Description

• Title:
  Protection of Whistleblowers in the Workplace. Who Is Protected and Who Is Responsible under the Provisions of the EU Directive 2019/1937?
• Creator:
  Hajn, Zbigniew
• Contributor:
  Skupień, Dagmara;
  Uniwersytet Łódzki, Wydział Studiów Międzynarodowych i Politologicznych;
  Zbigniew Hajn graduated in law from the University of Lodz, has worked there ever since and is currently Full Professor and head of the Chair of European, International and Collective Labour Law at the Faculty of Law and Administration. From 2003, he was a judge of the Supreme Court, retiring in 2016. In addition, he was a member of the Labour Law Codification Commission (2002 to 2006) as well as a member of the Legislative Council (2006). From 1996 to 2009, he was the deputy editor-in-chief of the periodical Studia Prawno-Europejskie (Studies on European Law). At present, he is a member of the scientific councils of the periodicals Europejski Przegląd Sądowy (European Court Review) and Monitor Prawa Pracy (Labour Law Monitor) as well as a member of the editorial committee of the Państwo i Prawo (State and Law) monthly. His scholarly achievements include publications. Among these are books on the legal position of the employer, the legal position of employer organizations and the collective labour law system. He is also the editor and co-author of books on union representation at the workplace, free movement of workers within the EU, legal problems of workplace democracy, labour law in Poland (for the International Encyclopaedia of Labour Law and Industrial Relations), commentary to the labour code and others.
• Description:
  The aim of this chapter is to present selected problems related to the transposition into national law of the provisions of the Directive (EU) 2019/1937 which define the personal scope of its application. The author focuses on the prerequisites for recognising a given person as a whistleblower (reporting person) and including them in the circle of protected persons. Among other things, he considers issues related to the Directive’s departure from the recognition of acting in good faith and in the public interest as conditions for the protection of a whistleblower, as well as the relevance for the protection of a whistleblower of the obligation to report breaches existing in some national laws. He also argues that the relationship that whistleblowers enter into with the organisation affected by the whistleblowing, referred to in the English version as a “work-based relationship”, cannot be equated, as other language versions do, with an employment relationship. The author also proposes, following earlier postulates, to extend the personal scope of protection of facilitators. He also attempts to clarify the notion of “legal entity” as the main entity responsible for the creation and functioning of internal channels. He further postulates more complete regulation in national legislation of the rules of liability of entities responsible for fulfilling the obligations imposed by the Directive.;
  The project is co-financed by the Governments of Czechia, Hungary, Poland and Slovakia through Visegrad Grants from International Visegrad Fund. The mission of the Fund is to advance ideas for sustainable regional cooperation in Central Europe.
• Object availability:
  free access
• Rights: http://creativecommons.org/licenses/by-nc-nd/4.0 ;
  Attribution-NonCommercial-NoDerivatives 4.0 Międzynarodowe
• Date:
  2021.11.19;
  2021
• Type:
  Book chapter
• Language:
  English
• Format:
  application/pdf;
  image/jpeg
• Publisher:
  Wydawnictwo Uniwersytetu Łódzkiego
• Relation:
  Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia;
• Subject:
  Visegrad Countries;
  Whistleblowers
• Identifier:
  Hajn Z., Protection of Whistleblowers in the Workplace. Who Is Protected and Who Is Responsible under the Provisions of the EU Directive 2019/1937?, [in:] Towards a Better Protection of Workplace Whistleblowers in the Visegrad Countries, France and Slovenia, D. Skupień (ed.), WUŁ–WN PWN, Łódź 2021, https://doi.org/10.18778/8220-639-5.03;
  978-83-8220-639-5;
  http://hdl.handle.net/11089/39812 ;
  978-83-8220-640-1;
  10.18778/8220-639-5.03
• Data provider:
  Repozytorium Uniwersytetu Łódzkiego
• Can I use it?:
  seek permission
• Type:
  text