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.
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.
¿ukasz Bolesta is an academic teacher and researcher employed in the Department of Labour Law at the Faculty of Law and Administration of Maria Curie-Sk¿odowska 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.
Inhaltsangabe
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
