Powers of the labor inspector during the inspection

Service

The inspection procedure is aimed at establishing the actual state of affairs in the field of compliance with labor law, in particular the provisions and principles of occupational health and safety, as well as provisions regarding the legality of employment, and documenting the findings. Inspections are carried out by labor inspectors acting within the territorial competence of District Labor Inspectorates. What are the powers of a labor inspector during an inspection? About it below.

Basis for the inspection

The inspection is carried out upon presentation of an official ID confirming the identity and powers of a labor inspector or other authorized employee of the National Labor Inspectorate.

The control of the entrepreneur is carried out after presenting the official ID and authorization to carry it out.

The authorization of the labor inspector to control the entrepreneur must include, inter alia:

  • indication of the legal basis for the inspection,

  • determination of the scope of control,

  • instruction on the rights and obligations of the controlled entrepreneur,

  • the starting date and scheduled completion date of the audit.

Controls are authorized by: Chief Labor Inspector and his deputies, District Labor Inspector and his deputies, i.e. persons holding managerial positions in PIP authorities.

Important!
Inspectors of the National Labor Inspectorate are entitled to carry out, without notice and at any time of the day and night, control of compliance with labor law, in particular occupational health and safety, control of compliance with the provisions on legality of employment, control of payment of remuneration in the amount of the minimum hourly rate and control of compliance with trade restriction regulations on Sundays and public holidays and on certain other days.

Powers of a labor inspector in the course of an inspection

During the inspection, the labor inspector has the right to:

  1. free access to the premises and to the premises and premises of the controlled entity;

  2. conducting visual inspection of facilities, rooms, workstations, machines and devices as well as the course of technological and work processes;

  3. requests from the controlled entity and from all employees or persons who are or were employed or who perform or performed work for it on a basis other than an employment relationship, including self-employed persons, as well as persons using the services of an agency employment, written and oral information on matters covered by the control as well as summoning and questioning these persons in connection with the control carried out;

  4. requesting the presentation of documents relating to the construction, reconstruction or modernization and commissioning of the workplace, technical and technological plans and drawings, the results of expert opinions, tests and measurements relating to production or other activities of the controlled entity, as well as to provide him with samples of raw materials and materials used, manufactured or generated during production, in the quantity necessary for the analysis or testing to be carried out in connection with the control carried out;

  5. demand the submission of personal files and any documents related to the performance of work by employees or persons providing work on a basis other than the employment relationship;

  6. requests from the employer posting an employee to the territory of the Republic of Poland or a person acting on his behalf for information, documents or statements on the posting of employees to the territory of the Republic of Poland or from the territory of the Republic of Poland, regarding the control referred to in the Act of 10 June 2016 on posting employees as part of the provision of services;

  7. get acquainted with the decisions issued by other control and supervision bodies over working conditions and their implementation;

  8. recording the course and results of the inspection referred to in point 2, with the use of apparatus and technical means for recording image or sound;

  9. making copies or excerpts from documents necessary for the control, as well as summaries and calculations prepared on the basis of documents, and, if necessary, requesting them from the controlled entity;

  10. checking the identity of people working or staying on the premises of the controlled entity, as well as people using the services of employment agencies, interviewing them and requesting statements on the legality of employment or other gainful activity;

  11. using the help of experts and specialists as well as accredited laboratories.

Katarzyna Nowicka