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Tackling Labour Exploitation in Poland, Bulgaria and Romania

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March 2019 Tackling labour exploitation in Poland, Bulgaria and Romania Author: Suzanne Hoff (La Strada International) RIGHTS AT WORK TACKLING LABOUR EXPLOITATION IN POLAND, BULGARIA AND ROMANIA Colophon Rights at Work Tackling labour exploitation in Poland, Bulgaria and Romania March 2019 This publication has been made possible Author Suzanne Hoff with the financial support of the Dutch (La Strada International) Ministry of Foreign Affairs (Small Human Copy editor Stephanie Ross Rights Fund). It was developed within the Cover photo Shutterstock framework of the project Rights at Work – Layout Frans Schupp Tackling labour exploitaiton in all economic sectors in Poland, Bulgaria and Romania. Acknowledgements La Strada International would like to thank all the organisations that partnered in this project, including: the Centre for Research on Multinational Corporations (SOMO), FairWork, La Strada Foundation against Trafficking in Persons and Slavery (La Strada Poland), the Association for Legal Intervention (SIP) in Poland, AIDRom in Romania and Animus Association Foundation in Bulgaria. The following people contributed by providing and collecting information and/or reviewing specific sections of this publication. Their input, comments and additions were invaluable: Ilona Hartlief, Katrin Mc Gauran, Joanna Garnier, Irena Dawid, Antoaneta Vassileva, Nadia Kozhouharova, Dobryana Petkova, Katarzyna Slubik, Elena Timofticiuc, Louis Ulrich and Julia Muraszkiewicz. Further special thanks go to those who supported the implementation of the Rights at Work project, including Esther de Haan, Karin Burgerhout and Eline Willemsen, all participants of the final conference of the project held on 28 September 2018 in Amsterdam, the Netherlands, as well as all those in Poland, Bulgaria and Romania who attended project activities and were ready to be interviewed during the fact-finding missions in 2017. The content of this publication is the sole responsibility of La Strada International. Published by: La Strada International NGO Platform Against Trafficking in Human Beings Postbus 15865, 1001NJ Amsterdam The Netherlands Tel: +31 20 688 14 14 [email protected] www.lastradainternational.org La Strada International (LSI) is a leading and value-driven platform uniting European NGOs, operating independently and from a grassroots level, to ensure a world without trafficking in human beings where human rights are respected. LSI monitors European anti-trafficking policies and measures and promotes human rights protection of trafficked persons through lobbying and advocacy, data collection and analytical research and capacity building. 2 RIGHTS AT WORK TACKLING LABOUR EXPLOITATION IN POLAND, BULGARIA AND ROMANIA Contents In general .......................................................................................................... 6 1 Introduction .................................................................................................................................................. 7 1.1 Rights at Work – a project to tackle labour exploitation ................................................................. 7 1.2 Focus, methodology and definitions .....................................................................................................8 2 Legal context .............................................................................................................................................10 2.1 Legal definitions ......................................................................................................................................... 11 3 European operational context .............................................................................................................16 4 Summary and conclusions ....................................................................................................................18 5 Common recommendations ................................................................................................................21 In focus: Poland ............................................................................................ 24 1 National context .......................................................................................................................................25 1.1 Political and Social situation ..................................................................................................................25 1.2 Economic situation and employment ................................................................................................26 1.3 Migrant workers in Poland .....................................................................................................................27 1.4 Asylum seekers and recognised refugees ..........................................................................................29 1.5 Demand for workers and access to legal employment ................................................................ 30 1.6 Revised legislation ....................................................................................................................................31 1.7 Statistics on declarations of intent and work visas .........................................................................32 1.8 Migrant workers’ vulnerability to exploitation ..................................................................................33 1.9 Complaint mechanisms ..........................................................................................................................34 1.10 Vulnerable economic sectors ................................................................................................................35 1.11 Exploitative practices intermediaries....................................................................................................36 2 Legal framework and other non-binding initiatives .......................................................................37 2.1 Criminalisation of human trafficking ....................................................................................................37 2.2 Criminalisation of Forced labour .......................................................................................................... 38 2.3 ILO Forced Labour Protocol 2014 .......................................................................................................39 2.4 Labour Code ...............................................................................................................................................39 2.5 Law on promotion of employment and labour market instruments ......................................... 40 2.6 Alien Law .................................................................................................................................................... 40 2.7 Other non-legally binding initiatives ................................................................................................... 40 2.8 National Action Plan on human trafficking .......................................................................................41 2.9 National Action Plan on business and human rights ......................................................................41 2.10 OECD Responsible Business Conduct and National Contact Point ......................................... 42 2.11 Corporate social responsibility ............................................................................................................. 42 2.12 UN Global Compact Network Poland .................................................................................................43 3 RIGHTS AT WORK TACKLING LABOUR EXPLOITATION IN POLAND, BULGARIA AND ROMANIA 3 Human trafficking and labour exploitation in Poland ................................................................. 44 3.1 Identification and registration figures for human trafficking ....................................................... 44 3.2 Identification of labour law violations – statistics from the Labour Inspectorate ..................45 3.3 Cases of severe exploitation and human trafficking ..................................................................... 46 4 Stakeholders in Poland .......................................................................................................................... 50 4.1 National Referral Mechanism ............................................................................................................... 50 4.2 The Committee for Combatting and Preventing Trafficking in Human Beings .......................51 4.3 Responsible governmental ministries .................................................................................................51 4.4 Police and border police ........................................................................................................................51 4.5 Labour Inspectorate .................................................................................................................................52 4.6 NGO feedback on role of the Labour Inspectorate .......................................................................52 4.7 NGOs that are part of the national framework against human trafficking ..............................53 4.8 Other relevant NGOs ...............................................................................................................................53 4.9 National Intervention and Consultation Centre for Victims of Trafficking ................................54
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