Human trafficking

What is human trafficking?

Human trafficking is the recruitment, transportation, transfer, harbouring or receipt of persons by means of:

• use of force or threat,
• abduction,
• fraud,
• deception or abuse of a mistake or of the inability to properly understand actions being taken,
• the abuse of power, of a difficult situation or of a position of vulnerability,
• the giving or receiving of payments or benefits to acquire the consent of a person having control over another person

for the purpose of their exploitation, even with their consent, in particular in prostitution, pornography or other forms of sexual exploitation, forced labour or services, slavery or servitude or begging or other forms of exploitation in violation of human dignity (what other circumstances may indicate that a person is a victim of trafficking?) or for the purpose of obtaining cells, tissues or organs contrary to statutory provisions.

NOTE! If the activity of the perpetrator impacts a child (a person under 18 years of age) it constitutes human trafficking, even if the methods or means listed above have not been used.

Trafficking is a crime which is subject to the penalty of imprisonment for a period from 3 to 15 years. Also, preparing to commit the crime of human trafficking is subject to penalty.

NOTE! Victims of human trafficking are entitled to receive help, regardless of their citizenship and legal status.

What additional circumstances may point to the fact of being a victim of human trafficking?

If you:

• have worked in conditions breaching the provisions of the Polish Labour Code, which state:
• working time may not exceed 8 hours per day and an average of 40 hours in an average five-day working week in the adopted settlement period not exceeding 4 months;
• the weekly working time including overtime can not exceed 48 hours in the adopted settlement period;
• the employee is entitled to at least 11 consecutive hours of rest in any given day;
• the conditions of your accommodation arranged by the employer are disgraceful;
• you are beaten, threatened, intimidated, forced to work;
• you are working without a contract or based on a contract whose provisions you do not understand (you did not receive the document translated into a language you understand);
• you do not receive pay or receive pay lower than was agreed upon before your departure;
• you are performing a job different to the one you agreed to…

you might be a victim of human trafficking….

ATTENTION!: Remember that even if you agreed to these terms and conditions of employment, the employer is breaking the law!

Trafficking for forced labour

The following elements characteristic of forced labour should be useful for the purposes of defining human trafficking for forced labour:

• the use of unfair practices or coercion by the employer or the person recruited for the given position,
• the use of physical or psychological violence,
• deprivation of liberty, control of mobility,
• work without remuneration,
• work without an employment contract,
• poor social and living conditions,
• debt bondage,
• work time significantly exceeding acceptable standards,
• confiscation of documents (e.g. valid visa, identity card, etc.)

If someone arranged for a foreigner to work in Poland (even if it was an employment agency) but did not inform the migrant worker about the working conditions, or if these conditions proved different than those specified in the documents used by the foreigner (declaration of intention to entrust work to a foreigner, visa), which led to the exploitation of the foreigner for forced labour by their employer, it is assumed that the foreigner may have been a victim of human trafficking for forced labour.

Where to look for help?

Help is provided by the National Consulting and Intervention Center for the Victims of Trafficking (KCIK).

KCIK is run by NGOs (www.strada.org.pl and www.po-moc.pl), and its activity is financed from the state budget.

Assistance is provided free of charge.

• KCIK provides assistance for individuals considered as victims of human trafficking by the Police, the Border Guard Service, the Prosecutor's Office or employees of KCIK.
• KCIK also provides assistance for all those who are victims of trafficking and who do not wish to cooperate with the Police, the Border Guard Service or the Prosecutor's Office.

How to receive help?

Human trafficking victims/witnesses support and protection programme
The human trafficking victims/witnesses support and protection programme means assistance for individuals considered victims of human trafficking by the Police, the Border Guard Service or the Prosecutor's Office.

In order to participate in the programme it is required to end all contacts with the perpetrators and to decide to start co-operating with law enforcement organs. Such a decision entails filing a notification about the committed crime. Individuals who have not yet decided whether they want to testify may use a so-called reflection period, although not longer than 3 months (or 4 months in the case of minors). During this period they are also entitled to receive help.

The programme covers individuals who:

• are using the reflection period (up to 3 months) i.e. they receive assistance from KCIK but they have not decided whether they want to start co-operating with law enforcement organs yet, or
• are co-operating with law enforcement organs until the moment of completion of the procedures in which they are participating.

Participants of the Programme:

• may legalise their stay in Poland (if they are staying illegally) – how can foreigners legalise their stay in Poland? 
• during the reflection period and during proedures also receive help in the form of:
• - safe accommodation,
• - food,
• - healthcare,
• - psychological support,
• - legal consultations,
• - assistance of a translator,
• - transport within the country,
• - assistance of an employee of the organisation in contacts with law enforcement and courts in the course of testifying and participating in court proceedings.

Assistance provided under the Programme ends at the moment all procedures with the participation of the victim are closed.

Help for victims recognised by KCIK but not recognised by the Police, the Border Guard Service or the Prosecutor's Office

If an individual does not want to start co-operation with law enforcement but is a victim of human trafficking in the opinion of the employees of KCIK, such an individual will also receive help. These individuals will be provided with safe accommodation, food, healthcare, psychological support, legal consultations and the assistance of a translator.

Note! In this situation it is, however, impossible to legalise one's stay in Poland if the individual is staying in Poland illegally.

Rights of victims of human trafficking

Human trafficking victims who co-operate with law enforcement and end all contacts with the perpetrators may work in Poland without a work permit – what is a work permit?

Individuals using the reflection period (who are staying in Poland pursuant to a certificate) do not have the right to work. However, human trafficking victims who have started co-operation with law enforcement organs are entitled to work. Human trafficking victims may apply for welfare benefits. The following groups are entitled to receive support under the welfare system: foreigners identified as human trafficking victims in Poland, who are staying on the territory of Poland pursuant to a certificate confirming the presumption that they are victims of human trafficking or to a temporary residence permit for victims of human trafficking.

Human trafficking victims are also entitled to claim compensation (compensation and damages). Compensation proceedings are adjudicated by a district court and are initiated upon the motion of the victim or other authorised party (in some cases this includes the prosecutor). The right to claim compensation does not depend on the detection, accusation or conviction of the perpetrator of the crime.

Minor victims of human trafficking

Minor victims of human trafficking, i.e. persons under 18 years of age, are covered by the Human trafficking victims/witnesses support and protection programme realised by KCIK.

If a minor victim of human trafficking is staying in Poland without a legal custodian, the guardianship court will issue a decision placing him in a special education care facility prepared for the admission of minor human trafficking victims or in a foster family, and a legal representative will be appointed, i.e. guardian.

The guardian represents the child in proceedings before the guardianship court and in other courts, e.g. connected with the legalisation of stay in Poland or the arrangement of return to the country of origin (provided that it is for the benefit of the child and that the procedure will allow the child to return to the home country safely)

Contact

National Consulting and Intervention Centre for the Victims of Trafficking (KCIK)

email: info@kcik.pl
telephone: (+48) 22 628 01 20

Emergency interventions are carried out 24 hours a day: +48 605-687-750

More information is available on the website of KCIK