Poland: Criminal record check of the candidates and persons employed in finance entities

The Act grants permission to employers of the financial sector to check the criminal records of their employees as well as candidates for work. The Act does not include a specific list of job positions for which such check would be allowed. According to art. 3, the check shall concern the job positions related to the management of the property of this entity or property of third parties, access to legally protected information, making decisions burdened with a high risk of losing the property of this entity or property of third parties, or causing other significant damage to this entity or third parties.

The criminal record check concerns a limited list of crimes indicated in the Act, including crimes against the credibility of documents, crimes against property, crimes against the protection of information, crimes against trading in money and securities, crimes against the activity of public entities, or crimes against public order.

The consequence of a failure to submit a criminal record check, or a negative result of the check would result in termination of the employee’s contract of employment, and in case of candidates – failure of their application.