Przemysław Zając
Przemysław Zając, attorney-at-law, practises employment law, mainly involving ongoing advice. He drafts employment contracts, civil-law agreements, and internal workplace policies. He takes part in due diligence and compliance reviews. He represents employers and employees in judicial disputes.
The Ministry of Family, Labour and Social Policy has drawn up a bill modifying the existing definition of mobbing which has been in effect for more than 20 years. The bill amending the provisions of the Labour Code (UD183) was published on the Government Legislation Centre’s website on 20 January 2025. It alters concepts and provisions related to undesirable behaviour in the workplace, such as discrimination, unequal treatment and mobbing. How will the change in the definition of mobbing affect employers and employees?
What can a whistleblower report?
On 24 June 2024, the Whistleblowers Protection Act was published in the Journal of Laws. After a delay of several years, Poland - as the last European Union country - implemented the Directive of the European Parliament and of the Council (EU) on the protection of whistleblowers into its legal order. Thus, the period of vacatio legis, which is three months for most provisions, commenced. They will enter into force at the end of September 2024.
The Act allows whistleblowers to make reports or public disclosures if they identify violations of the branches of law set out in the Act. It is therefore worth answering the seemingly trivial question of what matters a report can address.
On 23 May 2024, Parliament adopted the long-awaited draft law on the protection of whistleblowers (which is supposed to implement the European Parliament (EU) Directive 2019/1937 on the protection of the rights of whistleblowers of 23 October 2019). After more than two years after the deadline for implementing the EU legislation, it seems likely that employers (and whistleblowers) will finally live to see legislation that has caused them so much concern.
Admittedly, the bill still must be passed by the Senate and then signed by the President before it can enter into force. However, many significant changes to its content are unlikely.
The draft law provides for a broad package of criminal sanctions and claims for persons to whom its provisions have been incorrectly applied. In view of the imminent entry into force of the whistleblower provisions, it is certainly worthwhile to become familiar with the potential consequences of violating them.