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

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.

• Introduction Chapter I Whistleblower Protection in SelectedLegislatures 1.1 Preliminary Remarks 1.2 Whistleblower Protection in Selected Legislatures aroundthe 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 andConsumer 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 theEuropean Court of Human Rights 1.4 Whistleblower Protection in the Directive (EU) 2019/1937of the European Parliament and of the Council of23 October 2019 on the Protection of Persons Who ReportBreaches 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 LaborInspection 2.2.4 The Law of April 13, 2007, on the National LaborInspectorate 2.3 Whistleblower Protection in Other Polish Regulations 2.3.1 The Law of August 5, 2015, on MacroprudentialSupervision of the Financial System and CrisisManagement in the Financial System 2.3.2 The Law of July 29, 2005, on Capital MarketSupervision; the Law of May 27, 2004, onInvestment Funds and Alternative Investment FundManagement; and the Law of June 9, 2011, onGeological and Mining Law 2.3.3 The Law of April 16, 1993, on Combating UnfairCompetition 2.3.4 The Law of March 1, 2018, on CounteractingMoney Laundering and Terrorism Financing 2.3.5 The Law of June 6, 1997, on the Code of CriminalProcedure and the Law of June 6, 1997, on the PenalCode 2.4 Summary Chapter III Proposal of Whistleblower’s Legal ProtectionModel 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 forCriminal Offences 3.2.3 Citizens’ Draft Law on Whistleblowers’ Protection 3.3 Doctrinal Proposal 3.4 Summary Conclusion Bibliography Index of names