Amendment of the Law on the Protection of Minors – new obligations for employers

On Thursday, February 15, 2024, the provisions of the amended Act on Combating Sexual Offences and Protecting Minors will come into force. The new wording of the act and the scope of the applied regulations will concern specific measures for the protection of minors.

Before entering into any employment with an individual or before allowing an individual to engage in other activities related to the upbringing, education, recreation, medical treatment, provision of psychological counselling, spiritual development, sports, or the realization of other interests of minors, as well as their care, the employer or any other organizer of such activities, as well as the individual with whom an employment relationship shall be established or who receives the allowance to engage in such activities, will be subject to additional obligations.

The provisions of the amended law introduce an obligation to provide the employer or any other organizer with information from the National Criminal Register regarding offences specified in:

• Chapters XIX and XXV of the Penal Code,
• Article 189a and Article 207 of the Penal Code,
• the Act of July 29, 2005, on Counteracting Drug Addiction, or equivalent offences as specified in the laws of foreign countries.

In the case of individuals holding citizenship of a country other than that of Poland, in addition to information from the National Criminal Register, the obligation to provide the employer or other organizer with information from the criminal register of the citizenship country for professional or volunteer activities involving contact with children has been imposed. Individuals (Polish citizens and foreigners) residing outside Poland within the last 20 years and in the country of citizenship will also be required to provide such information – such individuals will submit a statement regarding the country or countries in which they resided in the last 20 years and they will be obliged to provide information from the criminal record registers of those countries.

In situations where a particular country does not maintain a criminal record register, individuals will be required to provide the employer or other organizer with a statement to this effect, along with a declaration that they have not been legally binding sentenced in that country for offences corresponding to those as specified above (chapters XIX and XXV of the Penal Code, Article 189a and Article 207 of the Penal Code, the Act of July 29, 2005, on Counteracting Drug Addiction, or equivalent offences specified in the laws of foreign countries).

Statements submitted to employers and organizers will be made under pain of criminal liability for making a false testimony. The provisions stipulate that anyone who allows an individual to work or engage in other activities without obtaining the above-mentioned information is liable to arrest, imprisonment, or a fine of not less than 1000 PLN.

The above-mentioned information shall be recorded by the employer or any other organizer in print form to be attached to the personnel dossier of the employee or the documentation concerning the person allowed to engage in activities related to the upbringing, education, recreation, medical treatment, provision of psychological counselling, spiritual development, sports, or other interests of minors, as well as their care.

The performance of the obligations mentioned above is not required from a family member of a minor or a person personally known to the minor’s parent or a legal guardian when they are performed in relation to a minor child whose parent or legal guardian is the one allowing the activities.

Source: The article was created in collaboration with our cooperation partner – SDZLEGAL Schindhelm Law Office

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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