Which employers will be under the scrutiny of the National Labor Inspectorate? We know the key strategies for 2022-2024 and the control plan for 2022
Labor control proceedings conducted by the Polish National Labor Inspectorate
The aim of the Polish National Labor Inspectorate is the effective enforcement of Labor Law Poland, in particular in the field of occupational health and safety and the legality of employment in Poland. One of the main tools to achieve this goal are targeted inspections and the preventive measures taken as a result.
PIP strategies for 2022-2024
As per Polish Law tasks of key importance for the Polish National Labor Inspectorate for the years 2022-2024 will be three strategies, which will cover plants with a high number of work-related accidents and many occupational hazards. These will be: a control and preventive action strategy for the construction sector, a strategy for controlling chemical hazards caused by working environment factors and a strategy of increased supervision over workplaces where an alarmingly high number of accidents and high rates of hazards by hazardous and harmful factors of the work environment are observed.
Planned areas of control in 2022
Employment in construction industry in Poland
The consequence of the strategy for 2022-2024 is the expected increase in control in companies from the construction industry. The inspections are to be comprehensive and will cover not only work safety, but also the legality of employment of construction workers, including foreigners.
First control proceedings at new employers
According to the assumptions of the Polish National Labor Inspectorate, new employers will be inspected, i.e. workplaces operating on the market for no longer than 3 years, counting from the date of employment of the first employee. The formula of the first inspections at new employers is, however, to be mainly instructional and advisory, the aim is to motivate new employers to act in accordance with the provisions of the labor and employment law in Poland.
Employers’ Compliance with Coronavirus Pandemic Laws
Due to the continuing state of the epidemic, PIP will check the employers’ compliance with the regulations aimed at limiting exposure to SARS-CoV-2 virus infection in workplaces, as well as the fulfillment of the law obligation to provide employees with information about threats to health and life and about protective measures taken. The inspections will also cover compliance with the legal solutions introduced by the provisions of anti-crisis shields in the field of legal labor protection.
Controls in the field of legal labor protection
Among the tasks in the field of legal labor protection, as in previous years, the most important activities in 2022 are to focus on the control of the correctness of employment based on civil law contracts. Inspectors will analyze the conditions of work, in particular on the basis of mandate contracts, specific-task contracts and B2B contracts, taking into account the repeatability of their conclusion. Labor inspectors will also verify compliance with the provisions on the payment of the minimum hourly wage. In addition, the inspections are also to verify the limitation of violations of the provisions on working time and on the payment of wages and other benefits under the employment relationship. In this regard, when selecting entities to be inspected, parameters such as the size of employment, form of ownership, and the industry with the highest number of complaints will be taken into account.
Combating illegal employment
Another area intensively controlled in 2022 will be the legality of employment. During inspections, labor inspectors will verify the legality of entrusting and performing work to both Polish citizens and foreigners. The activities will be aimed not only at revealing cases of undeclared work, ie. work performed entirely „under illegal” work, but also false ones, eg. work actually performed for more hours or for a remuneration higher than indicated in the employment contract. The priority task, planned for 2022, is control activities undertaken in workplaces entrusting work to foreigners from the so-called third countries, including temporary employment agencies. The inspections will also apply to establishments that entrust work seasonally and those in which employment increases at certain times of the year (e.g. catering outlets, enterprises providing tourist or sports and recreational services). Selecting entities for control will take place, inter alia, based on media monitoring, including electronic media (press articles and reports, internet forums, etc.).
Questions employment audit in Poland – contact our Law Firm
If you have any questions or concerns regarding Labor Inspection control proceedings , please contact our Labour Law Firm. Our lawyers from the labor law team will be happy to answer your questions or prepare your organization for the potential control. Inquiries can be directed to: [email protected]