What is a PIP inspection?
Few people know, but PIP is a body established as early as 1919. By Jozef Pilsudski. Since then, he has been upholding compliance with labor laws by businesses that employ workers. Each year, officials oversee up to tens of thousands of different companies.
A PIP inspection is simply a thorough check to make sure you are operating in accordance with the rules. The official has the authority to inspect and draw consequences. In 2022. The State Labor Inspectorate plans to carry out 52,000. Controls.
The purposes of such a site visit include:
- Establishing the facts (i.e., how health and safety and labor law rights and obligations are implemented),
- Control on the legality of employment,
- creation of documentation based on the findings.
Important!
The main legal basis for PIP activities is the Law of April 13, 2007. About the State Labor Inspectorate. The regulations you must follow are primarily the Labor Code, the Civil Code and the Law on Employment Promotion and Labor Market Institutions.
Who is subject to PIP inspection?
Institutions and entrepreneurs that may be subject to the control of the State Labor Inspectorate:
- employ a minimum of one employee on the basis of an employment contract, a civil law contract (for work, commission) or cooperate on a B2B basis with an individual,
- should comply with the rules regarding the ban on trading on Sundays and holidays,
- offer job placement services, temporary work, career counseling (mainly employment agencies), etc.
For a detailed list, see Art. 13. Law on State Labor Inspection [Podmioty podlegające kontroli PIP].
As you can see – it doesn’t matter what type of contract binds you to an employee (it’s not just contracts regulated by the Labor Code). In addition, the PIP can inspect both sole proprietorships and all types of companies – regardless of industry.
If you are unable to personally participate in the activities, it is necessary to authorize representation during the PIP inspection – that is, to appoint an attorney.
When can the PIP inspect the plant?
The State Labor Inspectorate mostly inspects those companies against which there is any doubt. Most often it is a PIP inspection from a denunciation.
Who can file a complaint? They are usually current or former employees who have been unfairly dismissed, work overtime, are not paid on time or notice any other irregularities in the company’s operations. It also happens that a denunciation is made by unfair competition.
However, a PIP inspection does not always involve a previously filed complaint. Officials also visit those establishments for which a high occupational risk factor has been demonstrated. The most common are companies operating in the construction, mining, waste processing, manufacturing and other industries. Such action is aimed at carrying out preventive action and information, thus protecting the health and lives of workers.
In the PIP’s document “Program of activities of the State Labor Inspectorate for 2022-2024,” you can also read that:
In 2022, the formula of first inspections at micro and small enterprises, which are primarily instructional and advisory in nature to motivate compliance, will continue. The inspection will cover establishments not yet inspected by the State Labor Inspectorate, operating on the labor market for no longer than 3 years (counting from the date of hiring the first employee).
Where does the inspection of the State Labor Inspectorate take place?
PIP wants to perform an inspection at your company? You are required to make available all premises of your headquarters, workplace and other units or places where documents are kept. In addition, some of the activities may take place at the district and headquarters of the labor inspectorate.
The controller can carefully view all rooms, machines or equipment. In addition, he can demand explanations from you, talk to employees, summon former employees and review documents.
PIP inspection – what does it check?
The scope of the State Labor Inspectorate’s inspections concerns 3 basic aspects of activity: legality of employment, compliance with labor laws, compliance with safety rules and labor control. What exactly does the inspection check? The areas that are analyzed by the PIP are detailed in Art. 10 of the Law on State Labor Inspection.
Examples of aspects include compliance with regulations that pertain to:
- working time,
- vacations,
- Employment of juveniles, foreigners and people with disabilities,
- parental rights,
- Payment of wages (among other things, timing and rates),
- payment of contributions to the Labor Fund,
- Control of compliance with the requirements of manufactured products,
- Complying with health and safety requirements (including proper labeling, conducting health and safety training, etc.).
The document “Program of Action of the State Labor Inspectorate for 2022-2024” describes in detail the issues that officials want to focus on in the near future. They include. Remote work, safety of construction companies, accidents at work, employment of people with disabilities or control of the proper use of civil law contracts.
In addition, those entrepreneurs who have benefited from the government’s anti-crisis shield are to be subject to special inspection in subsequent years.
PIP inspection – what documents does it check?
What specific documents can the PIP inspection check? How many years does the inspection go back? In fact, the law does not specify the question of how many years old documentation can be analyzed. Most often, the inspector examines documents up to 3 years back (after 3 years, the statute of limitations on claims from the employment relationship is reached). However, you need to know exactly all the deadlines for record keeping and not shorten the period yourself.
The State Labor Inspectorate can check primarily:
- Personnel files of employees and all cooperators under various contracts, including the timeliness of health and safety training,
- instructions, procedures and regulations introduced,
- Plans, drawings, technical documentation,
- Documentation concerning, for example, the construction or reconstruction of a work site,
- Decisions of other control bodies (e.g., Social Security, tax office).
Who has the authority to inspect the PIP?
Only authorized persons have the right to conduct inspections. They are issued by the chief labor inspector, his deputies, PIP district inspectors and their deputies.
PIP inspectors who conduct inspections do not need passes to move around the workplace. Personal searches cannot be performed on them either. Instead, they must remember to show their official ID – even before they start the inspection.
The authorization should include, among other things. information on the legal basis, data of the inspector (including name, position, etc.), the subject scope of the inspection, and the date of commencement and expected date of completion of the inspection.
Will the PIP announce an inspection?
In the Law on State Labor Inspection, in Art. 24. 1., you can read: labor inspectors are authorized to conduct, without notice and at any time of the day or night, inspections of compliance with labor laws […].
Thus, in practice, it is possible to inspect the PIP unannounced, but most often officials send a notice of their plans.
How long does a PIP inspection take?
According to Art. 55 of the Entrepreneur Law, the standard duration of all inspections in a calendar year can be a maximum:
- Micro-entrepreneurs – 12 working days,
- small entrepreneurs – 18 working days,
- Medium-sized entrepreneurs – 24 working days,
- other entrepreneurs – 24 working days.
However, there are a number of exceptions to this rule enshrined in the law, such as when the inspection is due to a threat to life or health (which can occur if the company’s health and safety rules are not followed). However, control activities should be carried out efficiently.
How to prepare for a PIP inspection?
You already know who may be affected by a PIP inspection. How to prepare so that the inspection is just a formality? Remember to simply act in accordance with the law. Worth moreover:
- organize employee files and other documentation in the company,
- thoroughly understand the regulations, such as information on what an inspection authorization should look like,
- check the dates of required health and safety training and medical examinations.
PIP inspection – penalties and consequences
Violation of employees’ rights (e.g., failure to meet a payment deadline), selection of the wrong type of contract, lack of medical examinations… An inspection by the PIP may reveal precisely these types of lapses and irregularities.
They are indicated on the document concluding the inspection – the protocol. It includes, among other things. Data of the inspector, description of the violations found, date of inspection. If there are no deficiencies, a note will suffice. Based on the findings, the inspector also issues a decision (either oral or written) or a speech.
If you disagree with the findings, you can file objections to the inspection protocol of the State Labor Inspectorate. You can find the pattern on the Internet. You file a letter to the PIP after the inspection up to 7 days after the presentation of the report.
Penalties and consequences for violations and irregularities include:
- A fine of PLN 1,000-2,000 or a fine of PLN 1,000-30,000,
- An order to rectify the deficiencies within a specific timeframe,
- An order to stop the work or activity,
- order to perform tests and measurements,
- Bringing consequences to the guilty parties.
You already know how the PIP inspection works. Inspection of the legality of employment, adherence to labor law provisions and operation in accordance with health and safety rules are the main aspects that the inspector analyzes. To best prepare for an inspection, be sure to act in accordance with the law and get your records in order!
