Human traffickingPrint
What is human trafficking?
Trafficking in human beings is:
enlisting, transporting, delivering, handing over, keeping closed or accepting a person with the use of:
violence or threats,
abduction,
deception,
misrepresentation or exploitation of an error or inability to properly understand the action taken,
abuse of the relationship of dependency, the use of a critical position or state of helplessness,
granting or accepting a material or personal advantage or a promise of one to a person who carries out custody or supervision over another person in order to:
use, even with their consent, in prostitution, pornography or other forms of sexual exploitation, in forced labour or services, in begging, slavery or other forms of abuse that degrade human dignity (what additional circumstances may indicate the fact of being a victim of trafficking in human beings? ->) or to obtain cells, tissues, or organs against the provisions of the Act.
NOTE! If the purpose of the perpetrator's action is to use a child (persons under the age of 18) in the manner specified above, such action constitutes trafficking in human beings, even if the above-mentioned methods or means have not been used.
Pursuant to the regulations in force in Poland, trafficking in human beings is a crime punishable by imprisonment from 3 to 15 years. Preparation for committing the crime of human trafficking is also punishable.
NOTE! Victims of trafficking in human beings are eligible for aid, regardless of their nationality and legal status.
ADDITIONAL CIRCUMSTANCES THAT COULD INDICATE TRAFFICKING IN HUMAN FOR FORCED LABOUR
If you worked in conditions inconsistent with the Polish Labour Code, i.e., inconsistent with the general principles, according to which:
- the working time may not exceed 8 hours a day and an average of 40 hours in an average five-day working week in the assumed settlement period not exceeding 4 months;
- weekly working time, including overtime, may not exceed an average of 48 hours in the assumed settlement period;
- an employee is entitled to at least 11 hours of uninterrupted rest every 24 hours);
- the accommodation conditions provided by the employer did not meet basic standards of comfort and hygiene;
- people have been subjected to intimidation, physical violence, forced labour;
- you have performed work without a signed contract or the employment contract that you have been presented for signature was in a language you do not know;
- despite the performance of work, you do not receive the agreed remuneration or receive remuneration in a lower amount than it was agreed;
- you perform a different job than you were supposed to do
you may have become a victim of human trafficking.
Note: Remember that your agreement to the terms of employment does not exclude your employer's liability for illegal activity.
TRADE IN HUMANS FOR FORCED LABOUR
The following circumstances specific to forced labour may be helpful in determining what is trafficking in human beings for forced labour:
- the employer or the recruiter uses unfair practices or coercion,
- the use of physical or mental violence against employees;
- deprivation of liberty, control, or restriction of the mobility of workers,
- work without remuneration,
- work without an employment contract,
- poor social and living conditions,
- work for debt,
- forcing to work significantly exceeding the permissible norms,
- taking documents away from employees (e.g., passport)
If a foreigner was employed in Poland, without detailed information on the conditions of work performance or if the conditions were different from those presented to them during the recruitment and as a result they were used by their employer, there is a probability that they could be a victim of trafficking in human beings for forced labour.
WHERE TO SEEK HELP?
A person who may have been a victim of trafficking in human beings may obtain assistance from the National Intervention and Consultation Centre for Victims of Human Trafficking (KCIK).
KCIK is currently managed by two non-governmental organizations (La Strada Foundation and Po-Moc Association: www.strada.org.pl and www.po-moc.pl), its activities are financed from the state budget.
The assistance provided is free of charge.
KCIK aids people recognized as victims of trafficking in human beings by the Police, Border Guard, the Public Prosecutor's Office or KCIK employees.
KCIK also aids all those who, in the opinion of KCIK experts, are victims of trafficking in human beings and who have not established or do not want to establish contact with the Police, Border Guard or the Public Prosecutor's Office.
WHAT HELP CAN PEOPLE GET?
Victim / witness of human trafficking support and protection program
The program of support and protection for a victim / witness of trafficking in human beings provides for assistance to persons recognized as victims of trafficking in human beings by law enforcement agencies (Police, Border Guard) or the Public Prosecutor's Office.
Participation in the program requires the victim to sever all contacts with the perpetrators and decide to cooperate with law enforcement agencies. This decision is related to the submission of a notification of a crime. People who have not yet decided whether they want to testify can take advantage of the so-called “reflection time”, but no longer than 3 months (or 4 months in the case of minors). During this period, they will also be able to benefit from assistance.
The program covers people who use the “reflection time” (up to 3 months), i.e. are covered by the KCIK assistance, or cooperate with law enforcement authorities until the end of the procedural activities with their participation.
Persons covered by the Program may legalize their stay in Poland (if they are staying illegally) - how can they legalize their stay in Poland? ->
During the three-month “reflection period” and during procedural activities, the program beneficiaries also receive assistance in the form of:
- safe accommodation,
- food,
- medical care,
- psychological support,
- legal consultations,
- help of an interpreter,
- transport within the country,
- assistance of an organization employee in contacts with law enforcement agencies and the judiciary while giving testimony and participating in a court trial.
The termination of assistance under the program takes place upon completion of procedural activities with the participation of the injured party.
Aid for victims recognized by KCIK employees as potential victims of trafficking in human beings, whose status has never been formally confirmed by the Police, Border Guard or the Prosecutor's Office
A person who does not want to cooperate with law enforcement authorities, but in the opinion of KCIK employees is a victim of trafficking in human beings, may also get help. The person will be provided with safe accommodation, food, medical care, psychological support, legal consultations, and the help of an interpreter.
Note! In such a situation, however, it is not possible to legalize their stay in Poland, if the person is staying in the country illegally.
RIGHTS OF VICTIMS OF HUMAN TRAFFICKING
A victim of trafficking in human beings cooperating with law enforcement agencies, who severed contacts with the perpetrators, may work in Poland without a work permit - what is a work permit?
A person using the “reflection time” and staying in Poland on the basis of an appropriate certificate issued by law enforcement agencies is not entitled to the right to work. The right to work is granted to a victim of trafficking in human beings who has cooperated with law enforcement agencies. Victims of human trafficking may also apply for social aid benefits. Support under the social assistance system is available to: foreigners identified in Poland as victims of trafficking in human beings who are staying on the territory of Poland on the basis of a certificate confirming the presumption that they are victims of trafficking in human beings or a temporary residence permit for victims of human trafficking.
A victim of trafficking in human beings also has the right to apply for compensation (redress and compensation). The compensation process is pending in a district court and begins at the request of the injured party or another entitled person (in some cases also the prosecutor). The application for compensation does not depend on the conviction of the perpetrator of the crime.
A MINOR VICTIM OF HUMAN TRAFFICKING
A minor victim of trafficking in human beings, i.e., a person under the age of 18, is included in the Program of Support and Protection of a Victim / Witness of Trafficking in Human Beings implemented by KCIK.
If a minor victim of trafficking in human beings is unaccompanied in Poland, the guardianship court issues a decision to place them in a special care and educational facility ready to accept minor victims of trafficking in human beings or in a foster family, and to appoint a legal representative, i.e., a probation officer.
The probation officer represents the child in proceedings before the guardianship court and in other proceedings, e.g., related to the legalization of stay in Poland, or the organization of their return to the country of origin (provided that it is in the best interests of the child and if the procedure enables safe return to their country).
National Intervention and Consultation Centre for victims of trafficking in human beings (KCIK)
e-mail: info@kcik.pl
telephone number (+48) 22 628 01 20
Helpline: +48 22 628 99 99* (help, advice)
Emergency interventions are undertaken 24 hours a day: +48 605-687-750
For more information, please visit the KICK website ->
Human trafficking is the act of recruitment, transportation, purchase, sale, transfer, receipt or harbouring of a person using:
- violence or threats,
- abduction,
- deception,
- misrepresentation or exploitation of a person's error or inability to properly understand the action taken,
- abuse of power or of critical circumstances or of a position of vulnerability,
- giving or receiving of payments or benefits to achieve the consent of a person having control over another person
for the purpose of exploitation, even with their consent, in particular in prostitution, pornography or other forms of sexual exploitation, in labour or services of a forced nature, begging, slavery or other forms of exploitation degrading to the human dignity (what additional circumstances may point to the fact of being a victim of human trafficking? ->) or in order to obtain the cells, tissues or organs in violation of the Act.
NOTE!: If the behaviour of the offender concerns a child ( a minor – a person under 18 years of age), it is deemed to constitute human trafficking even when the above-mentioned methods or measures have not been used.
Human trafficking is a criminal offence inPoland, punishable by imprisonment of 3 to 15 years.
NOTE!: Victims of trafficking in humans have right to assistance regardless of their nationality and legal status.
