Status of the victim in criminal proceedings against the entity entrusting the performance of work and enforcement of a court decision

Introduction

If you are in Poland without a valid residence title, and the employer has entrusted you with performing work in violation of the law, in conditions of special use, i.e. in conditions that violate your dignity and are grossly different, in particular due to gender, from the working conditions of persons entrusted with performing work in accordance with the law, affecting the health or safety of work, they have committed a crime*.

Provide the National Labour Inspectorate or the Police with information helpful in punishing it – without fear of being obliged to return.

If you initiate criminal proceedings against your employer and you obtain the status of an aggrieved party in these proceedings, you will be able to legalize your stay in Poland by obtaining a temporary residence permit due to other circumstances.

Such a permit may also be granted to a foreign minor who resides in Poland without a valid residence title and has the status of an aggrieved party in criminal proceedings conducted against an employer who has entrusted them with work in violation of the law – also in a situation where the minor is in Poland unaccompanied.

A temporary residence permits due to other circumstances granted in the above-mentioned circumstances is a special type of temporary residence permit (i.e., a permit entitling to stay in Poland temporarily for a specific purpose), which is to ensure effective prosecution of a dishonest employer.

This permit may be granted to those third-country nationals (i.e., persons who do not hold the citizenship of one of the EU countries, Norway, Iceland, Liechtenstein, or Switzerland) and to stateless persons who do not meet the requirements for granting a temporary residence permit in the usual way.

This permit is granted in the form of an administrative decision by the voivode, competent for the place of residence of the foreigner, and in the case of appeal proceedings – by the Head of the Office for Foreigners, for the time necessary to achieve the purpose of stay (i.e., until the end of the criminal proceedings), but not longer than for a period of 3 years. This permit may, at the request of a foreigner, be renewed for a further period if the one for which the permit was granted turns out to be insufficient (if, for example, the criminal proceedings are prolonged), and the foreigner's presence in Poland is necessary in the given proceedings.

However, after its completion, a foreigner who resides in Poland on the basis of a permit granted pursuant to Article 187(4) of the Act on Foreigners may apply for a temporary residence permit due to other circumstances under Article 187(5) of the aforementioned Act. Such a permit may be granted until the overdue remuneration is received from the entity entrusting the performance of work or the entity referred to in Article 6 or Article 7 of the Act of 15 June 2012 on the effects of entrusting paid activity to foreigners staying contrary to the regulations on the territory of the Republic of Poland.

Remember!

• If you are staying in Poland on the basis of a permit granted pursuant to Article 187 point 4 of the Act on Foreigners, you can continue your stay in Poland for another purpose – the Act on Foreigners does not limit you to the choice of the type of residence permit. Before the expiry of the validity of your permit, apply for a temporary residence permit for another purpose or an indefinite permit (i.e., a permanent residence permit or a long-term EU resident permit).

* Referred to in Article 10(1) of the Act of 15 June 2012 on the consequences of entrusting paid activity to foreigners staying on the territory of the Republic of Poland contrary to the regulations (Dz.U. item 769). This crime is punishable by imprisonment for up to 3 years.