Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Forced Labour Convention, 1930 (No. 29) - Poland (Ratification: 1958)
Protocol of 2014 to the Forced Labour Convention, 1930 - Poland (Ratification: 2017)

Articles 1(1), 2(1) and 25 of the Convention. Vulnerable situation of migrant workers with regard to the exaction of forced labour. The Committee previously noted the observations of the Independent and Self-Governing Trade Union (“Solidarnosc”) that there had been exploitation of citizens of the Democratic People’s Republic of Korea (DPRK) for forced labour in Poland. In 2012, there were 509 DPRK workers brought legally to Poland. Reportedly they had to send back to the regime a large part of their legitimate earnings. The Committee also noted that, according to the report of the Special Rapporteur of the United Nations on the situation of human rights in the DPRK, nationals of the DPRK were being sent abroad by their Government to work under conditions that reportedly amount to forced labour, mainly in the mining, logging, textile and construction industries. The workers were forced to work sometimes up to 20 hours per day with only one or two rest days per month and given insufficient daily food rations. They were under constant surveillance by security personnel and their freedom of movement was unduly restricted. Workers’ passports were also confiscated by the same security agents.

The Committee noted the Government’s statement that, in response to the signals revealed in 2016, the National Labour Inspectorate and the Border Guards carried out monitoring activities covering all entities employing the citizens of the DPRK, and no infringements seemed to relate to forced labour. The Government further indicated that, in 2016 and 2017, no new visas had been issued to DPRK citizens. As of 1 January 2017, there were 400 citizens from DPRK in Poland with valid residence permits. The Committee also noted the Government’s information that a number of violations of provisions of the Act on the Promotion of Employment, as well as regulations in the scope of Labour Law were identified, such as the indirect payment of wages and confiscation of identification papers. The Committee requested the Government to strengthen its efforts to ensure that migrant workers, especially those from the DPRK, are fully protected from abusive practices and conditions that amount to the exaction of forced labour.

The Government indicates in its report that it has ceased to issue new temporary residence permits for paid activities to the DPRK nationals. Consequently, section 100, paragraph 1, point 4 of the Act on Foreigners of 2013 and section 88(j), paragraph 2 of the Act on the Promotion of Employment and on Labour Market Institutions have been amended by the Act of 20 July 2017, and have accordingly been supplemented with the provisions providing for an additional reason for refusing temporary residence. The Government further indicates that it is currently implementing the United Nations Security Council Resolution 2397 of 22 December 2017, which allows for the return of the DPRK employees to their own country to be accelerated. The Government has already withdrawn the majority of the temporary residence permits for paid activities issued to the DPRK nationals in Poland. The Government states that, in March 2019, no more than 19 DPRK nationals resided in Poland, so that the number of the DPRK employees in Poland has dropped by approximately 95 per cent.

Furthermore, in recent years, as a result of the alleged infringements of the rights of the DPRK nationals who work in Poland and of the increasing number of foreigners employed in the territory, the frequency of inspections has been increased. The Border Guard Service has applied special monitoring to businesses employing DPRK citizens. The Government indicates that the inspections carried out did not show any indications that the DPRK nationals experienced forced labour. The Government communicates statistical data collected by the Border Guard Service, indicating that in 2018, 12,108 foreigners were found to be working illegally and 155 DPRK nationals were identified during inspections, among which 11 have been illegally employed, namely without valid residence permits or work permits, or without employment contracts or civil law contracts. From 1 January to 31 May 2019, 4,255 foreigners were found to be working illegally and 88 DPRK nationals were identified during inspections, among which 58 have been illegally employed. Additionally, the Committee notes the Government’s information that labour inspectors detected a number of irregularities as a result of the inspections carried out in entities hiring foreigners, such as the failure to provide a foreigner with a contract translated into a language comprehensible to the foreigner before signature, or the failure to provide a foreigner with a copy of the work permit. The Border Guard Service also identified cases of non-payment of wages, or only partial payment thereof.

With regard to prevention measures, the Committee notes the Government’s indication that the National Labour Inspectorate launched education and information campaigns, intended to raise awareness both among employers hiring foreigners regarding their obligations, and among foreigners working in Poland, regarding their rights. A hotline was made available to foreigners at the National Labour Inspectorate Consultancy Centre in February 2018, in order to increase understanding of the legislation on the employment of foreigners in Poland, in the Ukrainian and Russian languages. Over 3,400 foreigners have so far contacted the experts for advice, including Ukrainians, Belarusians, Georgians, Moldovans and Russians.

The Committee notes that, in its concluding observations of August 2019, the UN Committee against Torture reported that, despite the fact that a recent case was opened in Poland, involving 107 nationals of the DPRK, investigations appear to be ineffective and to lack impartiality, particularly with regard to interpreting services and formal proceedings for those investigated. While taking note of the measures taken by the Government, the Committee urges the Government to strengthen its efforts to prevent foreign migrants from falling victim to abusive practices and conditions that amount to the exaction of forced labour and to ensure their access to justice and remedies. The Committee also requests the Government to continue to supply information on the number of identified victims of abusive practices among migrant workers, and on the number of investigations, prosecutions and penalties imposed on the perpetrators.

The Committee is raising other points in a request addressed directly to the Government.