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02 Jun 2022
Łukasz Łaguna

New government draft law on the protection of whistleblowers

The key changes concerning employers include modifying the scope of persons included in the minimum updating obligation to implement the system of internal notifications. Currently, it covers all individuals who perform work for the employer, including self-employed persons and persons working under civil law contracts (both contracts of mandate and contract for the performance of specific work).

The new draft stipulates that not only can retaliatory actions not be taken against the reporting person, but also the attempt to take such actions or threatening to take them is prohibited. The catalogue of retaliatory actions has been expanded to include the following activities:

  • coercion, intimidation or exclusion,
  • mobbing,
  • discrimination,
  • unfavourable or inequitable treatment,
  • causing financial loss, including economic loss or loss of income,
  • causing other non-material damage, including damage to reputation, especially in social media.

The new draft law provides that a person who has suffered damage due to a whistleblower knowingly reporting or disclosing untrue information to the public is entitled to compensation equivalent, at least, to the average salary in the enterprise sector in force on the date of the report or public disclosure.

Legislative proposal on the posting of drivers in the road transport sector

Proposal has been posted on the Government Legislation Centre website for a bill on the Posting of Drivers in the Road Transport Sector of April 12, 2022.

The issues covered by the proposal include:

  • an obligation for road transport operators to submit notification of a posting to Poland, stating the expected start and end date of the posting, and other information,
  • the obligation for road transport operators to provide drivers with appropriate work conditions, including remuneration for work,
  • inspection powers of the National Labor Inspectorate and the Road Transport Inspectorate with respect to drivers in the road transport sector posted to Poland.

Work on the bill is however at an initial stage, and the solutions eventually adopted may be different to those in the present proposal.

Amendment to the Act on Assistance to citizens of Ukraine

The most important elements concerning the Act on Assistance to Citizens of Ukraine in Poland are as follows:

  • The Act sets out the principles for legalizing the stay of Ukrainian citizens who arrived in Poland from Ukraine in connection with the armed conflict in that country, and of Ukrainian citizens holding a Pole’s Card who, together with their immediate family, came to Poland because of that armed conflict;
  • The requirement of “directness” of entry from Ukraine to Poland now no longer applies;
  • If a citizen of Ukraine came to Poland legally between 24 February 2022 and the date specified in the regulations issued by the Council of Ministers (no such regulations are available at this moment) and declares that they intend to stay in Poland, they can stay in Poland legally for a period of 18 months from 24 February 2022;
  • If a citizen of Ukraine leaves Poland for a period exceeding one month, they forfeit their rights under the Act;
  • Citizens of Ukraine who are subject to the Act are entitled to:
    • family benefits,
    • childcare benefit, if they reside with children in Poland (500+),
    • Good Start benefit, if they reside with children in Poland (PLN 300 for a school starter kit),
    • the family guardianship benefit, if they reside with children in Poland,
    • a subsidy towards a parent’s fee for attendance by a child of a crèche or children’s club or for a day carer, if the parent resides with the child in Poland,
  • Applications for the above benefits are submitted via the Social Insurance Institution (ZUS) Electronic Services Platform (PUE) ;
  • In order to obtain the above benefits, a citizen of Ukraine should have:
    • PESEL number,
    • e-mail address
    • a Polish telephone number,
    • a bank account in Poland.
  • Useful links:
  • 500+ for a citizen of Ukraine:
  • Family care capital for a child who is a citizen of Ukraine