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The importance of whistleblowers in MOPS and GOPS: Who does the new regulations cover and what steps should social welfare facilities take?

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The protection of whistleblowers in Municipal and Communal Social Welfare Centers (MOPS and GOPS) is becoming a key issue in the context of new regulations introduced by the Act of 14 June 2024. The new regulations impose obligations on social welfare facilities related to creating a safe and transparent work environment. In this article, we will discuss who a whistleblower is in the context of MOPS and GOPS, what new obligations result from the Act on the Protection of Whistleblowers and what actions should be taken by the management of these facilities to adapt to legal requirements.

Who is a whistleblower in MOPS and GOPS?

A whistleblower is a person who reports violations of the law, ethical standards or internal rules in the organization in which they are employed or with which they cooperate. In social welfare institutions, such as MOPS and GOPS, a whistleblower can be any member of the team - from social workers, through administrative staff, to external collaborators. The main goal of a whistleblower's activity is to protect the public interest by disclosing irregularities, such as mobbing, discrimination or abuse of power. The new regulations aim to provide whistleblowers with protection against retaliatory actions, enabling them to safely report irregularities.

New obligations for MOPS and GOPS resulting from the Act on the Protection of Whistleblowers

According to the Act of 14 June 2024, the obligation to implement systems for reporting violations of the law applies to most MOPS and GOPS in Poland. The regulations cover facilities employing at least 50 people, including full-time employees and collaborators under civil law contracts. The exception are facilities operating in small communes with fewer than 10 thousand residents, where the implementation of such systems is not mandatory, although recommended.

Facilities that must meet these requirements should be aware that failure to comply with the new regulations may result in financial penalties. Protecting whistleblowers and creating an environment that promotes safety and transparency is now a priority for MOPS and GOPS.

Steps that MOPS and GOPS should take to adapt to the new regulations

Directors of Municipal and Communal Social Welfare Centres must take appropriate actions to ensure that their facilities comply with the new regulations by 24 September 2024. Here are the key steps to take:

  1. Needs and Resource Analysis: Each facility must assess its needs and available resources in order to implement an appropriate reporting system that is effective and tailored to its specific needs.
  2. Establishing an internal reporting procedure: After consultation with employee or trade union representatives, management must develop and implement an internal reporting procedure that meets the requirements of the Act. It is important that it is understandable and easy for employees to implement.
  3. Appointing appropriate individuals to receive reports: Management should designate individuals responsible for receiving and verifying reports. These individuals must be impartial, appropriately trained and duly authorized.
  4. Training and Communication: Education and communication are key to successfully implementing new procedures. Employees must be aware of their rights, responsibilities and how to use the reporting system.
  5. Data protection and whistleblower protection: Institutions must ensure the protection of whistleblower data and other people involved in the reporting process. It is crucial to ensure confidentiality and prevent any retaliatory actions.
  6. Maintaining a register of reports: MOPS and GOPS are required to maintain a register of all reports and follow-up actions taken. This register must be maintained in a manner consistent with applicable personal data protection regulations.

Special offer for MOPS and GOPS

In order to make it easier for MOPS and GOPS directors to implement their new duties, we have prepared a special offer. If you contact us and provide the password "Whistleblower in assistance centers", we will offer a whistleblower management system at a promotional price - for a year for only PLN 1,000 net. In addition, we will provide templates of procedures that will help meet the requirements of the act, which will ensure compliance with the regulations and facilitate the implementation of the reporting system.

Summary

The new whistleblower protection act is an important step towards greater transparency and security in MOPS and GOPS. Implementing appropriate procedures by September 24, 2024 is crucial to ensure compliance with the law and to build trust in social welfare facilities. Taking advantage of our special offer is an excellent opportunity to meet legal requirements and create a safe work environment that promotes reporting irregularities without fear of retaliation.