In Search of a Model for the Legal Protection of a Whistleblower in the Workplace in Poland. a Legal and Comparative Study

ISBN-13: 9783631817988 / Angielski / Twarda / 2020 / 162 str.

Lukasz Bolesta

Opis

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.

Spis treści

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

O autorze

Lukasz Bolesta is an academic teacher and researcher employed in the Department of Labour Law at the Faculty of Law and Administration of Maria Curie-Sklodowska 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.