Non-Conviction Requirement for Persons Working with Children – Changes in the Labor Code

Table of Contents:

  1. What can an employer check?
  2. Who supervises employers?

On February 15, 2024, an amendment to the Act on Preventing Sexual Crime Threats (Journal of Laws of 2023, item 1304) came into force.

According to the amended provisions of Chapter 3 of this Act, employers or other entities engaged in activities related to the upbringing, education, recreation, treatment, provision of psychological advice, spiritual development, sports practice, or other interests of minors, or the care of minors, are subject to obligations aimed at preventing sexual crimes against children.

What can an employer check?

Employer obligations begin at the recruitment stage. The employer must verify whether the candidate’s data is listed in the Register of Sexual Offenders with Restricted Access or in the Register of Persons against whom the State Commission for the Prevention of Sexual Exploitation of Minors under the age of 15 has issued an entry order.

A job candidate must present to the employer a certificate of no criminal record from the National Criminal Register regarding offenses specified in Chapters XIX and XXV of the Penal Code, in Articles 189a and 207 of the Penal Code, and in the Act of July 29, 2005, on Counteracting Drug Addiction (Journal of Laws of 2023, item 172, and of 2022, item 2600), or for corresponding offenses defined in foreign law.

Co może sprawdzać pracodawca?

Who supervises employers?

The authorities entitled to supervise the implementation of employer obligations include local government bodies (village heads, mayors, city presidents, district heads, or provincial marshals), bodies managing or supervising education system units, and the Labor Inspectorate. If a violation of the regulations is found, the supervising entity is obliged to immediately inform the Police or the prosecutor. The sanctions that can be imposed for failing to meet verification obligations include arrest, restriction of liberty, or a fine of not less than 1,000 PLN.

Moreover, a person who, despite having knowledge, allows an individual with a court order prohibiting them from holding certain positions, practicing certain professions, or engaging in activities related to the upbringing, education, or treatment of minors, or caring for them, to work with children, is subject to a prison sentence of 3 months to 5 years.