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Poland – Financial industry employers can inquire about criminal records

Written by
Raczkowski largest boutique firm focusing on HR law.
New regulations came into force in Poland on 27 June allowing companies in the financial sector to enquire about the criminal record of their employees and candidates and to act on the information received.

On 27 June 2018, new regulations came into force that make it possible for employees in the financial sector to make enquiries about the criminal records of job candidates and employees. Businesses in this industry will have the right to verify whether their current or future employees have criminal convictions for certain types of crimes. Until now, there has been no legal basis to do so.

The financial sector, including banks, stock brokers and credit institutions, will be able to request information about the criminal record of job candidates or employees employed within Poland. Enquiries may apply not just to employees on employment contracts, but also to people employed under civil law agreements.

However, the rules only apply to people being recruited or working in jobs involving the management of the assets of the employer or its clients, having access to legally protected information or making decisions bearing a high risk of loss of property or other significant loss. The Act also does not apply to all offences, but lists the offences that can be enquired about. These include document fraud, property offences, data protection and offences relating to trading in money or securities. A declaration may be requested from a job candidate once, and from those already employed, once every 12 months, or when there is a justifiable suspicion that an employee may have been convicted of a relevant offence.

Failure by an employee or candidate to either to confirm that there has been a conviction or to provide a declaration or information about a criminal record can be reason to refuse to hire a candidate, or, in the case of an employee, to terminate an employment contract with notice. Civil contracts may also be terminated.