Employment & labor law

What will be the subject of labor inspection in 2019?

In addition to indication of specific industries that will be of particular interest to the National Labor Inspectorate in 2019, the authority also plans to undertake a number of actions on specific issues, including, but not limited to:
1. Limiting accident hazards by implementing elements of occupational safety management in facilities where accidents have occurred at work
– within the framework of the described objective, the assessment of occupational risk will be made in relation to works during which accident events occurred, correctness of determining the causes and circumstances of these accidents and the usage of effective preventive measures to reduce the risk of accident;
2. Inspective activities as part of the surveillance of machinery and equipment market – in 2019 particular attention will be paid to earth and roadwork machinery and head protection measures, as well as fulfilling the obligations arising from the EU regulations on chemicals;
3. Inspections in the field of legal labor protection – in this matter the control program focuses on such issues as:
a) working time,
b) payment of remuneration for work,
c) issues of civil law contracts and receivables due to conclusion of those;
4. Inspection of compliance with the prohibition of conclusion of civil — law contracts instead of employment contracts – in particular, the construction industry or personal and property protection agencies will be subject to inspection. At the same time, the application of provisions on the minimum hourly rate for persons working on the basis of contracts of mandate and contracts for the provision of services will be checked.
5. Verification of the correctness of the application of legal regulations regarding term contracts in force from 2016;
6. Audits in the area of Employee Capital Plans
– in connection with the entry into force in 2019 of the Act on Employee Capital Plans inspections are planned to control the fulfillment of the obligation to conclude contracts for management of the ECP (PPK). Moreover, the Act will extend the scope of tasks of the National Labor Inspectorate to prosecute offenses specified in art. 106-107 of the Act and participation in the proceedings as a public prosecutor, as well as control over the fulfillment of the obligations under the Act;
7. Legality of employment of Polish citizens – NLI inspectors will undertake inspective activities in the indicated scope, among others in industries where irregularities are most often found, as well as temporary employment agencies and entities coordinating seasonal work in small towns. Special attention will be given to small retail outlets where less than 10 people provide work.
8. Inspections in the field of employment of foreigners – this matter primarily considers foreigners performing work on the basis of a declaration of the employer to entrust work to a foreigner or seasonal work permit, as well as foreigners from certain countries – Nepal, India, Bangladesh, i.e. countries from which the most migrants come to Poland, next to citizens of Ukraine.
9. Inspections of compliance with new obligations and rules for keeping documentation related to the employment relationship.

Author team leader DKP Legal Alicja Myśluk-Landowska
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