Pozycja prawna sygnalisty w administracji publicznej
The legal status of whistleblowers in public administration

Summary/Abstract: An employee or candidate for employment in public administration who acts as a whistleblower reports irregularities in the functioning of the public administration sector (actions or omissions that violate regulations or attempt to circumvent them). After submitting such a report, the whistleblower can expect the employer or the appropriate public authority to fairly consider the report. A public employer receiving a report must protect the whistleblower against all forms of retaliation and conduct a proper investigation.Using the example of a refusal to establish an employment relationship—identified in the Act as a retaliatory action—this analysis examines potential mechanisms of repression that may arise during recruitment processes in public administration. It also evaluates whether current legal provisions sufficiently protect whistleblowers against such practices and the extent to which they facilitate the elimination of retaliation during recruitment in public administration.During the employment process, employers must treat whistleblowers in a manner that ensures they face no retaliation for reporting irregularities related to the employer. Undoubtedly, the Whistleblower Protection Act enables public administration to comprehensively adapt and improve many critical aspects of its activities. This is particularly relevant to recruitment processes, the treatment of employees who raise concerns, and their protection. These changes aim to indirectly foster greater public trust in public administration.

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