Financial industry employers can inquire about criminal record

2018.06.29

On 27th  June 2018, new regulations are coming into force that make it possible to make inquiries about the criminal record of job candidates and employees in the financial sector. Entities from 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 for that.

The financial sector, e.g. banks, stock brokerages or credit institutions, will be able to request information about the criminal record of job candidates or employees employed in the territory of the Republic of Poland. The inquiry may apply not just to employees on employment contracts, but also to people employed on the basis of civil law agreements.

It is crucial, that the person asked about their criminal record is being recruited for or is employed in a position involved in the management of the assets of the employer or its clients, access to legally protected information or decision-making that bears a high risk of property loss or another significant loss. The verification will not apply to all the offences. The act explicitly lists the offences that can be inquired about. These include document fraud, offences against property and information protection as well as offences against the trade in money or securities. Such a declaration may be requested from a job candidate once, and once every 12 months from those already employed, or when there is a justifiable suspicion that the employee has been convicted. 

Failure to provide a declaration or information on criminal record, or providing information that confirms that the person has been convicted in a legally-binding way, can be a reason for refusing to hire a candidate, and, in the case of an employee, to terminate a contract of employment with notice or to terminate another contract regardless of its legal basis.