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In Search of a Model for the Legal Protection of a Whistleblower in the Workplace in Poland. A legal and comparative study

by Łukasz Bolesta (Author)
Monographs 162 Pages
Open Access
Series: Lex et Res Publica, Volume 13

Summary

The legal situation of whistleblowers has become an object of keen public interest in recent years. As practice shows, people who reveal irregularities in the workplace are exposed to the negative consequences of their actions. This book proposes a model of legal protection of such people, which could be applied in the Polish legal order. This model has been designed on the basis of an analysis of the literature, jurisprudence and selected legal acts existing in the world in the field of whistleblowers‘ protection.

Table Of Contents

  • Cover
  • Title
  • Copyright
  • About the author
  • About the book
  • This eBook can be cited
  • Preface
  • Contents
  • Introduction
  • Chapter I Whistleblower Protection in Selected Legislatures
  • 1.1 Preliminary Remarks
  • 1.2 Whistleblower Protection in Selected Legislatures around the World
  • 1.2.1 The United States of America
  • 1.2.1.1 The False Claims Act
  • 1.2.1.2 The Whistleblower Protection Act
  • 1.2.1.3 The Sarbanes-Oxley Act
  • 1.2.1.4 The Dodd-Frank Wall Street Reform and Consumer Protection Act
  • 1.2.2 The United Kingdom
  • 1.2.3 Romania
  • 1.2.4 Slovenia
  • 1.2.5 Ireland
  • 1.2.6. Italy
  • 1.2.7 France
  • 1.2.8 Other Selected States
  • 1.3 Whistleblower Protection in the Jurisprudence of the European Court of Human Rights
  • 1.4 Whistleblower Protection in the Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the Protection of Persons Who Report Breaches of Union Law
  • 1.5 Summary
  • Chapter II Whistleblower Protection in Polish Legislature
  • 2.1 Preliminary Remarks
  • 2.2 Whistleblower Protection in Polish Labor Law
  • 2.2.1 The Law of June 26, 1974, in the Labor Code
  • 2.2.2 The Law of May 23, 1991, on Trade Unions
  • 2.2.3 The Law of June 24, 1983, on Social Labor Inspection
  • 2.2.4 The Law of April 13, 2007, on the National Labor Inspectorate
  • 2.3 Whistleblower Protection in Other Polish Regulations
  • 2.3.1 The Law of August 5, 2015, on Macroprudential Supervision of the Financial System and Crisis Management in the Financial System
  • 2.3.2 The Law of July 29, 2005, on Capital Market Supervision; the Law of May 27, 2004, on Investment Funds and Alternative Investment Fund Management; and the Law of June 9, 2011, on Geological and Mining Law
  • 2.3.3 The Law of April 16, 1993, on Combating Unfair Competition
  • 2.3.4 The Law of March 1, 2018, on Counteracting Money Laundering and Terrorism Financing
  • 2.3.5 The Law of June 6, 1997, on the Code of Criminal Procedure and the Law of June 6, 1997, on the Penal Code
  • 2.4 Summary
  • Chapter III Proposal of Whistleblower’s Legal Protection Model in the Workplace in Poland
  • 3.1 Preliminary Remarks
  • 3.2 Draft Laws
  • 3.2.1 Draft Law on Transparency in Public Life
  • 3.2.2 Draft Law on the Liability of Collective Entities for Criminal Offences
  • 3.2.3 Citizens’ Draft Law on Whistleblowers’ Protection
  • 3.3 Doctrinal Proposal
  • 3.4 Summary
  • Conclusion
  • Bibliography
  • Index of names
  • Series index

cover

Bibliographic Information published by the Deutsche Nationalbibliothek
The Deutsche Nationalbibliothek lists this publication
in the Deutsche Nationalbibliografi; detailed bibliographic
data is available online at
http://dnb.d-nb.de.

Library of Congress Cataloging-in-Publication Data
A CIP catalog record for this book has been applied for at the
Library of Congress.

This publication was financially supported by National Science Centre, Poland, project No.
2017/25/N/HS5/00563 entitled “In Search of a Model for the Legal Protection of a
Whistleblower in the Workplace.”

This publication has been peer reviewed by Teresa Wyka

ISSN 2191-3250
ISBN 978-3-631-81798-8 (Print)
E-ISBN 978-3-631-82308-8 (E-Book)
E-ISBN 978-3-631-82309-5 (EPUB)
E-ISBN 978-3-631-82310-1 (MOBI)
DOI 10.3726/b17011

Open Access: This work is licensed under a Creative Commons Attribution
Non Commercial No Derivatives 4.0 unported license. To view a copy of this
license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/

© Łukasz Bolesta, 2020

Peter Lang – Berlin· Bern · Bruxelles · New York · Oxford · Warszawa · Wien

This publication has been peer reviewed

www.peterlang.com

About the author

Łukasz Bolesta is an academic teacher and researcher employed in the Department of Labour Law at the Faculty of Law and Administration of Maria Curie-Skłodowska University (Lublin, Poland). His research interests focus mostly on labour law and social security, with particular emphasis on the issue of duty of loyalty in the employment relationship.

About the book

The legal situation of whistleblowers has become an object of keen public interest in recent years. As practice shows, people who reveal irregularities in the workplace are exposed to the negative consequences of their actions. This book proposes a model of legal protection of such people, which could be applied in the Polish legal order. This model has been designed on the basis of an analysis of the literature, jurisprudence and selected legal acts existing in the world in the field of whistleblowers‘ protection.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Preface

This publication was created as part of a research project entitled “In Search of a Model for the Legal Protection of a Whistleblower in the Workplace,” Reg. No. 2017/25/N/HS5/00563, financed by the National Science Centre (Poland). The work attempts to propose legal solutions in the field of whistleblower protection that could be applied in the Polish legal order. The postulated assumptions seek to enable whistleblowers report perceived irregularities in the workplace without fear of negative consequences for their actions. The postulates result from the analysis of the literature, case law, and selected existing legal acts around the world in the field of whistleblower protection.

In Chapter I, I scrutinize the regulations on whistleblowing in the United States of America, the United Kingdom, Romania, Slovenia, Ireland, Italy, France, and other selected countries. The reflections contained in this part also apply to the Directive on the protection of persons who report breaches of union law adopted on October 7, 2019, by the Council of the European Union. Member States are required to implement its provisions within their national legal order within two years. Moreover, I also discuss the legacy of the European Court of Human Rights. ECHR jurisprudence shapes the way human rights are understood in Poland, which may help people who report irregularities in the workplace, because it is binding in Polish courts and failure to comply exposes the state to liability for damages.

Whereas Chapter II analyzes in detail Polish legal regulations on the protection of persons who report irregularities. Finally, Chapter III overviews planned regulations – at the time of this book’s preparation – which refer to whistleblowing and the protection of whistleblowers. This chapter also presents the doctrinal proposal of a model for the legal protection of whistleblowers in workplace. The Conclusion summarizes the study conducted in this book.

Details

Pages
162
ISBN (PDF)
9783631823088
ISBN (ePUB)
9783631823095
ISBN (MOBI)
9783631823101
ISBN (Hardcover)
9783631817988
Open Access
CC-BY-NC-ND
Language
English
Publication date
2020 (April)
Tags
Whistleblowing Employee Employer Duty of loyalty Transparency Reporting
Published
Berlin, Bern, Bruxelles, New York, Oxford, Warszawa, Wien, 2020. 162 pp.

Biographical notes

Łukasz Bolesta (Author)

Łukasz Bolesta is an academic teacher and researcher employed in the Department of Labour Law at the Faculty of Law and Administration of Maria Curie-Skłodowska University (Lublin, Poland). His research interests focus mostly on labour law and social security, with particular emphasis on the issue of duty of loyalty in the employment relationship.

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Title: In Search of a Model for the Legal Protection of a Whistleblower in the Workplace in Poland. A legal and comparative study