Control by the State Labor Inspectorate is a standard procedure that every employer will face sooner or later. How does the inspection of the State Labor Inspectorate proceed and how to prepare for it? Find the answers in article below.
Control by the State Labour Inspection – what is it?
The State Labour Inspection is an institution supervising compliance with labour law in Poland. Its main tasks include:
- protecting the rights of employees,
- ensuring safe and hygienic working conditions.
One of the most important functions of the State Labour Inspection is the control of employers.
Types of Control by the State Labour Inspection
Control by the State Labour Inspection can take place in specific situations.We can distinguish the following types of control:
- Scheduled inspections. These are conducted following the annual inspection plan. It concerns for example industries with an increased risk of accidents.
- Ad hoc inspections. They can occur at any time, e.g., in response to an employee’s complaint, after a workplace accident, or in case of probable labour law violation.
- Upon an employee’s request. An employee can submit anonymous complaint about the employer. State Labour Inspection is obliged to recognize it.
Who is subject to the control by the State Labour Inspection?
A control by the State Labour Inspection may cover any employer who hires natural persons. It applies, among others, to:
- companies hiring workers based on employment contracts,
- entrepreneurs commissioning tasks based on contracts for specific work or services,
- public administration bodies,
- associations.
Does the Labour Inspector notify about the control?
The State Labour Inspectorate can conduct inspections without prior notice. Yet, they often decide to inform the employer about the planned visit. This can happen in various ways, including:
- a phone call,
- a written notification,
- an email.
The decision on how to inform the employer depends on the inspector and the purpose of the control. If a control results from an employee’s complaint, the inspector cannot disclose this. It is only possible upon the complainant’s explicit consent. The purpose of informing the employer about the planned inspection is to:
- allow the employer to prepare necessary documents and information,
- ensure an effective and smooth inspection process.
How to prepare for the control by the State Labour Inspection?
To ensure a smooth inspection process, two key aspects need to be checked:
- Documentation – you should verify it in terms of:
- Completeness. The employer should have all required documents, both in paper and electronic form. This includes employment contracts, work regulations, work certificates, payroll lists, time cards, post-accident protocols, etc.
- Organization. You should keep documents in a logical order. This way they are easily accessible for the controller of the State Labour Inspection.
- Legality of employment. This involves:
- Contract verification. It is the employer’s responsibility to carefully review contracts and other related documents. You should ensure they contain all necessary elements and comply with applicable law.
- Checking the status of employees. You should ensure all employees are legally hired. This concerns both Polish citizens and foreigners. Employers who hire foreigners should ensure that they have appropriate work permits.
Find guidelines on how to prepare for control by the State Labour Inspection in the table below.
| Task | Description |
| Analysis of documents for the control by the State Labour Inspection | Getting familiar with current guidelines and documents regarding the inspection. These are, available on the State Labour Inspection website. |
| Collecting documents | Preparing a list and collecting documents that may be needed during the inspection. Prepare e.g. work regulations, working time records, work certificates. |
| Internal audit | Analysis and identification of any irregularities regarding compliance with labour law. |
| Proper organization of the company | Organizing the workplace and ensuring the accessibility of employees’ documentation. |
How does the control by the State Labour Inspection proceed?
The State Labour Inspection proceeds according to specified principles and schemes. During the control, the State Labour Inspector may check, among other things:
- employer’s compliance with workplace safety and hygiene regulations,
- accuracy in calculating and paying wages,
- compliance with regulations regarding working hours,
- legality of employment.
- principles of maintaining personnel records in the company.
An inspector conducting the control on behalf of the State Labour Inspection has broad powers. He can, among other things:
- enter the premises, facilities, and rooms of the inspected entity,
- inspect premises, workstations, machinery, equipment, and technological processes,
- request information from individuals subject to inspection, including employees and employers.
- verify the identity of individuals working and present at the company’s premises
- seek assistance from experts, specialists, and laboratories.
Refusing to cooperate does not exempt from the obligation to undergo inspection. If necessary, the inspector may call the Police. Following the control, inspector prepares an inspection report. It should be signed by the State Labour Inspection’s representative and a representative of the inspected entity. Employer has 7 days to submit comments on the report to the District Labour Inspectorate, e.g. the District Labour Inspectorate in Łódź.
Employer’s duties during control by the State Labour Inspection
During the control by State Labour Inspection, the employer has a number of obligations. Their goal is to ensure the smooth conduct of the inspection. Here are the most important ones:
- Providing access to documents and information, such as:
- requested documents and materials,
- written and oral explanations about the matters under inspection.
- Technical support, such as:
- providing necessary technical equipment, e.g., computer, printer, scanner,
- providing a separate room (optionally) with appropriate technical equipment.
- Cooperation, i.e.:
- active cooperation of the employer with an inspector and providing necessary support,
- ensuring safe and hygienic working conditions during the inspection.
Rights and obligations of the employer after the control by the State Labour Inspection
After finished control by the State Labour Inspection, the employer should:
- Read the post-inspection report. The inspector will prepare a report in which he will describe the course of the control. It specifies identified irregularities and post-inspection recommendations. The employer has the right to review the report. You can also submit written comments within 7 days from the report’s date.
- Analyze the inspection results and determine further steps. This will be necessary to implement the post-inspection recommendations.
- Implement changes. This may involve, e.g. amending work regulations, training employees, or purchasing new equipment.
What penalties can be imposed on the employer after the control by the State Labour Inspection?
If irregularities are found, the State Labour Inspection may impose penalties on the employer. Possible penalties include:
- a fine,
- an order to correct the identified irregularities,
- restriction or suspension of the workplace’s operations,
- submitting a request to court to punish the employer.
Control by the State Labour Inspection – summary
State Labour Inspection is a standard procedure that may concern every employer. It aims to protect workers’ rights and ensure safe and hygienic working conditions. By following the provisions of labour law and preparing for State Labour Inspection, employers can ensure peace of mind and security for their business.
Do you want to verify if your company’s employment procedure is correct before a potential State Labour Inspection? Our experts will provide you with comprehensive support. Feel free to contact us!
FAQ – Questions and Answers about: Control by the State Labour Inspection
The control by the State Labour Inspection – what is it?
The State Labour Inspection is an institution supervising compliance with labour law in Poland. One of the most important functions of the State Labour Inspection is the control of employers.
When can a State Labour Inspection take place?
State Labour Inspection can take place at any time, day or night. The inspectors have the right to enter the workplace and request access to documents. They can also require talking with employees.
State Labour Inspection – what are the types of control?
There are several types of State Labour Inspection:
– Scheduled inspections. These are conducted following the annual inspection plan. It concerns for example industries with an increased risk of accidents.
– Ad hoc inspections. It can occur at any time, e.g., in response to an employee complaint, after a workplace accident, or in case of suspected labour law violation.
– Upon an employee’s request. An employee can submit anonymous complaint about employer. State Labour Inspection is obliged to recognise it.
How to prepare for the control of the State Labour Inspection?
Proper preparation for a State Labour Inspection is a key element that can significantly impact the entire process. It minimises the risk of unpleasant consequences. Here are a few steps to take:
– Familiarize yourself with documents available on the State Labour Inspection website,
– Prepare a list and collect documents that may be needed during the inspection. Prepare e.g. work regulations, working time records, work certificates.
– Conduct an internal audit to detect potential irregularities regarding compliance with labour law,
– Train employees and conduct a training session for them, discussing their rights, responsibilities, and State Labour Inspection guidelines,
– Maintain order and ensure that all necessary documents are easily accessible.
What are the employer’s rights during a State Labour Inspection?
The employer has the right to:
– review the inspection report and submit written comments,
– appeal the inspection results to a higher State Labour Inspection authority,
– consult with a lawyer,
– access information about State Labour Inspection procedures.
What penalties can be imposed on the employer after the control by State Labour Inspection?
If irregularities are found, the State Labour Inspection may impose penalties on the employer. Possible penalties include:
– a fine,
– an order to correct the identified irregularities,
– restriction or suspension of the workplace’s operations,
– a request to punish the employer submitted to court.
Where to find more information about State Labour Inspection?
More information can be found on the State Labour Inspection website. You can also contact the relevant State Labour Inspection branch operating locally.