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Authors:

  • Wojciech Sawicki

    Junior Associate, Duraj Reck & Partners Law Firm

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14 February 2024

Protection of minors against violence – the so-called The Camilla Act

February 15, 2024 enters into force of the so-called The Kamilka Act, which will introduce a number of solutions aimed at counteracting the threats of sexual offences and ensuring the protection of minors. If you are an employer and your activities concern upbringing, education, leisure, medical treatment, provision of psychological counseling, spiritual development, playing sports or other interests by minors, or caring for them, you must check whether he or she is not a sex offender before you hire a new employee.

You will be able to check it at this link – Register of Sex Offenders (ms.gov.pl) The information that the employer obtains from the Registers must be recorded in the form of a printout and attached to the employee’s personal file.

In addition, the future employee submits to the employer information from the National Criminal Register regarding the offences specified in Chapters XIX and XXV of the Criminal Code, in particular Art. 189a and Art. Article 207 of the Criminal Code and in the Act of 29 July 2005 on Counteracting Drug Addiction, or for the corresponding offences specified in the provisions of foreign law.

If the future employee is a foreigner, he/she additionally submits to the employer information from the criminal record of his/her country of citizenship, obtained for the purposes of professional or voluntary activities related to contacts with children. In addition, he/she submits to the employer a statement about the country or countries in which he/she has resided in the last 20 years, other than the Republic of Poland and the country of citizenship, and at the same time submits to the employer information from the criminal records of these countries obtained for the purposes of professional or voluntary activities related to contacts with children.

If the law of the country of the prospective employee (his nationality or previous residence) does not provide for the release of information for the purposes of professional or voluntary activities related to contact with children, the information from the criminal record of that country shall be submitted.

If the law of the country from which the information on the criminal record is to be submitted does not provide for its preparation or there is no criminal record in the country concerned, the future employee submits a statement of this fact to the employer together with a statement that he or she has not been finally convicted in that country for prohibited acts corresponding to the offences specified in Chapters XIX and XXV of the Criminal Code. referred to in Article 189a and Art. Article 207 of the Criminal Code and the Act of 29 July 2005 on counteracting drug addiction and no other ruling has been issued against him in which it has been stated that he has committed such prohibited acts, and that he is not obliged by a decision of a court, other competent authority or law to comply with the prohibition of holding any or specific positions, performing any or specific professions or activities related to upbringing, education, leisure, treatment, provision of psychological counselling, spiritual development, participation in sports or other interests by minors, or taking care of them. In such a case, the statement must include the entire above formula.

Any statements are made under penalty of perjury. The declarant is obliged to include the following clause in the declaration: “I am aware of the criminal liability for making a false statement”. This clause replaces the instruction of the authority on criminal liability for making a false statement.

The information and statements obtained from the employee shall be attached by the employer to the employee’s personal file or documentation concerning the person admitted to such activity.

To sum up, before entering into an employment contract:

  • the most important thing for employers is to check future employees in the Register,
  • The most important thing for employees is to submit appropriate statements and documents related to criminal records for sexual offences.

Read more on the blog:

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