyze the issue of whistleblowing and consider a possible legal solution regulating this phenomenon. Discussion on this topic will also be continued in the Trilateral Commission for Socioeconomic Affairs.