Article 30
The inherent and inalienable dignity of the person shall constitute a source of freedoms and rights of persons and citizens. It shall be inviolable. The respect and protection thereof shall be the obligation of public authorities.
Article 31
1. Freedom of the person shall receive legal protection.
2. Everyone shall respect the freedoms and rights of others. No one shall be compelled to do that which is not required by law.
3. Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights.
Article 40
No one may be subjected to torture or cruel, inhuman, or degrading treatment or punishment. The application of corporal punishment shall be prohibited.
Article 41
1. Personal inviolability and security shall be ensured to everyone. Any deprivation or limitation of liberty may be imposed only in accordance with principles and under procedures specified by statute.
4. Anyone deprived of liberty shall be treated in a humane manner.
5. Anyone who has been unlawfully deprived of liberty shall have a right to compensation.
Article 52
1. Freedom of movement as well as the choice of place of residence and sojourn within the territory of the Republic of Poland shall be ensured to everyone.
2. Everyone may freely leave the territory of the Republic of Poland.
Article 65
1. Everyone shall have the freedom to choose and to pursue his occupation and to choose his place of work. Exceptions shall be specified by statute.
2. An obligation to work may be imposed only by statute.
3. The permanent employment of children under 16 years of age shall be forbidden. The types and nature of admissible employments shall be specified by statute.
4. A minimum level of remuneration for work, or the manner of setting its levels shall be specified by statute.
5. Public authorities shall pursue policies aiming at full, productive employment by implementing programmes to combat unemployment, including the organization of and support for occupational advice and training, as well as public works and economic intervention.
Article 66
1. Everyone shall have the right to safe and hygienic conditions of work. The methods of implementing this right and the obligations of employers shall be specified by statute.
2. An employee shall have the right to statutorily specified days free from work as well as annual paid holidays; the maximum permissible hours of work shall be specified by statute.Poland Constitution
Article 115
§ 22. Human trafficking is the recruitment, transport, delivery, transfer, storage or reception of a person using:
1) unlawful violence or threats,
2) abduction,
3) deceit,
4) misleading or exploiting an error or inability to properly understand an action,
5) abuse of dependency ratio, use of critical position or helplessness,
6) giving or receiving material or personal benefit or promise to a person who carries or supervises another person
in order to use it, even with her consent, in particular in prostitution, pornography or other forms of sexual exploitation, forced work or services, in begging, slavery or other forms of exploitation degrading human dignity or to obtain cells, tissues Or organs contrary to the provisions of the law. If the perpetrator's behavior concerns a minor, it constitutes trafficking even if the methods or measures listed in points 1-6 are not used.
§ 23. Slavery is a state of dependence in which man is treated as the subject of property.
Article 118A
§ 2. Whoever taking part in a mass attack or even in one of repeated attacks directed against a population group taken to implement or support a policy of a state or organization:
1) causes a person to commit or be held in a state of slavery,
2) deprives a person of freedom for a period of time exceeding 7 days or with particular torment;
3) applies torture or subjected to cruel or inhumane treatment,
4) rape or violence, unlawful or deceptive conduct otherwise violates the sexual freedom of a person,
6) deprives a person of liberty and refuses to give information about that person or place of his stay or transmits false information concerning that person or place of his stay, intended to deprive such person of legal protection for a longer period of time
shall be punished by imprisonment for not less than 5 years Or imprisonment of 25 years imprisonment.
Article 189
§ 1. Anyone who deprives a person of liberty is subject to the penalty of deprivation of liberty from 3 months to 5 years.
§ 2. If the deprivation of liberty lasts more than 7 days, the offender is subject to imprisonment from one to 10 years.
§ 3. If the deprivation of liberty referred to in § 1 or 2 is connected with a particular torture, the perpetrator shall be punished with imprisonment for a minimum of 3 years.
Article 189A
§ 1. Whoever commits trafficking in persons is subject to the penalty of deprivation of liberty for a term not less than 3 years
§ 2. Who makes preparations to commit the offense referred to in § 1 shall be liable to imprisonment from 3 months to 5 years.
Article l97.
§ 1. Whoever, by force, illegal threat or deceit subjects another person to sexual intercourse shall be subject to the penalty of the deprivation of liberty for a term of between 1 and 10 years.
§ 2. If the perpetrator, in the manner specified in § 1, makes another person submit to other sexual act or to perform such an act, he shall be subject to the penalty of the deprivation of liberty for a term of between 3 months and 5 years.
§ 3. If the perpetrator commits the rape specified in § 1 or 2, with particular cruelty, or commits it in common with other person, he shall be subject to the penalty of the deprivation of liberty for a term of between 2 and 12 years.
Article 203.
Whoever, by force, illegal threat or deceit, or by abusing a relationship of dependence or by taking advantage of a critical situation, subjects another person to practice prostitution shall be subject to the penalty of the deprivation of liberty for a term of between 1 and 10 years.
Article 204.
§ 1. Whoever, in order to derive a material benefit, induces another person to practice prostitution or facilitates it, shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 2. Whoever derives material benefits from prostitution practiced by another person shall be subject to the penalty specified in § 1.
§ 3. If the person specified ii § 1 or 2 is a minor, the perpetrator shall be subject to the penalty of the deprivation of liberty for a term of between 1 and 10 years.
§ 4. The punishment specified in § 3 should be imposed on anyone who entices or abducts another person with the aim of having him/her engage in prostitution abroad.
Article 218
§ 1 Whoever, by following the steps in matters concerning labor and social security, maliciously or persistently infringes the employee arising from employment or social security the penalty of restriction of liberty or imprisonment of up to 2 years.
§ 2 A person referred to in § 1, has refused to readmit to the work in restoring ruled competent authority, the penalty of restriction of liberty or imprisonment of up to one year.Poland Criminal Code (Polish 2016)
Art. 10. Right to work.
§ 1. Everyone has the right to choose their work freely. No one, except for the cases specified by the law, can be prevented from exercising their profession.
§ 2. The State determines the minimum remuneration for work.
§ 3. The State pursues a policy with the goal of full productive employment.
Art. 111. Respect for personal rights.
Employers are obliged to respect the dignity and other personal rights of employees.Poland Labour Code
Article 218. § 1. Whoever, when performing activities in the field of labour law and social insurance, maliciously or persistently infringes on the rights of the employee resulting from a work-contract relationship or social insurance, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
§ 2. The person specified in § 1, who refuses to reinstate in work although ordered to do so by an appropriate authority shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year.
Article 219. Whoever violates provisions on social insurance by not reporting, even with the consent of the person concerned, the required data or provides false data affecting the right to benefits or the amount thereof shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.
Article 220. § 1. Whoever, being responsible for occupational safety and hygiene, does not fulfill the duties involved and by this, exposes an employee to an immediate danger of loss of life or a serious detriment to health, shall be subject to the penalty of deprivation of liberty for up to 3 years.
§ 2. If the perpetrator acts unintentionally, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to one year.
§ 3. The perpetrator who has voluntarily averted the impending danger shall not be subject to the penalty.
Article 221. Whoever, despite his duty does not promptly report to the appropriate authority an accident at work or a case of occupational disease or fails to prepare or present the required documentation shall be subject to a maximum of 180 times the daily fine or the penalty of restriction of liberty.
