The amendment to the Act on the Prevention of Sexual Offenses (the so-called Kamilek Act) is a response to the numerous cases of violence (including sexual violence) against children, which have been widely publicized in the media. The act, which has already been in effect since 2017, has imposed obligations on a number of entities, including employers, to verify whether those allowed to work with children have a history of criminal convictions for crimes against life and health, sexual freedom or drug offenses. Now these obligations have been expanded. 

All units organizing educational or interest development activities by minors (persons under 18) are required to implement standards for the protection of minors. This applies not only to educational institutions (school, kindergartens or universities). Educational activities are also carried out, among others, by employers offering practical vocational training (regulated by the Education Act), internships or various forms of vocational preparation. Finally, the holding of family picnics and other such events by some employers, if minors can participate, obliges them to implement standards. 

Employers engaged in the business of educating and caring for minors must also vet each person who will provide such care. This applies to supervisors of training or vocational learning, supervisors or even animators. Before allowing them to do such work, the employer is obliged to check whether such a person's data appears in the Sexual Offender Register. Such individuals should also be required to submit information from the National Criminal Register regarding sexual, life and health and drug offenses, among others. Such a candidate, if not Polish, shall furthermore present a certificate from the country of his/her citizenship and from all countries where he/she has lived in the past 20 years. Finally, the candidate should submit a statement, under penalty of criminal liability, as to whether he/she has been convicted of crimes against the family and guardianship (including bigamy, abuse, inducing minor to drink alcoholic beverages). 

Failure by the employer to comply with these obligations is a misdemeanour punishable by arrest, restriction of freedom or a fine from PLN 1,000 to 5,000. 
 

Find more in the PRO HR May 2024.