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):

National Law:

• Constitution of the Republic of Poland
• Criminal Code
• Labour Code;
• Act on the conditions for the admissibility of entrusting work to foreigners in the territory of the Republic of Poland
• Act on the employment of temporary workers 
• Act on labour market and employment services
• Law on foreigners

European Law:

• Charter of Fundamental Rights of the European Union
• Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA
• Directive (EU) 2024/1712 amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
• Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA

International Law:

• International Covenant on CIVIL AND POLITICAL RIGHTS  (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); 
• Council of Europe Convention on Action against Trafficking in Human Beings ((international treaty ratified by Poland)
• 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); 
• ILO Convention No. 182 Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, (international treaty ratified by Poland)

Not really. However there are some general rules that reduce the risk of human trafficking and force labour. 

Assigning work to a foreign national is subject to notification or authorisation requirements and must be supported by documents confirming the foreigner’s legal stay. The strictest approval and reporting rules apply to employees with the shortest stay and employment record in Poland. This approach strengthens state oversight where the risk of exploitation is highest.

An employer posting workers to Poland is required to notify the National Labour Inspectorate no later than on the first day of work, providing basic information about the company, the workers, and the place and duration of the posting. This reporting obligation enables public authorities to monitor the legality and conditions of employment. As such, it also helps reduce the risk of abuses, including human trafficking.

Entities sanctioned for illegally employing foreigners are generally prohibited from employing foreign employees. They are also barred from legally operating in employment intermediation. These measures help prevent repeat violations. 

Also, employees participating in public procurement should bear in mind that 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 required permit. 

Also, allegations of human trafficking can cause significant negative publicity and reputational harm for a company, affecting its credibility with business partners, clients, and regulators.

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 up to 20 years, 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.
• Problems with obtaining or 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.
• Problems with obtaining or prolonging immigration permits.
• Significant negative publicity and reputational damage resulting from allegations of human trafficking.

Yes. The National Action Plan against Human Trafficking for 2025–2027 provides for several legislative measures, including amendments to existing laws and the adoption of new regulations. The most important task will be the transposition of Directive (EU) 2024/1712, with a deadline of 15 July 2026.