举报人 | Whistleblowers CN

关于

举报人是指在履行职责时发现违规行为并向相关机构报告的个人。举报人可以联系组织内部的机构（如上级或审计员），也可以联系外部机构，如警方或检察机关。举报人的活动旨在防止组织中早期出现的严重违规行为，这些行为往往会升级为刑事或经济犯罪。举报人的工作被视为对公共安全的重要贡献。

根据欧盟《保护举报人指令》和波兰相关法律草案，雇佣超过50人的公司和公共机构有义务实施举报保密渠道。这些规定的目的是在确保举报人受到保护的同时，鼓励报告可能在实体内发生的滥用行为。

在复杂的组织中，成功开展与举报人相关的工作需要多年的商业、刑事、财政和经济刑事法领域的多样化经验。专业知识对于有效实施上述指令和拟议法律中的要求至关重要，能够帮助避免法律和财务后果（未能实施适当解决方案可能面临财务制裁），最重要的是有助于保护公司的声誉。

我们在处理欺诈、经济欺诈、公司犯罪（特别是经济犯罪）、财政犯罪和公司争议的内部调查方面拥有丰富的知识和丰富的实践经验，这保证了在举报人报告的核查及后续处理中能够提供专业和全面的支持。

我们的服务范围包括：

分析客户需求并制定相关政策、内部程序和必要文件，包括刑事合规；
监督举报程序和其他所需程序的实施；
为董事会、高级管理人员、负责举报系统的人员以及所有相关员工提供有关举报人保护义务的培训；
定期和临时开展有关内部程序和其他已实施程序的培训；
进行立法监控，并根据修正案审查程序是否需要进行可能的更改；
处理举报人的报告，并支持审查和评估举报报告；
提供全面的法律和后续支持，包括进行内部调查，制定适当的行动计划，与举报人沟通并进行内部审计；
在发生违规行为时处理刑事和经济刑事案件。

我们的服务面向：

实施举报人法规的实体；
暴露于经济犯罪风险的公司和机构；
举报人；
受到经济犯罪侵害的实体。

Whistleblowers are individuals who report irregularities they learn about in the performance of their duties to the relevant authorities. In doing so, whistleblowers may contact authorities within their organization (e.g., superiors or auditors) or external authorities, such as the police or prosecutors. The activities of whistleblowers are used to prevent serious irregularities in organizations at an early stage, which often escalate into criminal or economic crimes. The work of whistleblowers is seen as an important contribution to public safety.

According to the EU Directive on the Protection of Whistleblowers and the draft Polish law in this regard, companies employing more than 50 people and public authorities are required to implement confidential channels for whistleblowing. The purpose of these provisions is to enable and at the same time encourage the reporting of abuses that may take place within an entity, with the protection of whistleblowers ensured.

To effectively carry out whistleblower-related tasks in complex organizations, many years of diverse experience in the areas of commercial, criminal, fiscal and criminal-economic law are necessary. Expert knowledge is essential in the effective implementation of the requirements enshrined in the above-mentioned directive and the proposed law, and allows to avoid legal and financial consequences (failure to implement appropriate solutions risks financial sanctions), and above all will help protect the reputation of a company.

We have extensive knowledge and rich practice in conducting internal investigations in cases of fraud, economic fraud, corporate crime (with particular emphasis on economic crimes), fiscal criminal offense and corporate disputes, which guarantees professional and comprehensive support in the field of verification of whistleblower reports and follow-up.

The scope of our services includes:

analysis of client needs and development of relevant policies, internal procedure and necessary documentation, including criminal compliance;
supervising the implementation of the notification procedure and other required procedures;
conducting training on whistleblower protection obligations for the board of directors and senior managers; for those who have been appointed to operate the whistleblower notification system and for all covered employees;
conducting periodic and ad hoc training on internal procedure and other implemented procedures;
conducting legislative monitoring and reviewing procedures for the need for possible changes in the context of amendments;
handling whistleblower reports and support in reviewing and evaluating whistleblower reports;
full legal and follow-up support, including conducting internal investigations, preparing an appropriate action plan, communicating with the whistleblower and conducting internal audits;
handling criminal and criminal-economic cases in case of irregularities.

Our services are aimed at:

entities implementing whistleblower regulations;
companies and institutions exposed to economic crime;
whistleblowers;
entities harmed by economic crimes.

Whistleblowing

Workplace whistleblowing is when an employee reports wrongdoing in an organisation, such as financial misconduct, exploitation or discrimination. This person is often an employee but can also be a third-party such as a supplier or customer.

A whistleblower in a workplace is a person who reports irregularities related to employment. A whistleblower is someone who raises the alarm about violations of the law and has a legitimate basis for doing so.

Whistleblowing can occur also on an international level – this when someone makes a report within an organisation. Companies in the EU with at least 49 employees are now legally required to implement internal whistleblowing channels for this purpose so that employees and other stakeholders can speak up if they become aware of misconduct.

External whistleblowing is when a person blows the whistle publicly, either to the media, police or via social media channels. It often concerns human rights violations.

Such complaints focus on conduct prohibited by a specific law such as a criminal offence, discrimination or evidence of a cover up. Speak up policies may however cover a broader range of issues related to compliance and ethics.

Whistleblowers differ from ‘ordinary’ complainants in that they act in the public interest. A whistleblower makes a report to protect the common good rather than his or her personal interest or that of immediate family members. Furthermore, in order to benefit from whistleblower status, the whistleblower should be convinced that the information he or she is providing is true.

Protection to whistleblowers:

The identity of the whistleblower will be kept confidential and it is protected by the law.

He mustn’t be fired from his position for taking whistleblowing activities.

Companies should have whistleblowing procedures so that individuals don’t worry if they need to disclose information.

Whistleblowing for employees

Unlawful activities and abuse of law may occur in any organisation, whether private or public, big or small. They can take many forms, corruption, fraud, businesses’ malpractice or negligence. And if they are not addressed, it can result in serious harm to the public interest.

Whistleblowers, i.e. persons who report wrongdoing at work or disclose (to the public) information on a wrongdoing obtained in a work-related context, help preventing damage and detecting threat or harm to the public interest that may otherwise remain hidden.

Public interest

Whistleblower law in EU: April 23, 2018, the European Commission presented a package of initiatives including a Proposal for Directive on the protection of persons reporting on breaches of Union law and a Communication, establishing a comprehensive legal framework for whistleblower protection for safeguarding the public interest at European level, setting up easily accessible reporting channels, underlining the obligation to maintain confidentiality and the prohibition of retaliation against whistleblowers and establishing targeted measures of protection.

Whistleblowers often face retaliation for their disclosure, including termination of employment. Several other actions may also be considered retaliatory, including unreasonable increase in workloads, reduction of hours, preventing task completion, mobbing or bullying for report the misconduct and information about wrongdoing.

Empower Your Organization and Protect Whistleblowers with Expert Legal Guidance

Whistleblowing plays a vital role in fostering transparency, integrity, and accountability within organizations. Implementing effective whistleblower protections and procedures is not only a legal obligation but also a step toward building trust and safeguarding public interest. Our law firm is here to help you navigate the complexities of whistleblower regulations, ensuring compliance while protecting your organization’s reputation and fostering a safe environment for reporting irregularities.

Whether you are implementing whistleblower policies, addressing a specific case, or seeking training and support, our expertise in compliance, internal investigations, and economic crime cases ensures comprehensive and professional assistance. Contact us today to create a secure and compliant framework that empowers employees to speak up while protecting your organization from potential risks.

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