Q&A – after the webinar Signals in Practice

Q&A – after the webinar Signalmen in practice

In an era of growing awareness of ethics in the workplace, the implementation of appropriate procedures for whistleblowers is becoming an indispensable part of the operation of many organizations. The introduced law on whistleblowers raises many questions and concerns, especially in the context of the obligations it imposes on employers. In this article, we answer the most frequently asked questions related to this law, helping you understand what steps you need to take to comply with the new legal requirements. It is worth noting that the answers provided on the BTC website are not a substitute for legal advice from a specialized entity.

Questions and answers about the whistleblower law

(1) Does the number of 50 employees also include temporary workers hired by a contracted temporary employment agency?

According to a literal interpretation of the regulations, what matters is the place of work and the relationship of employmentia. Jeśli pracownicy tymczasowi nie są formalnie zatrudnieni przez pracodawcę, ale świadczą dla niego pracę, nie wydaje się, aby byli objęci przepisami ustawy.

2. Does the anonymity of submissions follow directly from the law?

From the provisions of the law we can readthat private entities may establish a channel for anonymous submissions. Wynika to z wykładni systemowej przepisów art. 25 ust. 1 pkt 3.

3. are associations also covered by the whistleblower law?

Yes, the law covers legal entities, so registered associations with legal personality are covered.

4. What solutions for paper-based notification channels can be used in the company?

The most likely solutions are a delivery urn or a mailbox.

5. can any employee of the company, even over 1,000 employees, use the platform?

The whistleblower system is capable of handling an unlimited number of whistleblowers simultaneously. The tested environment included thousands of simultaneous filings and hundreds of thousands of filings stored in the system’s database.

6 Does the law cover recruitment agencies that do not hire employees?

The law clearly specifies that it is about entities with employees. In this case, the agency is acting as an intermediary for civil contracts, so it is covered by the Law.

7. can every employee be a whistleblower?

Any person can become a whistleblower, including the perpetrator. The whistleblower independently decides to disclose his data according to his conscience.

8. can a whistleblower remain anonymous forever?

The system does not assign requests to groups, but each request has its own individual login code, allowing unlimited anonymity.

9. Is the data entered into the system stored on the servers of the affected unit or on your resources, such as the cloud?

The system functions as an on-premise installation, which means that the data is not stored by BTC Ltd.

10. how to prepare for the new regulations? What are the required procedures?

By September 25, the system should be operating in the institution as a channel for internal notifications. In order to prepare it, you need to enact rules and regulations for internal notifications, determine the personalities of those responsible for handling them, and implement the system itself. BTC will assist you at each of these stages.

11. can the access channel be only in the form of an urn into which applications will be dropped?

The internal reporting channel must include written, telephone or electronic submissions. As long as the whistleblower service system provides completeness, the urn must be supported by another notification channel.

12. Does the association, which runs 4 schools, develop regulations and organize the platform jointly, or does each school do it independently?

Based on an agreement with an association, separately-owned schools can commission the association to act on their behalf and run a common platform. If the schools are owned by an association and do not have a separate personality, only the association is obliged to run the notification channel.

13. does the whistleblower system need to be available online?

Yes, the whistleblower support system is a web-based platform and must be available online to the extent determined by the administrator.

14. who can be the administrator of whistleblower submissions?

The administrator of the applications should be an adult.

15. according to the law, does the option to communicate with the whistleblower have to be provided?

Yes, the law requires notification to the whistleblower of actions taken, so communication is a statutory requirement.

16. operating in a multinational company, can we use the group’s procedure, or do new procedures have to be prepared for Poland?

The procedure used by the Polish post must be drawn up in Polish and in accordance with Polish regulations. This does not preclude the use of one common procedure.

17. How is the whistleblower notified of a change in the status of his case?

The whistleblower is obliged to check the status of his report due to the need to protect his anonymity.

Summary

Establishing and maintaining an effective whistleblowing system is key to ensuring compliance with applicable regulations and promoting an ethical culture within the organization. Although the whistleblower law may seem complicated, proper preparation and understanding of its requirements allows you not only to meet your legal obligations, but also to create a safe work environment. Keep in mind, however, that each case may be different, so it is worth consulting with specialized legal advisors to ensure that all aspects have been properly implemented.