3 April 2024

New draft law on whistleblowers

On 28 March 2024, another bill (dated 27 March 2024) was published on the website of the Governmental Legislation Centre, which aims to implement Directive 2019/1937 of the European Parliament and of the Council (EU) of 23 October 2019 on the protection of whistleblowers under EU law. On 2 April 2024, the Council of Ministers adopted the draft, so it is expected to soon be debated by parliament.

The most important changes for employers with respect to the previous draft:

  • Subject of violations. Human trafficking has been removed from the list of areas in which whistleblowers may report violations. It has also been clarified that only violations of constitutional human and civil liberties and rights in an individual's relations with public authorities can be reported.
  • Whistleblower proxy. It is explicitly stated that a proxy will also be able to be a whistleblower.
     
  • Level of compensation for a whistleblower. A whistleblower against whom retaliatory measures incompatible with the draft law have been applied shall be entitled to compensation in an amount not lower than the average monthly salary in the national economy in the previous year (the previous draft law provided for a minimum compensation of 12 times the average salary).

The draft text is available on the Governmental Legislation Centre website:  >>>.

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