Expert Guide on Human Rights and Forced Labour in Poland

The issues are spread over multiple more or less enforceable laws (including the ratified international agreements that are also laws formally):

• Criminal Code
• ILO Convention No. 29 CONCERNING FORCED OR COMPULSORY WORK  (international treaty ratified by Poland);
• ILO Convention No. 105 on the Abolition of Forced Labour, (international treaty ratified by Poland); 
• Convention FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS, as amended by Protocols Nos. 3, 5 and 8 and supplemented by Protocol No. 2 (international treaty ratified by Poland); 
• International Covenant on CIVIL AND POLITICAL RIGHTS.  (international treaty ratified by Poland); 
• Constitution of the Republic of Poland;
• Labour Code;
• Act on the effects of assigning work to foreigners residing in the territory of the Republic of Poland contrary to regulations 
• Act on the employment of temporary workers 
• Act on employment promotion and labour market institutions
• Law on foreigners

Not really, however, employees participating in public procurement should bear in mind the following.  

The Public Procurement Law provides for the exclusion from the contract award procedure of a contractor who is a natural person and who has been validly convicted of the offence of trafficking in human (which may include forced labour).

Only the ones arising from EU rules (including ESG reporting ones). 

However, due diligence in supply chain is generally recommended e.g. to minimize the risks related to criminal liability of companies (on top of individual criminal liability).

It also allows to avoid joint liability for assigning foreign employees to work without stay permit. 

No 

• Criminal sanctions for individuals breaching criminal law (with respect to human trafficking and illegal employment of foreigners) and labour law.
• Criminal law sanctions may also apply to companies in limited situations (e.g. illegal employment of foreigners).
• In some cases, the criminal proceedings may be launched by public prosecutor. However, the criminal sanction is applied only by court.  

Potential criminal penalties:

• For companies – fine of up to PLN 5 000 000
• For individuals – imprisonment, restriction of liberty or fines (depending on the type of violation).

Potential civil sanctions:

• Compensation claims for both physical and moral damages (including infringement of personal rights like freedom from slavery).
• Joint liability (with subcontractors) to pay outstanding remuneration and other work-related benefits to foreign employees assigned to work without work permits as well as the costs of executing the decision on repatriation.  

Potential administrative penalties:

• Prohibition of access to or obligation to repay public funds.
• Exclusion from public procurement procedures.
• For individuals, problems with obtaining/prolonging immigration permits. 

• Imprisonment, restriction of liberty or fines (depending on the type of violation).
• In specific cases, compensation claims for both physical and moral damages
• Prohibition of access to or obligation to repay public funds.
• Exclusion from public procurement procedures.
• Potential problems with obtaining/prolonging immigration permits.

No.