Poland – Slavery 2nd NAP
2. Ministry of Development Funds and Regional Policy
Responsible business – promoting due diligence standards
[page 10]
“The plans of the Working Group [for Relations with Individuals Performing Work] include, among others, the following activities:
– promotion of the handbook entitled: “Forced labour. A Guidebook: how to recognise and combat it” consisting in a wide-ranging e-mailing of the handbook, mailing of the paper version and organisation of webinars on the tools presented in the handbook. Information on the tools developed in the handbook will also be provided during meetings and trainings addressed to entrepreneurs organised by the Advisory Board for Sustainable Development and Corporate Social Responsibility”
(…)
“- developing tools for entrepreneurs as set out in the handbook on tools for minimising forced labour in enterprises in an electronic version, downloadable from the website of the Working Group for Relations with Individuals Performing Work”
[page 11]
(…)
“- cooperation with other multilateral cooperation platforms for counteracting undesirable phenomena related to the failure to respect human rights in business activity of enterprises, e.g. with the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration.”
6. Ministry of Justice
Proposal of a definition of forced labour
[page 25]
“The Ministry of Justice has received the material developed within the framework of the Working Group for Relations with Individuals Performing Work of the Advisory Board for Sustainable Development and Corporate Social Responsibility – an auxiliary body of the Minister of Investment and Development, containing a proposal for the definition of forced labour. The Ministry of Justice will examine the possibility of working on the criminalisation of forced labour as a prohibited act positioned between the violation of labour rights and trafficking in human beings.”
7. Ministry of the Interior and Administration
Combating the phenomenon of trafficking in human beings for forced labour
[page 26]
“1. Building awareness of the threat of exploitation and forced labour, e.g. through poster campaign, information meetings.
2. Developing guidelines for labour inspectors on the methodology of conducting control activities in cases where there is a suspicion of trafficking in human beings, in particular forced labour, and implementing them.”
11. Ministry of Foreign Affairs
Consular activities
[page 30]
“ 1. Trainings for persons about to hold consular posts
The Consular Department of the Ministry of Foreign Affairs in cooperation with the Ministry of the Interior and Administration and with the participation of representatives of the NGO La Strada will organise cyclical training for candidates for consular posts. The aim of the training is to familiarise future consular staff with the subject of trafficking in human beings, to provide information on emerging forms of trafficking in human beings, to indicate how an alleged victim of such activities can be identified and how and to what extent a consul can provide assistance.
2. Preventive actions and cooperation with other entities
(…) Moreover, consuls shall take part in meetings devoted to the phenomenon of trafficking in human beings organised by the authorities of the countries of accreditation and organisations operating there. These issues are raised within the framework of local consular cooperation with representations of other EU Member States. The missions also maintain ongoing contact with labour inspectorates, public order services, NGOs and foundations dealing with this issue. Representatives of the Ministry of Foreign Affairs participate in meetings of the Unit for Preventing Trafficking in Human Beings and maintain close contact with NGOs supporting victims of trafficking in human beings, e.g. with the ITAKA Foundation. In cooperation with the Ministry of the Interior and Administration, the Consular Department of the Ministry of Foreign Affairs placed on the e-consulate website (https://e-konsulat.gov.pl/), in all nine language versions, a banner on counteracting trafficking in human beings, directing to the website of the National Consulting and Intervention Centre for the Victims of Trafficking in Human Beings (in relevant languages – https://www.kcik.pl/).
Consular assistance activities
Assistance to Polish citizens, as well as unrepresented citizens of an EU Member State who are, inter alia, potential victims of trafficking in human beings abroad, will be provided on an individual basis under the provisions of the Act of 25 June 2015 – Consular Law. “
12. Public Procurement Office
The new Public Procurement Law (Journal of Laws of 2021, items 1129 and 1598)
[page 34]
“Among the new solutions in the Public Procurement Law, which – in addition to the regulations already existing in this respect – are aimed at supporting the implementation of social policy objectives within the framework of public procurement, the following, inter alia, should be mentioned:
(…)
“• Article 104 on the possibility of direct reference by the contracting body to a specific label in the description of the subject-matter of the contract, the description of the contract award criteria or in the contract performance requirements in order to highlight the specific characteristics of the contract (including social ones). Labels by means of which contracting bodies may specify requirements connected with the pursuit of social objectives in the description of the subject-matter of the contract, the contract award criteria and the contract performance requirements , in the criteria on which their award to certain products and services is based, refer, inter alia, to compliance with social and economic rights, such as (…) prohibition of forced labour”
(…)
“• Article 108(1), concerning the obligation to exclude from public procurement procedures economic operators who have been the subjects of a conviction for trafficking in human beings,”
13. National Labour Inspectorate
Tasks of the National Labour Inspectorate in the field of combating trafficking in human beings, in particular, for forced labour
[page 37-38]
“National Labour Inspectorate services play an important role in combating trafficking in human beings, including trafficking for forced labour. (…) At the central level, a representative of the Chief Labour Inspectorate participates in meetings of the Unit for Preventing Trafficking in Human Beings in the Ministry of the Interior and Administration and in the works of the Unit’s Working Groups. The National Labour Inspectorate carries out tasks under the National Action Plan against Trafficking in Human Beings (currently for 2020-2021) and reports annually on their implementation to the Ministry of the Interior and Administration. In addition, selected labour inspectors from regional labour inspectorates participate in the work of Voivodship Units for Preventing Trafficking in Human Beings.
The National Labour Inspectorate will continue to carry out tasks in this area as part of the currently designed National Action Plan against Trafficking in Human Beings for 2022-2024. Their scope has not been determined yet. It should be assumed that under the new NAP, cooperation with the Ministry of the Interior and Administration within the Unit for Preventing Trafficking in Human Beings on the central level will continue, on the local level – within Voivodship Units for Preventing Trafficking in Human Beings, as well as training activities addressed to PIP employees in the area of this issue, and cooperation with the Border Guard.
Within the framework of the supervisory and inspection tasks, in particular when inspecting the legality of employment and the assignation and performance of work by foreign nationals, labour inspectors verify whether there are indications of forced labour at an inspected establishment, a phenomenon which is characterised by taking control over an employee and results in a violation of human rights. In order to evaluate and identify potential victims of trafficking, especially for forced labour, a number of indicators are used (developed by both ILO and the Ministry of the Interior counteract the phenomenon of trafficking in human beings for forced labour through the implementation of an appropriate information policy, the application of regulations and guidelines relevant to consular services in this regard and ongoing cooperation with services and NGOs dealing with this issue.”