Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee welcomes the ratification by Poland of the Protocol of 2014 to the Forced Labour Convention, 1930, and takes due note of the Government’s first report as well as the information provided in reply to its previous comments under the Convention.

Article 1 of the Convention and Articles 1(1) and (2) of the Protocol. National policy and systematic action. The Committee notes the Government’s indication in its report that a new National Action Plan (NAP) against Human Trafficking was adopted for the period 2022-2024. The specific objectives of the NAP include: (i) raising awareness of trafficking in persons; (ii) improving support for victims; (iii) improving the effective prosecution of traffickers; (iv) improving the skills of staff involved in combating trafficking; (v) enhancing the understanding of trafficking and the effectiveness of the measures taken, especially in the context of forced labour; and (vi) strengthening international cooperation. The Government states that the NAP is developed periodically by the Team for Counteracting Human Trafficking and that a Working Group is responsible for monitoring the implementation of the NAP through periodic evaluations and reports on its implementation. The Committee requests the Government to provide information on the results achieved through the implementation of the National Action Plan against Human Trafficking 2022-2024 as well as on the activities undertaken by the Team for Counteracting Human Trafficking and of the provincial anti-trafficking teams. Please provide information on the findings of the periodic evaluations and implementation reports as well as the measures taken as a result.

Article 2 of the Protocol. Preventive measures. Clauses (b) and (e). Educating and informing employers. Supporting due diligence. The Government indicates that the National Labour Inspectorate (NLI) participated in the development of a guide entitled “Forced labour. A guide: how to recognise and counteract”, in 2019-2020, designed to help employers to prevent forced labour. The Government also indicates that the National Action Plan against Human Trafficking 2022-2024 provides for the development of information materials and the implementation of information meetings and workshops for entrepreneurs on due diligence procedures in the area of human rights in companies, including trafficking in persons for forced labour. In addition, the Committee takes note of the National Action Plan for the Implementation of the United Nations Guiding Principles on Business and Human Rights 2021-2024, which includes several measures to combat trafficking in persons, including the development of tools for entrepreneurs for minimising forced labour in enterprises. The Committee encourages the Government to pursue its effort and requests it to provide information on the activities undertaken within the framework of the two above-mentioned National Action Plans with regard to supporting the private sector to prevent and respond to risks of forced labour and on any assessment of the results achieved. The Committee also requests the Government to provide information on the measures taken in relation to the public sector.

Claude (d). Protecting migrant workers during the recruitment and placement process. The Government indicates that the NLI recognizes the risk of for forced labour associated with the migration of foreigners to Poland recruited by intermediaries in their countries of origin, who may cooperate with employment agencies or employers in Poland. The NLI carries out inspections of employment agencies, including agencies performing labour intermediation and temporary work, with a particular focus on entities that direct persons to perform work in or from the territory of Poland. Inspections also cover the activities of employment agencies run by non-European entities, focusing on detecting violations of the law, in particular with regard to job placement and temporary employment. The Government further indicates that in 2021, district inspectorates organised a total of 15 training meetings aimed at reinforcing good practice and compliant behaviour within temporary work agencies, including agencies assigning seasonal work in the agricultural sector.

The Committee notes that, according to the Annual Report of the NLI 2022, the elimination of illegal or fraudulent employment agencies remained a priority of the NLI and that NLI inspections have revealed violations of the rights of workers such as the non-payment of due remuneration to workers and the collection of unauthorized fees. In addition, the Committee notes that, according to the 2023 Report of the Group of Experts on Action against Trafficking in Human Beings (GRETA), there are several ongoing investigations concerning trafficking in persons, involving victims recruited by temporary employment agencies in Poland. As a rule, temporary employment agencies must be registered in the Registry of Employment Agencies in order to operate in Poland, but there is no licensing or certification of these agencies by the State.

The Committee requests the Government to provide further information on the monitoring of the activities of the employment agencies involved in the temporary placement and recruitment of temporary migrant workers and to provide information on the number of inspections carried out, the irregularities found in this connection and the sanctions applied.

Article 3 of the Protocol. Identification and protection of victims. The Government indicates that the National Prosecutor’s Office identified a total of 447 victims (including 309 nationals) in 2021, and 277 victims (including 167 foreign adults) in 2022. Alleged victims of trafficking have the possibility of receiving assistance and support from the National Intervention and Consultation Centre for Victims of Trafficking (KCIK) which include legal consultations; provision of clothing, hygiene products, food and basic medical care; psychological support; translator assistance; vocational training and Polish language courses; and the provision of safe accommodation. The KCIK has two shelters for women victims of trafficking and one for men. It also provides a 24/7/365 helpline. The Centre which is fully funded from the budget of the Ministry of the Interior and Administration provided support to 210 victims in 2021, and 254 in 2022, the majority of whom were foreigners.

The Government indicates that foreigners alleged to be victims of trafficking shall be issued with a certificate confirming the presumption of being a victim of trafficking, pursuant to section 170 of the Act on Foreigners, which legalizes the victim’s stay on the territory of Poland for a period of three months. In addition, a temporary residence permit for at least six months can be granted to victims, provided that the foreigner resides in Poland, has cooperated with the prosecuting authorities, and has discontinued all contact with the alleged perpetrators of trafficking (section 176).

The Committee requests the Government to continue to provide information on the victims of forced labour, including victims of trafficking in persons, who have been identified, the number of victims who have benefited from assistance services, the number of victims who have been granted a certificate of presumed victim of trafficking, and who have obtained a residence permit under section 176 of the Act on Foreigners.

Article 4 of the Protocol. Paragraph 1. Access to effective remedies, indulging compensation. The Government points out that victims of trafficking may claim compensation under the Act of 7 July 2005 on State compensation to victims of certain criminal offenses. The scope of compensation covers offenses committed on the territory of Poland, which caused harm to a person with a permanent residence on that territory or on the territory of another Member State of the European Union (EU). The Government further emphasises that, as a general rule, the victims of trafficking in persons may assert their rights to compensation in civil proceedings or seek redress in criminal proceedings. The Committee notes that State compensation can be granted only if the perpetrator fails to comply with the court decision ordering to compensate the victim. The Committee requests the Government to provide information on the number of victims of trafficking in persons or any other form of forced labour who have claimed and obtained compensation for damages suffered, both from the perpetrator (in criminal or civil proceedings) and from State compensation. Please indicate how non-EU victims are granted compensation in the absence of criminal proceedings against their perpetrator.

Paragraph 2. Non-prosecution of victims for acts committed under constraint. The Government indicates that in each criminal proceedings, an assessment of the victim’s behaviour should be carried out, in order to determine whether the prerequisites listed in Article 17(1) of the Code of Criminal Procedure for refusing to initiate criminal proceedings or discontinuing criminal proceedings are met. It is possible to discontinue criminal proceedings for acts committed by victims of trafficking or the penalties provided for victims under the following provisions: (i) section 26 of the Penal Code in the event of a state of greater necessity, pursuant to section 17 of the Code of Criminal Procedure; and (ii) section 60 of the Penal Code on the extraordinary mitigation of the penalty. The Committee requests the Government to indicate if instructions were given to the prosecution officers to apply the above-mentioned provisions to victims of forced labour, including trafficking in persons, who have been compelled to commit unlawful activities as a direct consequence of being subject to forced labour and to provide information in this regard.

Article 25 of the Convention and Article 1(1) of the Protocol. Law enforcement. (i) Labour inspection and collaboration. The Government indicates that one of the tasks of the NLI is to control of the legality of the employment of foreigners (including residence and work permits, employment contracts, and employer compliance with labour law), through specialised employment legality sections operating in all district labour inspectorates. In recent years, the greatest number of irregularities identified concerned: (i) the absence of required medical examinations or health and safety trainings; (ii) the non-payment of wages or other employment benefits; (iii) violations of working time regulations; and (iv) the irregular conclusion of employment contracts. The Government indicates that the NLI may receive complaints filed by workers relating to their labour rights on the basis of which the labour inspector carries out an inspection in the entity to which the complaint relates. If the measures taken by the NLI are unsuccessful, the workers may assert their rights before the courts. It is also possible to take the case directly to the labour court, without lodging a complaint with the NLI.

The Committee also notes the Government’s indication that while the NLI is included in the system of bodies cooperating in combating trafficking in persons, including for forced labour, it does not take direct action in cases of trafficking in persons, as labour inspectors are not entitled to carry out investigative activities and collect evidence or information in such cases. Accordingly, the activities of the NLI with regard suspected cases of trafficking in persons are limited to identifying the characteristics of trafficking and notifying the competent authorities (the Border Guard if the case refers to foreigners; the police or the prosecutor’s office in other cases). The Government indicates that guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of human trafficking crime, in particular for forced labour, have been developed in 2021 and sent to all district labour inspectorates. In addition, the Government states that every year, the training Centre of the NLI hosts a training course on trafficking in persons, including for forced labour, for employees of the NLI. Furthermore, the Government states that, as part of the cooperation between the NLI and the Border Guard, meetings between the NLI and the Border Guard are organized every year, and joint inspections to control the legality of employment and prosecute the crime of trafficking have been conducted by the NLI together with the Police and Border Guard in 2021.

The Committee notes that, in its 2024 concluding observations, the UN Committee on Economic, Social and Cultural Rights expressed concern at reports of deficiencies in enforcing labour laws and decrees, for example non-payment of wages, wage arrears and non-payment of overtime work, including in the formal sector of the economy. It also expressed concern at reports that the resources dedicated to labour inspections are insufficient, including with regard to monitoring and inspections of the working and living conditions of migrant and seasonal workers. The Committee also notes that the 2023 GRETA Report underlined that despite the training, some interlocutors expressed concerns that most labour inspectors lack knowledge and competencies on trafficking in persons. During the reporting period, only one alleged case of labour trafficking was detected by the NLI.

The Committee takes due note of the measures taken to strengthen the capacity of the National Labour Inspectorate to detect cases of trafficking in persons and ensure its cooperation with other relevant law enforcement bodies. It requests the Government to continue to take measures to ensure that the NLI undertakes regular inspections throughout the country in sectors and activities considered at risk of forced labour of migrant workers. It also requests it to provide information on the number of cases detected where violations of labour law provisions in relation to the employment of migrant workers could amount to situations of forced labour as well as on the joint inspections carried out.

(ii) prosecution and application of penalties. The Committee recalls that the Penal Code criminalizes trafficking in persons (section 189a); the use of force or illegal threat to compel another person’s conduct (section 191); offences against workers’ rights (Chapter XXVIII: sections 218 to 221). It takes due note of the Government’s indication according to which the provisions of section 189a of the Penal Code on trafficking in persons were amended by the Act of 7 July 2022 to increase the maximum penalty from 15 to 20 years of imprisonment.

The Government indicates that Poland is a country of origin, transit and destination for victims of trafficking in persons and that it has seen an increase in the number of cases of labour exploitation, although it remains difficult to identify them, and that research shows that the exploitation of foreigners in Poland is most common in agriculture, construction and the food industry. The Government provide detailed information on capacity building activities for law enforcement bodies, such as: (i) annual workshop for Police officers, Border guard officers and prosecutors, on cooperation in prosecuting perpetrators of trafficking in persons offences, exchange of experience, analysis of case law; (ii) production of a manual on trafficking in persons addressed to representatives of the law enforcement and judicial authorities; (iii) regular training on trafficking in persons provided to police officers (from October 2021 to December 2022, 756 police officers were trained and a manual on preventing and combating trafficking in persons has been produced for their attention); (iv) establishment of a Unit for combating trafficking in persons within the Police Headquarters, as well as teams for combating trafficking in persons in every regional Police Headquarters; and (v) appointment of Border Guard Human Trafficking Coordinators in all Border Guard divisions, who participate in numerous training courses and seminars in the area of trafficking.

The Committee notes from the information provided by the Government that the National Prosecutor’s Office initiated 47 investigations for trafficking in persons in 2021, and 24 in 2022, brought 9 indictments in 2021 and 9 in 2022, and prosecuted 25 persons in 2021, and 17 persons in 2022. The Committee encourages the Government to pursue its efforts to strengthen the capacity of law enforcement bodies to better identify all situations that could amount to forced labour, promptly investigate them and when appropriate initiate prosecutions. It requests the Government to provide information in this regard, as well as statistical data on the application of sections 189a and 191 of the Penal Code concerning cases of trafficking in persons and compulsion to work amounting to forced labour, including the number of investigations, prosecutions, convictions and penalties applied.

Article 2(2)(c) of the Convention. Work of prisoners for private individuals, companies and associations. For a number of years, the Committee has requested the Government to ensure that, both in law and in practice, any work or service performed by prisoners for private entities is carried out voluntarily. The Committee noted that, according to the Executive Penal Code, prisoners are allowed to work for private employers; they can be employed on the basis of an employment contract or of any other legal basis, but also on the basis of an order assigning them to a specific job (“a referral to work”). The Committee noted the Government’s indication that prisoners work for private entities on a voluntary basis in practice and that the Ministry of Justice was working on the draft Act amending the Executive Penal Code.

In its report, the Government stresses the importance of work for persons sentenced to imprisonment, in order to acquire professional qualifications and other skills for social readaptation, to manage their time and avoid idleness, and to fulfil their obligations. The Government states that the basic form of employment of prisoners is a referral to work by the director of the prison. It adds that the employment of prisoners shall take place with their consent and under the conditions determined by the director of the penitentiary institution and that a contract is concluded between the director of the prison and a company, defining the conditions of employment, including wages.

In addition, the Government reiterates that, pursuant to section 123(a) of the Executive Penal Code, with the written consent of the convicted person or upon his written request, the director of a prison may allow the convicted person to work for a public institution or an entity of public benefit for free for up to 90 hours per month. The Government adds that section 123(a) also provides that, as an exception to section 123(1) according to which a convicted person shall be paid, a convicted person is not entitled to remuneration for work for social purposes, for the benefit of public entities or for the benefit of commercial law companies with an exclusive share of the State Treasury or a municipality, without exceeding 90 hours per month.

The Government stresses that prison labour is performed under the supervision and control of the public authorities and that there are no grounds for assuming that prisoners are hired to or placed at the disposal of private individuals, companies or associations. In this respect, however, the Committee notes that prisoners may work for private employers, and may therefore be hired by private entities. The Committee is consequently bound to recall once again that work for private parties can be held compatible with Article 2(2)(c) of the Convention only if prisoners voluntarily enter a normal employment relationship with private employers, through their free, informed and formal consent, and perform work under conditions approximating a free employment relationship. The Committee requests the Government to take the necessary measures to ensure that prisoners who perform work for private entities, including through a referral to work, express formally their free and informed consent to work and perform that work under conditions that approximate those of a free labour relationship, including the payment of wages. The Committee also requests the Government to provide information on the progress made regarding the adoption of the draft Act amending the Executive Penal Code.