How to implement the procedure for reporting?
We have already written about what an exemplary procedure for reporting irregularities and whistleblower protection should look like and what a model implementation of a whistleblowing system looks like in practice.
We have indicated there that one of the stages is the implementation of procedures, because just creation of the procedures does not mean that they become applicable in our company.
So what exactly needs to be done in order for the prepared procedure to take effect? How to determine the effective date?
Please note that article 8.1. of the Whistleblower Directive requires employers to "establish" internal channels and procedures. Article 8.3 of the draft act states that the internal notification procedures shall be considered as act of internal legal acts of the employer, which means that they should be established and adopted in the manner adopted for such acts.
The document that implements the internal regulations or the notification procedure to the system of internal legal acts of a given employer will be each time a decision of an appropriate body or person authorized to make such decisions.
In the case of public units, e.g. in public hospitals operating in the form of “SPZOZ”, it will be up to the director, while in the case of local government units, e.g. in a public school, it may be the decision of the school headteacher. Each time, the decision of an authorized body or person should be made in an appropriate written form, e.g. a resolution or decision.
In the case of commercial companies, the regulations or procedure will be implemented by a decision of authorized partners (for partnerships) or a body, most often the management board (in the case of capital companies).