Background check in Poland

What are the benefits of background checks in Poland?

The foremost benefit of background checks when hiring globally is staying out of international legal pitfalls arising from non-compliance. The other competitive advantages they offer include:

• Maintaining sound decision-making in recruitment. Taking the time to verify each applicant's credentials gives you an extra layer of confidence in your selection process. This helps you make the best choice and find just the right candidate for each job.
• Improved safety. Background checks can help employers identify any potential risks associated with new hires and protect their current staff from harm. Through comprehensive screenings, employers will be aware if a candidate has a criminal record or other red flags that could put their current employees and operations at risk.
• Reduced turnover rate. Investing time into thorough pre-employment screening processes shows prospective employees that they’re valued as part of your team even before they start working. This, in turn, increases motivation levels upon joining, which helps reduce employee turnover rates. Most individuals feel more committed to their work when they know that everyone is held accountable according to internal policies and standards.

What are the types of background checks in Poland?

In terms of background screenings, Poland applies strict limitations on the checks that companies can perform on candidates. An employer can only obtain information about the candidate that is indicated in legal acts, such as the Labor Code or other specific acts regarding certain job positions.

Although some more limited forms of background checks may be possible with explicit consent from the candidate, withdrawal of consent cannot lead to any disadvantageous treatment or negative consequences for them nor can it be used as a reason to refuse employment.

These same limitations generally apply to existing employees that are relocated internationally to Poland.

Criminal record check in Poland

When hiring in Poland, employers may wish to conduct criminal record checks on applicants. Access to the National Crime Register is restricted, so employers can only check previous convictions when required by law or when checking whether an applicant has the right to hold a particular job or profession.

According to Article 10 of the General Data Protection Regulation (GDPR) 2016/679, personal data related to criminal convictions and offenses can only be processed under the control of official authorities. Employers cannot require applicants to provide information of their own volition nor use it for any purpose if they do choose to disclose it voluntarily.

Employment history check

Polish law allows employers to perform a work history check if it’s relevant to the role. Employers may only demand a limited set of personal data related to their ability to perform work or fill a specified job position. This includes only basic information.

If a position requires information on a candidate's education level, professional experience, and employment history, employers must ensure that they don't collect more than what is absolutely required and necessary for the purpose. Otherwise, it could be seen as unnecessary processing of personal data, which would not comply with Polish law.

Employers have additional rights to request other types of personal information if regulated separately under other laws in Poland.

Medical screening

In Poland, all employers are legally obliged to arrange for a medical assessment of their new hire before they start work under an employment contract. This practice is intended to prevent workplace injuries and ensure that the employee is physically fit to do their job.

You need to provide new hires with a medical referral once they've accepted the job offer, and the employee is expected to follow up on this promptly. If any health condition arises during or after the screening process that would put employees at increased risk in the workplace, then additional tests may need to be carried out by qualified personnel.

Essentially, medical screening is less of a pre-employment requirement imposed on candidates and more of a responsibility shouldered by employers for the welfare of new hires.

Credit history check

Employers cannot request or use information about a job applicant's credit history when making hiring decisions. This includes any type of financial data, such as bank account numbers and loan repayment records. You must also refrain from asking questions related to an individual’s financial situation during the recruitment process.

However, there are certain exceptions where you may be able to access this kind of information with prior consent from the applicant or employee in question — for example, if the person's role will involve handling money or other assets on behalf of your company. In these cases, ensure that your company has met all the necessary legal requirements before proceeding with a background check involving personal finances or credit histories.

Education history

According to the Polish President of the Office for Personal Data Protection (PUODO), you cannot contact the schools attended by the candidate to confirm the authenticity of their certificates and diplomas. The documents that the candidate provides should serve as proof. Polish universities will actually refuse such requests from external parties given the recommendation of the PUODO.

You can ask questions about a candidate's education history if needed, but you have to limit your questions to the information the individual has provided.

Social media check

Candidate verification of "professional” profiles, such as LinkedIn, is generally acceptable. However, browsing through private profiles may constitute a breach of privacy. Before submitting recruitment documents, your company must inform candidates about the planned scope of verification on their social media activity and obtain their consent for such activities. This will help ensure transparency between both parties while respecting the candidate's privacy rights.

Requirements for a background check in Poland

The requirements for a background check in Poland are limited to:

• Candidate information, such as their full name, date of birth, and contact data
• Educational background
• Professional experience
• Prior employment

As mentioned previously, you may only require a candidate's educational background, professional experience, and employment history if necessary for the role for which they're applying. Even then, you may only acquire limited information for the purpose of making non-discriminatory hiring decisions.

Steps in conducting a background check in Poland

In light of the country's strict requirements, follow these steps when conducting a background check in Poland:

1. Establish a legitimate purpose for conducting the background check, and ensure that it's necessary for your company to process specific data.
2. Collect only minimal and adequate personal data from the applicant, such as their name, surname, date of birth, and contact information.
3. Obtain the applicant's consent before collecting any sensitive or confidential information about them during the recruitment process.
4. Ensure that all collected personal data is processed in accordance with applicable laws and regulations in Poland (for example, the GDPR).
5. Maintain secure storage of all records containing personal information about applicants.

Are employee background checks legal in Poland?

Yes, background checks are legal, but they're quite limited in scope. As part of your corporate compliance responsibilities, make sure you're fully aware of what you can and cannot require from candidates in Poland.

Planning to hire in Poland? Here’s how Skuad can help

If you are looking to grow your team in Poland, you don’t have to do it alone. Skuad’s platform is the all-in-one employment and payroll platform you need to hire, manage, and pay employees all over the world from one place. Skuad also conducts background checks when you make Skuad your EOR partner.

Skuad helps you easily comply with all employment laws and legislation in Poland, helping you reduce legal risks and fines. We can also advise you on the legalities of things like background checks, as well as provide an optimal employee experience to your workers. Leave the complexities of hiring and payments to us so that you can focus on growing your teams in Portugal and beyond and expanding your business.

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FAQs

‍Are background checks allowed in Poland?

Background checks are permitted in Poland, but employers must comply with all applicable laws and regulations, including those related to privacy and data protection. Employers may request information about an applicant's criminal background under Polish law, but they must obtain the individual's written consent to do so. Furthermore, the information received must be relevant to the work being sought or done.

How to get a background check in Poland?

To get a background check in Poland, you must obtain a "karta pobytu" (residence card) or "pesel" (Personal Identification Number) if you are a foreigner living in Poland, or a "dowód osobisty" (identity card) if you are a Polish citizen. Contact the National Criminal Register ("Krajowy Rejestr Karny") to request a criminal record check. If you need a more detailed background check, you can also request additional information from the National Bureau of Investigation. Note that you will need to provide a valid reason for requesting a background check, such as employment or a visa application.

What is checked during a background check?

The specific details of a background check in Poland may vary depending on the purpose of the check, but in general, a background check includes criminal record, employment history, education verification, credit history, driving record, reference check, etc. The specific details of a background check may vary depending on the employer or organization conducting the check, as well as the industry or job role in question.