Important and/or distinctive aspects of recruitment legislation in Poland

Polish law (article 22 of the Labour Code) outlines what personal data can be collected from a candidate, which includes: name(s) and surname, names of parents, date of birth, personal identification number (PESEL), residential address (address for correspondence), and information regarding their education and employment history.

An employer may also require an employee (but not a candidate) to provide other personal data, which includes the names, surnames and dates of birth of his or her children, if it is necessary for an employee to exercise special rights provided for by labour law. Personal data is ordinarily provided to an employer in the form of a statement by the person to whom the personal data relates. The employer has the right to demand certification of the personal data (e.g. employment certificates issued by previous employers).

The above list of personal data which employers may request is fixed.  An employer may request other personal data, where there is a legal requirement to provide the additional data. Candidates are in a subordinated legal and economic position to the employer and their consent to disclose additional personal data cannot of its own accord justify the disclosure of it to the employer.  Employers are not entitled to demand consent and disclosure of any additional personal data by candidates, other than as stipulated by Polish law.

The employer is obliged to store and process the personal data of the candidates in a proper manner. HR departments (which usually deal with job applications and interviewing candidates) should be properly authorised to process the personal data by the employer. Employers are often not aware of this authorisation duty, running the risk that employees who are responsible for recruitment may not be properly authorised to process personal data. Employers should also avoid simultaneous job interviews in which candidates are asked to disclose their personal data in a manner which would allow other candidates to become aware of such data.

TABLE CONTAINING JURISDICTION BY JURISDICTION ANALYSIS (PDF)