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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Articles 3, 6, 10 and 11 of Convention No. 81 and Articles 6, 8, 14 and 15 of Convention No. 129. Additional duties entrusted to labour inspectors. Conditions of service. Resources of the labour inspectorate. Following its previous comments, the Committee notes that, according to the Government’s report, the National Labour Inspectorate (NLI) does not have information on the remuneration of officers in other authorities, other than the Supreme Audit Office, which indeed have higher salaries than labour inspectors. The Committee also takes due note of the Government’s indication that draft budgets were submitted in the period 2020–22 by the NLI to plan for additional posts, with a salary fund for 50 new posts approved in 2022. The Government indicates that due to various circumstances, including the difficult socio-economic situation in the country, salary rises have been approved at a lower rate than initially proposed in 2020 (from 8 to 7 per cent), 2022 (from 5 to 4.4 per cent) and 2023 (from 15.8 to 7.8 per cent). The Committee also notes the information provided by the Government concerning the current functions of labour inspectors that fall outside the scope of Conventions Nos 81 and 129, including the control of the application of legislation on energy and on employee capital plans. According to the statistics of the Government, the share of time spent by labour inspectors in performing at least one of those duties, between 2018–22 is around 5.65 per cent. Finally, the Committee notes the Government’s indication that, in light of the level of salaries paid to labour inspectors, as well as the pursuit of professional and personal development outside the NLI, labour inspectors are encouraged to take up additional employment, but that such employment must be approved by the Chief Labour Inspector to avoid conflicts of interest. The Government states that such permissions were granted to around 25 per cent of labour inspectors between 2020–23. The Committee requests the Government to continue to provide information on measures taken to increase the number and the remuneration of labour inspectors in the NLI. The Committee requests the Government to provide further information on the measures taken to ensure that additional employment undertaken by labour inspectors does not interfere with their primary duties, including in terms of time spent on such employment. Taking note that the NLI itself does not currently have information on the remuneration of inspectors carrying out similar functions, the Committee nevertheless requests the Government to collect and provide further information on the compensation and conditions of service of public servants exercising similar functions as labour inspectors, such as tax inspectors or the police.
Article 3(1)(a) and (b) of Convention No. 81 and Articles 6(1)(a) and (b) and 17 of Convention No. 129. Control of illegal job placement and matching by employment agencies. In relation to its previous comments, the Committee notes the information provided by the Government regarding the functions of the NLI in relation to employment agencies and workers employed through them. The Government indicates that such functions include verifying compliance by employment agencies with obligations such as the conclusion of a written contract, respecting the maximum duration of temporary work and the prohibition against delegating temporary workers to particularly hazardous work, and verifying that the employer complies with timely payment of wages, working time and occupational safety and health (OSH) rules. According to the Annual Report of the NLI 2022, the elimination of illegal or fraudulent employment agencies remained a priority of the NLI and inspections of the NLI have revealed violations of the rights of workers such as the non-payment of due remuneration to workers and the collection of unauthorized fees. The Committee requeststhe Government to indicate the proportion of time spent by labour inspectors on controlling the registration of employment agencies. The Committee also requests the Government to continue providing statistics on the enforcement by labour inspectors of legal provisions relating to conditions of work and the protection of workers engaged through employment agencies.
Articles 6 and 7(1) of Convention No. 81 and Articles 8 and 9(1) of Convention No. 129. Recruitment and qualifications of labour inspectors. Following its previous comments, the Committee notes the information on the recruitment process of labour inspectors, as provided by the Government, including its indication that, pursuant to section 41 of the State Labour Inspection Act, employment relationships with workers on inspector positions are established by nomination after a contract of employment for a specific period not longer than three years. The Government indicates that this period enables the official to acquire experience as a labour inspector, while nomination ensures job security and independence. Regarding district labour inspectors, the Committee notes the Government’s indication that, under section 5(1) of the State Labour Inspection Act, the Labour Protection Council is consulted to ensure that there is discussion on the advisability of appointing or dismissing a person as district labour inspector. Concerning workers recruited by appointment who may be dismissed at any time pursuant to section 70 of the same Act, the Committee notes the Government’s statement that, pursuant to section 40(2) of the State Labour Inspection Act, a NLI worker who is dismissed prior to appointment has the right to establish an employment relationship on a position equivalent to the one held prior to the appointment. According to the Government, the existing procedures ensure that workers who will perform the duties of the NLI in the best possible manner will be selected, while also giving job stability and security to workers who are suitable for a long-term professional career at the NLI. The Government states that between 1 July 2020 and 31 May 2023, 161 workers on inspector posts have been nominated as labour inspectors following a contract of employment and that all dismissed workers who were NLI employees have been able to establish employment relationships after dismissal. The Committee requests the Government to continue to provide information on the number of workers on inspection posts who have been dismissed prior to their appointment as labour inspector and have established an employment relationship with the NLI, including the average duration of time between dismissals and subsequent establishment of employment relationships.

Issues specific to labour inspection in agriculture

Articles 3, 4 and 6 of Convention No. 129. Scope of the labour inspection system in agriculture. The Committee notes the observations of Solidarność, according to which there is currently no inspection body authorized to carry out OSH inspections of individual farmers employing harvest helpers, and no inspection in practice of those entities when it comes to the employment of harvest helpers. In its response, the Government indicates that the Committee of the Chief Labour Inspector for Health and Safety at Work in Agriculture, a consultative and advisory body of the Chief Labour Inspector, initiates measures for OSH in agriculture, especially measures of a preventive and promotional nature, including for individual farmers. The Committee requests the Government to provide further information on the measures initiated for OSH in agriculture by the Committee of the Chief Labour Inspector, as well as additional information on how the labour inspection system in agriculture applies to individual farmers who employ harvest helpers, particularly in relation to the function of labour inspection to secure the enforcement of legal provisions relating to conditions of work and the protection of workers while engaged in their work.
[The Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the extensive observations from the Independent and Self-Governing Trade Union “Solidarność” (Solidarność) on Conventions Nos 81 and 129, received on 7 September 2023. The Committee also notes the response of the Government to those observations, received on 16 November 2023.
Articles 2(1), 5(a), 6, 12(1) and 16 of Convention No. 81 and Articles 4, 6, 12, 16(1) and 21 of Convention No. 129. Coverage of workplaces by labour inspection. Restrictions on collaboration between labour inspection officials and other public institutions and on inspectors entering workplaces freely. Following its previous comments regarding the restrictions on the powers of labour inspectors set out in the Entrepreneurs Law, the Committee notes the indication in the Government’s report that, in accordance with the Constitution, ILO Conventions and leges speciales such as the Act on the State Labour Inspection, take precedence over the Entrepreneurs Law. As regards joint inspections with other control authorities, including the State Sanitary Inspection and Road Transport Inspectorate, the Committee notes the Government’s indication that such inspections are not prohibited under the Entrepreneurs Law, and notes the statistics provided on such joint inspections with the National Labour Inspectorate (NLI). The Committee also notes section 45(1) of the Entrepreneurs Law, which provides that the economic activity of entrepreneurs is controlled in accordance with the principles specified in this Law, unless the principles and procedure for controls result from ratified international agreements.
The Committee nevertheless notes the observations of Solidarność, indicating that the lex specialis argument has not been accepted in national courts. In response, the Government reiterates its position that section 24 of the Act on the State Labour Inspection allows labour inspectors to carry out, without notice and at any time of day or night, inspections of compliance with the provisions of labour law. The Government further states that the court decision at issue simply limits the labour inspectorate’s ability to conduct a second inspection on the same matter in a given period of time, which, in the Government’s view, helps to strike a balance between the effectiveness of inspection authorities and ensuring minimum procedural guarantees for controlled entities. The Committee also notes the Government’s indication that it has issued a negative opinion on the NLI’s proposals to amend the Entrepreneurs Law and that it does not recognize an exclusion of NLI inspections from the regime of chapter 5 of the Entrepreneurs Law as justified. While taking due note of the Government’s indications, the Committee observes that provisions in national legislation that contradict the requirements of ratified Conventions may pose difficulties for legal certainty, from the standpoint of specific entrepreneurs as well as workers seeking protection through fully authoritative labour inspection. Therefore, the Committee once again requests the Government to take the necessary measures to amend sections 48 and 51 of the Entrepreneurs Law, to provide without qualification that labour inspectors with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors, and labour inspection activities for the protection of migrant workers in an irregular situation. Following its previous comments on this issue, the Committee notes the Government’s indication that all the district regional labour inspectorates have specialised sections in charge of performing duties related to the control of employment legality. The Government nevertheless indicates that the NLI is required to cooperate with other competent authorities when controlling the legality of employment, including with the Border Guard and the police. In particular, the Committee notes with concern the Government’s statement that, when a migrant worker is unable to show their work permit, the NLI is obligated to report it immediately to the Border Guard, and that further control activities may be conducted together with Border Guard officers. In this respect, the Committee notes the Government’s indication that such controls also focus on enforcing the migrant workers’ rights, including in the field of wages and social security. The Committee nevertheless recalls that, as emphasized in its 2006 General Survey on labour inspection, paragraph 78, any function of verifying the legality of employment should have as its corollary the reinstatement of the statutory rights of all the workers if it is to be compatible with the objective of labour inspection, and that this objective can only be met if the workers covered are convinced that the primary task of the inspectorate is to enforce the legal provisions relating to conditions of work and protection of workers. Therefore, the Committee urges the Government to take the necessary measures to ensure that the additional functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. The Committee requests the Government to provide detailed statistics on cases in which migrant workers in an irregular situation have been granted their due rights (including the payment of outstanding wages and social security benefits and orders for establishing an employment contract) or have had their situation regularized following an inspection visit.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22 and 23 of Convention No. 129. Sanctions and effective enforcement. Cooperation between the inspection services and the judiciary. In response to its previous comments, the Committee notes the statistics provided by the Government regarding notifications to the prosecutor’s office for suspected offences. The Government indicates that between 2020–22, the number of notifications increased from 507 in 2020 to 665 in 2022, the number of investigations opened rose from 133 in 2020 to 150 in 2022 and the number of indictments sent to courts also increased from 45 in 2020 to 88 in 2022. However, the statistics also indicate that the number of investigations refused rose from 47 in 2020 to 67 in 2022 and those discontinued rose from 124 in 2020 to 189 in 2022. The Committee notes the Government’s indication that the most frequent causes for refusing an investigation remain the lack of statutory grounds and insufficient data or evidence. The Government further indicates that some situations where law enforcement agencies consider evidence to be insufficient, such as instances where it cannot be proven that the controlled entity received the labour inspectorate’s summons, pose problems for labour inspectors in the performance of their duties. The Government also indicates that while 76 indictments were sent to court in 2021 and 88 indictments in 2022, there were a total of 3 custodial sentences imposed in those two years. Further, the Government reports that the amount of fines imposed in 2021 totalled 16,500 Polish zloty (US$4,099) and in 2022 totalled 20,300 zloty (US$5,043). The Committee also notes the observations of Solidarność, which take the view that legal measures and sanctions applied by labour inspectors are insufficient to ensure a lasting improvement in OSH in the construction and manufacturing sectors. The Committee requests that the Government indicate the measures taken to further improve collaboration between the prosecutor’s office and the NLI. In this regard, the Committee requests the Government to continue to provide statistics on the number of notifications made to the public prosecutor’s office, the number of such notifications which resulted in proceedings, and the results of such proceedings. In addition, the Committee requests that the Government provide information on the apparently very low number of sentences and the small amount of fines imposed, and on measures taken or envisaged to increase sanctions for OSH violations.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in full to the present comments in 2024.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, including the summary of the annual labour inspection report of 2019 (Articles 3, 6, 10 and 11 of Convention No. 81 and Articles 6, 8, 14, 15 and 17 of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.
The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarność” received on 19 August 2019, and the Government’s reply to these observations received on 26 September 2019.
Articles 3, 6, 10 and 11 of Convention No. 81 and Articles 6, 8, 14 and 15 of Convention No. 129. Additional duties entrusted to labour inspectors. Conditions of service. Resources of the labour inspectorate. The Committee notes the information provided by the Government in its report that a number of tasks have been newly entrusted to the National Labour Inspectorate (NLI), under the Act on Compliance Assessment and Market Supervision (2016), the Energy Law (2017), the Act on the National Revenue Administration, the Entrepreneurs’ Law (2018), replacing the Act on Freedom of Economic Activity, as well as the amendments in 2019 to the Act on the NLI adding new control tasks for the NLI under the Act on the Employee Capital Plans (2018), the Act on Minimum Wages (2002), and the Act on Trade Restrictions on Sundays and Holidays (2018). The Committee further notes that, according to the supplementary information provided by the Government in 2020, the NLI is also entrusted to supervise the enforcement of certain maintenance benefits, following the 2018 amendment to the Labour Code. The Committee notes the observations of Solidarność that there is a need to increase financial, human and organizational resources for the operation of the NLI, in response to the NLI’s increased tasks, which, according to the union, are too broad and go beyond the functions of the labour inspection system. The Committee notes the Government’s response that many of the newly introduced tasks exceed the framework of Conventions Nos 81 and 129, and that it is necessary to increase expenditures to prepare staff, including through the introduction of training, new organizational and IT solutions. The Government indicates that the Chief Labour Inspector has, over the years, drawn attention to the NLI’s increased workload without an adequate increase in its budget at various occasions including at the proceedings of Sejim Committees and the Labour Protection Board.
Solidarność also indicates the need for ensuring attractive employment conditions for inspectors, as some inspectors seek additional sources of income through training activities. Referring to the NLI’s performance in terms of improved workers’ rights and increased occupational safety demonstrated in the 2017 annual labour inspection report, Solidarność states that it strongly opposed a reduction of the NLI’s budgetary resources that had been proposed as amendments to the draft Budget Act for 2019 by the Public Finance Committee. Solidarność states that this was proposed while foreseeing at the same time an increase in expenses for prison officers, police officers and customs officers. In this respect, the Committee notes that the reduction in the NLI’s budget was not approved in the course of further legislative proceedings and that the 2019 Budget Act endorsed an increase of the NLI’s budget by more than 14 million PLN. The Committee requests the Government to indicate the measures taken or envisaged to align the conditions of service for labour inspectors with other public servants exercising similar functions (e.g. tax inspectors or the police). It also asks the Government to provide information on which of the newly introduced tasks goes beyond the functions of labour inspection as outlined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, and to provide information on the proportion of time spent by labour inspectors on such additional tasks in relation to the primary functions of labour inspection. The Committee further asks the Government to provide its comments with respect to the observations that inspectors are seeking additional sources of income, including, if applicable, whether they engage in such income-generating activities within or outside the scope of their official duties.
Article 3(1)(a) and (b) of Convention No. 81 and Articles 6(1)(a) and (b) and 17 of Convention No. 129. 1. Preventive control of new establishments and installations. The Committee notes the Government’s indication, in reply to its previous request regarding cooperation between the NLI and other specialized authorities, that tasks are jointly performed within the compliance assessment system, in order to eliminate goods which pose potentially serious threats to health and life, and to monitor compliance with European Union (EU) requirements. Joint control activities are carried out proportionately to the level of risk and threats to health and safety of employees. The NLI conducts controls based on complaints and referrals from other specialized authorities regarding the existence of goods that may pose a threat to employees and it cooperates with customs authorities to prevent imports from non-EU countries of hazardous goods or goods violating requirements. The Committee notes this information.
2. Control of illegal job placement and matching by employment agencies. The Committee notes the observations by Solidarność that there is a need to strengthen supervision of unauthorized employment agencies, and that measures should be taken to ensure better protection for the rights of temporary workers. The Committee notes the Government’s indication in response that pursuant to section 10(1)–3(d) and (e) of the Act on the NLI, the NLI is empowered to carry out inspections related to compliance with the registration of employment agencies and their operations in accordance with the terms provided under the Act on Employment Promotion and Labour Market Institutions (AEPLMI). The Government states that there is no need to take further measures, since extensive modifications were already made to the AEPLMI with a view to improving the employment conditions of temporary workers and strengthening the effectiveness of inspection measures including through increased penalties. In this regard, the Committee notes that according to the 2018 labour inspection report, 65 employment agencies out of a total of 602 entities inspected were found to be operating illegally, and that irregularities were found in the entities inspected related to principles of cooperation and conditions of temporary work between the agency and user employer (25.3 per cent); payment of wages and other benefits (8.1 per cent); and conclusion of civil law contracts (7.9 per cent). The Committee also notes that, according to the summary of the 2019 labour inspection report, in 2019, 63 employment agencies were found to be operating illegally, of which the majority (49 entities) provide temporary work services, including outsourcing services in particular. With reference to its comments on the Private Employment Agencies Convention, 1997 (No. 181), the Committee requests the Government to provide further information on the role of the NLI with respect to the enforcement of the legal provisions relating to conditions of work and the protection of workers engaged through employment agencies.
Articles 6 and 7(1) of Convention No. 81 and Articles 8 and 9(1) of Convention No. 129. Recruitment and qualifications of labour inspectors. The Committee notes the observations of Solidarność that the practice of filling many positions of the NLI based on appointment raises a serious concern with respect to ensuring the stability of the NLI. According to the Act on the NLI, the Chief Labour Inspector shall appoint and remove managerial positions at the NLI, the district labour inspectorates and the training centre (section 40). District labour inspectors shall be appointed and dismissed by the Chief Labour Inspector (section 5(3)). Pursuant to section 70 of the Labour Code, an employee employed based on an appointment may be dismissed from his post by the body that appointed him at any time, immediately or at a specific time. Solidarność alleges that these regulations destabilize employment relations of persons in managerial or advisory positions at the NLI, contributing to the politicization of the NLI. In addition, Solidarność states that there is a lack of stability in the employment of labour inspectors because they are recruited based on an appointment by the Chief Labour Inspector, following the completion of a fixed-term employment contract (which can be a maximum term of three years), in accordance with section 41(1) and (2) of the Act on the NLI. The Government indicates in response that further employment to an equivalent position shall be guaranteed for the employees of the NLI dismissed under section 5(3), and that in practice the maximum duration of open-ended contracts for employees appointed for performing inspection activities is two years and early termination of contracts is exceptional.
The Committee recalls that, under the terms of Article 6 of Convention No. 81 and Article 8 of Convention No. 129, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. Article 7 of Convention No. 81 and Article 9 of Convention No. 129 further require that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties, and that the means of ascertaining such qualifications shall be determined by the competent authority. The Committee therefore requests the Government to provide detailed information on the appointment-based recruitment of labour inspectors, and for advisory and managerial positions at NLI, and its impact on the effectiveness of the functioning of the NLI and district labour inspectorates, as well as the measures taken or envisaged to ensure the stability and independence of labour inspectors, as required under Conventions Nos 81 and 129.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22 and 23 of Convention No. 129. Sanctions and effective enforcement. Cooperation between the inspection services and the judiciary. The Committee previously noted that most cases transmitted to the prosecutor’s office concerning suspected criminal offences by labour inspectors do not result in proceedings. The Committee notes with interest the Government’s indication in response that a cooperation agreement between the NLI and the prosecutor’s office was concluded in 2017, which resulted in the appointment of persons responsible for contacting the prosecutor’s office and executing a specialist supervision over notifications made by labour inspectors concerning suspected criminal offences. Within this cooperation, the NLI took measures to ensure that notifications to the prosecutor’s office contain all data available to the NLI confirming the validity of the notifications as well as the immediate transmission, upon request of the prosecutor’s office, of further detailed documentation of the inspection. The public prosecutor’s office also took measures to familiarize labour inspectors with the evidence collected during preparatory proceedings before a decision is issued to discontinue proceedings, in order to enable inspectors the possibility of filing an additional motion. In addition, the public prosecutor’s office now provides justification immediately in the event that labour inspectors make requests for justification pursuant to section 325(e) of the Code of Criminal Procedure. The most common reasons for discontinuing proceedings concern a lack of statutory grounds, insufficient evidence and a lack of intention to commit a crime. The Committee notes that as a result of meetings and training to improve cooperation, inspectors have been trained to properly draw up notifications transmitted to the prosecutor’s office. The Committee requests the Government to provide information on the impact of the measures taken to enhance cooperation between the labour inspection services and the judicial system, including the number of notifications made to the public prosecutor’s office, the number of such notifications which resulted in proceedings, and the results of such proceedings.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that detailed annual labour inspection reports are available on the website of the NLI, as well as the summary of the report submitted, in English, to the ILO.

Specific matters relating to labour inspection in agriculture

Articles 5(1)(a) and (c), 6(1)(a) and (b), 12 and 13 of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. The Committee notes the detailed information provided by the Government concerning the NLI’s information and prevention activities related to farming using training, lectures, publications and promotional action via various communication methods. For the years 2016–18, the NLI performed 10,000 inspections focusing on farms, 707 OSH trainings for farmers, and delivered 1,531 lectures for students. The Committee notes that in this area of work, the NLI cooperates with the Agricultural Social Insurance Fund, the Ministry of Agriculture and Rural Development, and the social partners.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Conventions on the basis of the supplementary information received from the Government this year, including the summary of the annual labour inspection report of 2019 (see Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129 below), as well as on the basis of the information at its disposal in 2019.
The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 19 August 2019, and the Government’s reply to these observations received on 26 September 2019.
Articles 2(1), 5(a), 6, 12(1) and 16 of Convention No. 81 and Articles 4, 6, 12, 16(1) and 21 of Convention No. 129. Coverage of workplaces by labour inspection. Restrictions on collaboration between labour inspection officials and other public institutions and on inspectors entering workplaces freely. The Committee previously noted the limitations on the work of the labour inspectorate in the Act on Freedom of Economic Activity (AFEA) related to prior authorization by the inspection authority, as well as practical difficulties it posed in inspecting workplaces with multiple employers and the conduct of joint inspections. The Committee notes that the Entrepreneurs’ Law, adopted in 2018, replaced the AFEA. It notes that pursuant to sections 48(1) and 54(1) of the Entrepreneurs’ Law, prior notice to the entrepreneur is required and the undertaking of simultaneous controls of an entrepreneur’s activities are not permitted, but that sections 48(11)-(1) and 54(1)-(8) state that these restrictions do not apply if the inspection is carried out on the basis of a ratified international agreement. With respect to authorization, the Committee takes note of the Government’s indication that prior authorization by the inspection authority seeks to ensure transparency, reliability, validity, and legitimacy of public administrative bodies. It notes that pursuant to section 49(1) and (2) of the Entrepreneurs’ Law, labour inspectors are empowered to conduct controls without prior presentation of the authorization from the inspection authority only in cases where control activities are necessary to prevent a crime or offence or securing evidence that such an offence has been committed, or when inspections are justified by a direct threat to life and health or environment, so long as such authorization is presented later to the entrepreneur within three days from the date of initiation of a control. Furthermore, the Committee notes that the Entrepreneurs’ Law empowers inspectors to carry out control activities only during working hours (section 51(1)).
The Committee recalls that according to Article 12 of Convention No. 81 and Article 16 of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to ensure that the Entrepreneurs’ Law is amended to provide without qualification that labour inspectors with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Noting the absence of the information, the Committee once again requests the Government to indicate whether the conduct of joint inspections with other public authorities, including the State Sanitary Inspection and the Road Transport Inspectorate, is possible under the Entrepreneurs’ Law.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors, and labour inspection activities for the protection of migrant workers in an irregular situation. The Committee takes note of the Government’s indication, in reply to its previous request, that the National Labour Inspectorate (NLI) supervises and controls compliance with legal provisions related to OSH and the legality of employment of both Polish citizens and migrant workers. The NLI’s controls cover visas and other residence permits or work permits, the conclusion of written employment contracts or civil law contracts, and compliance with labour legislation. The NLI predominantly targets entities where migrant workers from outside the EU/EEA and Switzerland are engaged in work due to the high risk of irregularities. Controls are initiated based on the results of past controls, or referrals and complaints lodged by other institutions, including the Border Guard. The Government indicates that the NLI’s controls can also be initiated based on complaints made by migrant workers, predominantly concerning non-payment of wages or the lack of written employment contracts. Moreover, the NLI’s controls focus on temporary employment agencies, as well as employers sending workers to Poland and employers in Poland posting workers to other countries.
The Committee notes the statistics provided by the Government indicating that in 2018, a total of 7,817 controls were undertaken on the legality of employment of migrant workers which detected labour law violations related to the payment of wages and other benefits (related to 1,555 migrant workers), medical examinations (780 migrant workers), OSH trainings (1,370 migrant workers), records of working hours (662 migrant workers), and other working time regulations including rest periods (569 migrant workers). These inspections also detected a lack of work permits (related to 3,101 migrant workers), employers’ non-adherence to the terms and conditions under work permits or residence permits (related to 1,087 migrant workers), and violations related to employers’ obligation to conclude written contracts (916 migrant workers). The Government indicates that labour inspectors issued decisions or oral orders to correct these violations. It further indicates that infringements of labour law provisions result in notifications by the NLI to the social insurance institution, the head of the customs and revenue office, and the police or the Border Guard. The Committee also notes with concern that, according to the 2018 annual labour inspection report, available on the website of the NLI, the NLI performed 176 joint inspections with the Border Guard, and that the NLI sent 711 notifications to the Border Guard of cases regarding the illegal performance of work by migrant workers. The same report also indicates that the Chief Labour Inspector signed a new cooperation agreement with the Chief Border Guard to cope with a dramatic increase in the number of migrant workers from outside the EU. The Committee further notes the Government’s indication in its supplementary report that in 2019, labour inspectors conducted 8,348 controls of the legality of employment and performance of work by migrant workers, which represented a 7 per cent increase from 2018. In addition, according to the summary of the 2019 labour inspection report, the NLI controlled the legality of work performed by 43,400 migrant workers in 2019, among which, 5,947 persons were found engaged in “illegal” work (related to the lack of the required work permit in the majority of cases).
The Committee notes that the observations of Solidarnosc refer to, among the new tasks undertaken by the inspectors, the increased control activity on the legality of employment of migrant workers. The Committee urges the Government to take measures to ensure that the additional functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In this respect, it requests the Government to provide information on the manner in which it ensures that cooperation with other authorities such as the Border Guard does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. The Committee also requests the Government to indicate the manner in which the NLI ensures the enforcement of employers’ obligations with regard to the statutory rights of migrant workers, including those in an irregular situation. It also requests the Government to provide information on the orders issued by labour inspectors related to labour law violations (such as orders for establishing an employment contract, payment of overdue wages or other benefits resulting from their work) concerning migrant workers in an irregular situation, and the results obtained from such orders.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarność” received on 19 August 2019, and the Government’s reply to these observations received on 26 September 2019.
Articles 3, 6, 10 and 11 of Convention No. 81 and Articles 6, 8, 14 and 15 of Convention No. 129. Additional duties entrusted to labour inspectors. Conditions of service. Resources of the labour inspectorate. The Committee notes the information provided by the Government that a number of tasks have been newly entrusted to the National Labour Inspectorate (NLI), under the Act on Compliance Assessment and Market Supervision (2016), the Energy Law (2017), the Act on the National Revenue Administration, the Entrepreneurs’ Law (2018), replacing the Act on Freedom of Economic Activity, as well as the amendments in 2019 to the Act on the NLI adding new control tasks for the NLI under the Act on the Employee Capital Plans (2018), the Act on Minimum Wages (2002), and the Act on Trade Restrictions on Sundays and Holidays (2018). The Committee notes the observations of Solidarność that there is a need to increase financial, human and organizational resources for the operation of the NLI, in response to the NLI’s increased tasks, which, according to the union, are too broad and go beyond the functions of the labour inspection system. The Committee notes the Government’s response that many of the newly introduced tasks exceed the framework of Conventions Nos 81 and 129, and that it is necessary to increase expenditures to prepare staff, including through the introduction of training, new organizational and IT solutions. The Government indicates that the Chief Labour Inspector has, over the years, drawn attention to the NLI’s increased workload without an adequate increase in its budget at various occasions including at the proceedings of Sejim Committees and the Labour Protection Board.
Solidarność also indicates the need for ensuring attractive employment conditions for inspectors, as some inspectors seek additional sources of income through training activities. Referring to the NLI’s performance in terms of improved workers’ rights and increased occupational safety demonstrated in the 2017 annual labour inspection report, Solidarność states that it strongly opposed a reduction of the NLI’s budgetary resources that had been proposed as amendments to the draft Budget Act for 2019 by the Public Finance Committee. Solidarność states that this was proposed while foreseeing at the same time an increase in expenses for prison officers, police officers and customs officers. In this respect, the Committee notes that the reduction in the NLI’s budget was not approved in the course of further legislative proceedings and that the 2019 Budget Act endorsed an increase of the NLI’s budget by more than 14 million PLN. The Committee requests the Government to indicate the measures taken or envisaged to align the conditions of service for labour inspectors with other public servants exercising similar functions (e.g. tax inspectors or the police). It also asks the Government to provide information on which of the newly introduced tasks goes beyond the functions of labour inspection as outlined in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, and to provide information on the proportion of time spent by labour inspectors on such additional tasks in relation to the primary functions of labour inspection. The Committee further asks the Government to provide its comments with respect to the observations that inspectors are seeking additional sources of income, including, if applicable, whether they engage in such income-generating activities within or outside the scope of their official duties.
Article 3(1)(a) and (b) of Convention No. 81 and Articles 6(1)(a) and (b) and 17 of Convention No. 129. 1. Preventive control of new establishments and installations. The Committee notes the Government’s indication, in reply to its previous request regarding cooperation between the National Labour Inspectorate (NLI) and other specialized authorities, that tasks are jointly performed within the compliance assessment system, in order to eliminate goods which pose potentially serious threats to health and life, and to monitor compliance with the EU requirements. Joint control activities are carried out proportionally to the level of risk and threats to health and safety of employees. The NLI conducts controls based on complaints and referrals from other specialized authorities regarding the existence of goods that may pose a threat to employees and it cooperates with customs authorities to prevent imports from non-EU countries of hazardous goods or goods violating requirements. The Committee notes this information.
2. Control of illegal job placement and matching by employment agencies. The Committee notes the observations by Solidarność that there is a need to strengthen supervision of unauthorized employment agencies, and that measures should be taken to ensure better protection for the rights of temporary workers. The Committee notes the Government’s indication in response that pursuant to section 10(1)-3(d) and (e) of the Act on the NLI, the NLI is empowered to carry out inspections related to compliance with the registration of employment agencies and their operations in accordance with the terms provided under the Act on Employment Promotion and Labour Market Institutions (AEPLMI). The Government states that there is no need to take further measures, since extensive modifications were already made to the AEPLMI with a view to improving the employment conditions of temporary workers and strengthening the effectiveness of inspection measures including through increased penalties. In this regard, the Committee notes that according to the 2018 labour inspection report, 65 employment agencies out of a total of 602 entities inspected were found to be operating illegally, and that irregularities were found in the entities inspected related to principles of cooperation and conditions of temporary work between the agency and user employer (25.3 per cent); payment of wages and other benefits (8.1 per cent); and conclusion of civil law contracts (7.9 per cent). With reference to its comments on the Private Employment Agencies Convention, 1997 (No. 181), the Committee requests the Government to provide further information on the role of the NLI with respect to the enforcement of the legal provisions relating to conditions of work and the protection of workers engaged through employment agencies.
Articles 6 and 7(1) of Convention No. 81 and Articles 8 and 9(1) of Convention No. 129. Recruitment and qualifications of labour inspectors. The Committee notes the observations of Solidarność that the practice of filling many positions of the NLI based on appointment raises a serious concern with respect to ensuring the stability of the NLI. According to the Act on the NLI, the Chief Labour Inspector shall appoint and remove managerial positions at the NLI, the district labour inspectorates and the training centre (section 40). District labour inspectors shall be appointed and dismissed by the Chief Labour Inspector (section 5(3)). Pursuant to section 70 of the Labour Code, an employee employed based on an appointment may be dismissed from his post by the body that appointed him at any time, immediately or at a specific time. Solidarność alleges that these regulations destabilize employment relations of persons in managerial or advisory positions at the NLI, contributing to the politicization of the NLI. In addition, Solidarność states that there is a lack of stability in the employment of labour inspectors because they are recruited based on an appointment by the Chief Labour Inspector, following the completion of a fixed-term employment contract (which can be a maximum term of three years), in accordance with section 41(1) and (2) of the Act on the NLI. The Government indicates in response that further employment to an equivalent position shall be guaranteed for the employees of the NLI dismissed under section 5(3), and that the maximum duration of open-ended contracts for employees appointed for performing inspection activities is two years and early termination of fixed-term contracts prior to appointment is exceptional.
The Committee recalls that, under the terms of Article 6 of Convention No. 81 and Article 8 of Convention No. 129, labour inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of improper external influences. Article 7 of Convention No. 81 and Article 9 of Convention No. 129 further require that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties, and that the means of ascertaining such qualifications shall be determined by the competent authority. The Committee therefore requests the Government to provide detailed information on the appointment-based recruitment of labour inspectors, and for advisory and managerial positions at NLI, and its impact on the effectiveness of the functioning of the NLI and district labour inspectorates, as well as the measures taken or envisaged to ensure the stability and independence of labour inspectors, as required under Conventions Nos 81 and 129.
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22 and 23 of Convention No. 129. Sanctions and effective enforcement. Cooperation between the inspection services and the judiciary. The Committee previously noted that most cases transmitted to the prosecutor’s office concerning suspected criminal offences by labour inspectors do not result in proceedings. The Committee notes with interest the Government’s indication in response that a cooperation agreement between the NLI and the prosecutor’s office was concluded in 2017, which resulted in the appointment of persons responsible for contacting the prosecutor’s office and executing a specialist supervision over notifications made by labour inspectors concerning suspected criminal offences. Within this cooperation, the NLI took measures to ensure that notifications to the prosecutor’s office contain all data available to the NLI confirming the validity of the notifications as well as the immediate transmission, upon request of the prosecutor’s office, of further detailed documentation of the inspection. The public prosecutor’s office also took measures to familiarize labour inspectors with the evidence collected during preparatory proceedings before a decision is issued to discontinue proceedings, in order to enable inspectors the possibility of filing an additional motion. In addition, the public prosecutor’s office now provides justification immediately in the event that labour inspectors make requests for justification pursuant to section 325(e) of the Code of Criminal Procedure. The most common reasons for discontinuing proceedings concern a lack of statutory grounds, insufficient evidence, and a lack of intention to commit a crime. The Committee notes that as a result of meetings and training to improve cooperation, inspectors have been trained to properly draw up notifications transmitted to the prosecutor’s office. The Committee requests the Government to provide information on the impact of the measures taken to enhance cooperation between the labour inspection services and the judicial system, including the number of notifications made to the public prosecutor’s office, the number of such notifications which resulted in proceedings, and the results of such proceedings.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual labour inspection reports. The Committee notes that detailed annual labour inspection reports are available on the website of the NLI, as well as the summary of the report submitted, in English, to the ILO.
Specific matters relating to labour inspection in agriculture
Articles 5(1)(a) and (c), 6(1)(a) and (b), 12 and 13 of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. The Committee notes the detailed information provided by the Government concerning the NLI’s information and prevention activities related to farming using training, lectures, publications, and promotional action via various communication methods. For the years 2016–18, the NLI performed 10,000 inspections focusing on farms, 707 OSH trainings for farmers, and delivered 1,531 lectures for students. The Committee notes that in this area of work, the NLI cooperates with the Agricultural Social Insurance Fund, the Ministry of Agriculture and Rural Development, and the social partners.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
The Committee takes note of the observations of the Independent and Self-Governing Trade Union “Solidarnosc” received on 19 August 2019, and the Government’s reply to these observations received on 26 September 2019.
Articles 2(1), 5(a), 6, 12(1) and 16 of Convention No. 81 and Articles 4, 6, 12, 16(1) and 21 of Convention No. 129. Coverage of workplaces by labour inspection. Restrictions on collaboration between labour inspection officials and other public institutions and on inspectors entering workplaces freely. The Committee previously noted the limitations on the work of the labour inspectorate in the Act on Freedom of Economic Activity (AFEA) related to prior authorization by the inspection authority, as well as practical difficulties it posed in inspecting workplaces with multiple employers and the conduct of joint inspections. The Committee notes that the Entrepreneurs’ Law, adopted in 2018, replaced the AFEA. It notes that pursuant to sections 48(1) and 54(1) of the Entrepreneurs’ Law, prior notice to the entrepreneur is required and the undertaking of simultaneous controls of an entrepreneur’s activities are not permitted, but that sections 48(11)-(1) and 54(1)-(8) state that these restrictions do not apply if the inspection is carried out on the basis of a ratified international agreement. With respect to authorization, the Committee takes note of the Government’s indication that prior authorization by the inspection authority seeks to ensure transparency, reliability, validity, and legitimacy of public administrative bodies. It notes that pursuant to section 49(1) and (2) of the Entrepreneurs’ Law, labour inspectors are empowered to conduct controls without prior presentation of the authorization from the inspection authority only in cases where control activities are necessary to prevent a crime or offence or securing evidence that such an offence has been committed, or when inspections are justified by a direct threat to life and health or environment, so long as such authorization is presented later to the entrepreneur within three days from the date of initiation of a control. Furthermore, the Committee notes that the Entrepreneurs’ Law empowers inspectors to carry out control activities only during working hours (section 51(1)).
The Committee recalls that according to Article 12 of Convention No. 81 and Article 16 of Convention No. 129, labour inspectors provided with proper credentials shall be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. The Committee requests the Government to ensure that the Entrepreneurs’ Law is amended to provide without qualification that labour inspectors with proper credentials are empowered to enter freely any workplace liable to inspection, in accordance with Article 12(1) of Convention No. 81 and Article 16(1) of Convention No. 129. Noting the absence of the information, the Committee once again requests the Government to indicate whether the conduct of joint inspections with other public authorities, including the State Sanitary Inspection and the Road Transport Inspectorate, is possible under the Entrepreneurs’ Law.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional functions entrusted to labour inspectors, and labour inspection activities for the protection of migrant workers in an irregular situation. The Committee takes note of the Government’s indication, in reply to its previous request, that the National Labour Inspectorate (NLI) supervises and controls compliance with legal provisions related to OSH and the legality of employment of both Polish citizens and migrant workers. The NLI’s controls cover visas and other residence permits or work permits, the conclusion of written employment contracts or civil law contracts, and compliance with labour legislation. The NLI predominantly targets entities where migrant workers from outside the EU/EEA and Switzerland are engaged in work due to the high risk of irregularities. Controls are initiated based on the results of past controls, or referrals and complaints lodged by other institutions, including the Border Guard. The Government indicates that the NLI’s controls can also be initiated based on complaints made by migrant workers, predominantly concerning non-payment of wages or the lack of written employment contracts. Moreover, the NLI’s controls focus on temporary employment agencies, as well as employers sending workers to Poland and employers in Poland posting workers to other countries.
The Committee notes the statistics provided by the Government indicating that in 2018, a total of 7,817 controls were undertaken on the legality of employment of migrant workers which detected labour law violations related to the payment of wages and other benefits (related to 1,555 migrant workers), medical examinations (780 migrant workers), OSH trainings (1,370 migrant workers), records of working hours (662 migrant workers), and other working time regulations including rest periods (569 migrant workers). These inspections also detected a lack of work permits (related to 3,101 migrant workers), employers’ non-adherence to the terms and conditions under work permits or residence permits (related to 1,087 migrant workers), and violations related to employers’ obligation to conclude written contracts (916 migrant workers). The Government indicates that labour inspectors issued decisions or oral orders to correct these violations. It further indicates that infringements of labour law provisions result in notifications by the NLI to the social insurance institution, the head of the customs and revenue office, and the police or the Border Guard. The Committee also notes with concern that, according to the 2018 annual labour inspection report, available on the website of the NLI, the NLI performed 176 joint inspections with the Border Guard, and that the NLI sent 711 notifications to the Border Guard of cases regarding the illegal performance of work by migrant workers. The same report also indicates that the Chief Labour Inspector signed a new cooperation agreement with the Chief Border Guard to cope with a dramatic increase in the number of migrant workers from outside the EU.
The Committee notes that the observations of Solidarnosc refer to, among the new tasks undertaken by the inspectors, the increased control activity on the legality of employment of migrant workers The Committee urges the Government to take measures to ensure that the functions assigned to labour inspectors do not interfere with the main objective of labour inspectors, which is to provide for the protection of workers in accordance with Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129. In this respect, it requests the Government to provide information on the manner in which it ensures that cooperation with other authorities such as the Border Guard does not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. The Committee also requests the Government to indicate the manner in which the NLI ensures the enforcement of employers’ obligations with regard to the statutory rights of migrant workers, including those in an irregular situation. It also requests the Government to provide information on the orders issued by labour inspectors related to labour law violations (such as orders for establishing an employment contract, payment of overdue wages or other benefits resulting from their work) concerning migrant workers in an irregular situation, and the results obtained from such orders.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(1)(a) and (b) of Convention No. 81 and Articles 6(1)(a) and (b) and 17 of Convention No. 129. Preventive control of new establishments and installations. The Committee notes the Government’s indication, in reply to its previous comments, that although the amendments to the Act on the National Labour Inspectorate (ANLI) repealed the duty of the National Labour Inspectorate (NLI) to carry out inspections related to the design of construction, reconstruction and modernization of establishments including machinery and technical equipment, other authorities under the Act of 2002 on the Conformity Assessment System (ACAS) carry out such inspections. The Government states that, pursuant to section 38 of the ANLI, the NLI continues to be entrusted with the supervision of products that are placed on the market, and performs inspections related to buildings, rooms, workstations, machinery and equipment as well as technological and working processes (section 23). Labour inspectors have the right to issue an order to cease the operation of machines and equipment when their operation creates an immediate safety and health hazard in the workplace (section 11). According to the statistics provided by the Government, 412 labour inspections in 2015 focused on 410 newly established entities, employing approximately 6,000 workers. This resulted in a total of 3,247 decisions (orders, improvement notices and instructions, including 936 verbal instructions), 37 fines, 81 educational (disciplinary) measures, 638 penalty motions filed with courts, and one referral of criminal charges to the court. Concerning the Committee’s previous request regarding the application of section 37(a) of the ANLI, under which a labour inspector may refrain from applying legal measures and instead give verbal instructions in the case of violations detected in newly established plants where there are no immediate threats to life or health or wilful misconduct, the Government indicates that labour inspectors received 32 declarations from employers about the date of eliminating those violations. The Committee requests the Government to continue to provide information on the application of section 37(a) of the ANLI, indicating not only the number of declarations received upon the elimination of violations, but also the number of instances where no legal measures were applied following the detection of violations, pursuant to section 37(a). The Committee also requests the Government to provide information on the manner in which the NLI and the specialized authorities under the ACAS coordinate to exchange information and ensure preventive control under the conformity assessment system related to new products and production processes, in order to secure the health and safety of workers.
Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Content of annual reports on the work of the labour inspection services. The Committee takes due note of the detailed information provided in the annual inspection reports for 2013, 2014, 2015 and 2017, in reply to its previous comments, that include the statistics disaggregated by subjects of inspection.

Issues specifically concerning labour inspection in agriculture

Articles 5(1)(a) and (c), 6(1)(a) and (b), 12 and 13 of Convention No. 129. Preventive activities by the labour inspectorate in agriculture. The Committee notes the detailed information provided by the Government concerning labour inspection and prevention services related to forestry. The Committee also notes with interest the information on the nation-wide three-year campaign, featuring a range of communication channels, aimed at disseminating information on the ways to reduce occupational accidents and improving the safety and health of farmers and their family members. In this regard, the Committee notes with interest the evaluation conducted on the impact of the various activities carried out within the campaign indicating that it had contributed to changing farmers’ attitudes towards safety on farms, improving their awareness and knowledge of occupational safety and health (OSH) principles, and encouraging them to participate in OSH training.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.
Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Labour inspection activities for the protection of foreign workers in an irregular situation and additional functions entrusted to labour inspectors. The Committee notes the Government’s indication, in reply to its previous request, that the Border Guard (BG) is gradually taking over the controls in the area of legality regarding employment of foreigners. The Government indicates that after the adoption of the Polish Migration Policy in 2014, the focus of cooperation between the National Labour Inspectorate (NLI) and the BG is moving from jointly monitoring illegal employment to exchanging experiences, good practices and the interpretation of regulations. The Government states that this shall enable the NLI to focus more on issues directly concerning the protection of workers’ rights. According to the statistics contained in the Government’s report and the 2015 annual inspection report submitted in 2016, this shift resulted in labour inspections focusing more on controlling the legality of employment of Polish citizens: around 23,000 out of a total of 90,000 inspections performed by the NLI in 2015 focused on the legality of employment and other paid work of Polish citizens. This resulted in the detection of illegal employment of around 21,000 workers, including over 13,000 purported independent contractors. The Committee welcomes the indication that more than 8,000 of those workers obtained employment contracts through the labour inspectorate’s interventions.
The Committee notes the Government’s indication, nonetheless, that labour inspection controls are carried out in relation to foreign nationals illegally residing in the territory in cooperation with the BG, or that results of the inspections are notified to the BG, which then imposes sanctions. The Government indicates that the NLI focuses on the enforcement of employers’ obligations with regard to the statutory rights of only Polish workers who are found to be in an irregular situation with little control over foreign workers in a similar situation, as a consequence of the new distribution of duties between the BG and the NLI. The 2015 annual labour inspection report indicates that in 2015, 3,000 labour inspections focused on the legality of employment related to foreigners, one third of which detected violations. The Government states that the NLI detected a relatively small number of cases that concern foreign workers illegally residing in Poland: only 30 foreigners in nine entities were detected in 2015. For the years 2013–15, the detection of foreigners without work permits resulted in two referrals of motions for punishment to the court, four criminal fines and eleven educational measures. The Government indicates that the NLI is not aware of cases in which foreign workers illegally residing in Poland were granted statutory employment rights, such as wages and social security benefits. The Committee recalls that in its 2006 General Survey, Labour inspection, paragraph 77, it indicated that neither Convention No. 81 nor Convention No. 129 contain any provision suggesting that any worker be excluded from the protection afforded by labour inspection on account of their irregular employment status. The Committee further recalls its observation on the application of the Forced Labour Convention, 1930 (No. 29) in which it requested the Government to take the necessary measures to enable migrant workers to approach the competent authorities and seek redress in the event of a violation of their rights or abuses, without fear of retaliation. Noting the Government’s efforts to relieve the inspectorate of the task of monitoring illegal employment of foreign workers by transferring it to the BG, the Committee requests the Government to provide information on the manner in which the labour inspection services ensure the enforcement of employers’ obligations with regard to the statutory rights of foreign workers, including those in an irregular situation, resulting from their existing and past work (such as wages and social security benefits).
Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12, 22 and 23 of Convention No. 129. Sanctions and effective enforcement. Cooperation between the inspection services and the judiciary. The Committee takes note of the information provided by the Government in reply to its previous comments, on the number of notifications of a suspected crime made by labour inspectors to the Office of the Public Prosecutor (PO). However, it notes that nearly 75 per cent of notifications to the PO concerning suspicions of criminal offenses did not result in proceedings. The Government indicates that labour inspectors can file complaints or make requests for justification of the PO’s refusal to initiate proceedings, and that inspectors submitted 131 such complaints in 2015. Noting that most cases transmitted to the PO do not result in proceedings, the Committee requests the Government to provide information on the measures taken or envisaged to enhance effective cooperation between the labour inspection services and the judicial system. The Committee further requests the Government to provide information on the reasons why the PO declined to proceed, suspended, or discontinued cases, and whether the PO communicates these concerns, or seeks additional information from inspectors, prior to its final decision not to proceed. It also requests the Government to provide information on the measures taken to ensure that labour inspectors receive appropriate training on the preparation of notifications to the PO and are systematically informed about the outcome of the cases notified.
Articles 2(1), 5(a), 12(1), and 16 of Convention No. 81 and Articles 4, 12, 16(1) and 21 of Convention No. 129. Coverage of workplaces by labour inspections. Restrictions on collaboration between labour inspection officials and other public institutions and on inspectors entering workplaces freely. The Committee previously noted the Government’s indications concerning the restrictions set forth in Chapter 5 of the Act on Freedom of Economic Activity (AFEA) providing that inspections require an authorization indicating the subject of the control, and that the scope of the control cannot be exceeded during inspections. The Committee takes due note that the AFEA was amended in 2015 to provide that certain restrictions would not apply if ratified international agreements provide otherwise. However, it notes with concern the Government’s indication that the application of the provisions of the AFEA to the NLI poses various difficulties in practice.
The Committee takes due note that the requirement in section 79-2(1) of the AFEA of prior notification to carry out inspections does not apply to labour inspection, in light of the obligations under Conventions Nos 81 and 129. It however notes that section 79(a) requires labour inspectors to obtain and present authorization from the labour inspectorate to the entrepreneur or his/her representative, except for serious cases where authorization can be presented within three days after initiating the inspection. The Government states that obtaining this authorization can increase the time-consuming nature of activities before the start of an inspection and limits the mobility of labour inspectors. It poses practical difficulties in inspecting an entire workplace with more than two entrepreneurs or subcontractors, and often makes it difficult to conduct controls without an agreement from the entrepreneur. The Government also indicates that the AFEA prevents labour inspectors from carrying out joint inspections with other public authorities charged with supervising working conditions (such as the State Sanitary Inspectorate and the Road Transport Inspectorate). The Government further indicates that the AFEA requires carrying out inspections at the headquarters of the entrepreneur or place of business, which severely limits the possibility of monitoring entrepreneurs engaged in economic activities using their home address. The Committee also notes the detailed information provided by the Government on the various administrative court decisions on the application of the AFEA to the NLI and takes note of the Government’s indication that there is a risk that evidence collected as a result of inspections may be regarded in violation of the AFEA. The Committee urges the Government to take measures to address the limitations on the work of the labour inspectorate related to prior authorization, inspecting workplaces with multiple employers and the conduct of joint inspections, in accordance with Articles 12 and 16 of the Convention No. 81 and Articles 16 and 21 of the Convention No. 129. It requests the Government to provide information on the measures taken in this respect, and to continue to provide information on the impact of the AFEA on labour inspection activities.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.
Articles 5(1)(a) and (c), 6, paragraph 1(a) and (b), 12 and 13 of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities by the labour inspectorate in agriculture. The Committee notes with interest that the Government continues to provide detailed information on the various initiatives taken by the labour inspectorate during the reporting period aimed at reducing the incidence of industrial accidents and cases of occupational disease. In this regard, it notes that in 2009, a tripartite Commission for Safety and Health in Agriculture was established as a specialized institution of the Chief Labour Inspector. This Committee is composed of representatives of the Main Trade Union of Employees in Agriculture and the Federation of Unions of Agricultural Employers, the Minister of Agriculture and Rural Development and other representatives of governmental bodies and associations and is entrusted with providing directions on preventive measures in the area of occupational safety and health in agriculture and with developing promotional activities to improve occupational safety and health of workers in this sector, including individual farmers. The Committee notes that preventive measures, including educational measures and training, are also provided for family members of operators of agricultural undertakings, which are not covered by the national legislation. The Committee would be grateful if the Government would continue to provide information on the activities undertaken by the labour inspectorate in agriculture, including forestry.
Article 17 of the Convention. Association of the labour inspectorate in the preventive control of new plant, materials or substances and new methods of handling or processing products likely to constitute a threat to health or safety. Referring to its direct request under Convention No. 81 on the legislative amendments to the National Labour Code and the National Labour Inspection Act, the Committee asks the Government to indicate whether the labour inspection services in agriculture continue to be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to the safety and health of workers, and to provide relevant information on the measures undertaken in this regard during the period covered by the Government’s next report.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of the present Convention.
Article 16(1)of the Convention. Right of inspectors to enter agricultural undertakings freely. The Committee notes the information provided by the Government that, according to section 3 of the Act on Freedom of Economic Activity (AFEA), agricultural enterprises carrying out activities in the area of crop farming and animal husbandry, horticulture, market gardening, forestry and inland water fisheries are excluded from the scope of the AFEA. Therefore, prior authorization by labour inspectors to carry out inspections is not as a rule required. However, the Committee understands from the Government’s indications that, in practice, these undertakings are sometimes considered to exercise economic activities and to fall within the scope of the AFEA, despite the stipulations in section 3 of the AFEA. Furthermore, the Government once again indicates that as a result of contradictory decisions by administrative courts in recent years, there are doubts as to whether labour inspection is to be considered as a supervisory body for economic activities falling within the scope of the AFEA. The Committee would like to refer the Government to its related comments under Articles 5(b) and 12(1) of Convention No. 81 regarding the free access of labour inspectors to workplaces liable to inspection, and requests it to indicate the measures taken or envisaged to remove any obligation on labour inspectors to obtain prior authorization in order to exercise their right of entry into workplaces liable to inspection to carry out inspections.
Articles 26 and 27. The Committee notes with interest the detailed information on the work of the labour inspection services in agriculture in a separate annual report for the period of 2011–12. It further notes the Government’s indication that a report on the activities of the National Labour Inspectorate (NLI) will be communicated as a separate chapter of the report on the activities of the labour inspection services from 2013 and will be made available in mid-2014. The Committee welcomes the progress made in this regard and hopes that these annual reports will contain information on all the subjects covered by Article 27(a)–(g).
The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee would like to draw the Government’s attention to the following points:
Article 6 of the Convention. Occupational safety and health in agriculture at the level of the national labour inspectorate. The Committee notes that in 2009 a Safety and Health Commission in Agriculture was established in the national labour inspectorate and that its responsibilities include developing guidelines for prevention in the field of occupational safety and health in agriculture and the provision of opinions concerning draft legal texts on that subject. The Committee would be grateful if the Government would provide further information on the activities of the Safety and Health Commission in Agriculture (including any relevant documents or texts), as well as information on its legal basis and composition.
Article 16(1), of the Convention. Right of inspectors to enter freely agricultural undertakings. With reference to its previous comments regarding the obligation to obtain prior authorization from the supervisory authority to exercise the right of entry into workplaces liable to inspection, the Committee notes the Government’s indication that this requirement does not apply to agricultural undertakings engaged in crop farming and animal husbandry, horticulture, market gardening, forestry and inland fisheries, as they are exempt from the scope of the Act on Freedom of Economic Activity (AFEA), in conformity with section 3 of the Act. However, the Committee also understands that there are uncertainties of interpretation as to whether or not certain activities in the area of agriculture fall within the scope of the AFEA. Also referring to its comment under the Labour Inspection Convention, 1947 (No. 81), the Committee once again asks the Government to take all appropriate steps to remove any requirement in law for labour inspectors to seek authorization from the supervisory authority to exercise their right of entry into workplaces liable to inspection. Please provide information in the next report on these measures and a copy of any relevant text.
Articles 26 and 27 of the Convention. The Committee reminds the Government once again of the obligation of the central inspection authority to publish and communicate to the ILO within the time limit set out in Article 26, either in the form of a separate report or as part of the general annual report, a report illustrating the work of the labour inspection services in the agricultural sector containing the information required by clauses (a)–(g) of Article 27.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6, paragraph 1(a) and (b), of the Convention and Paragraph 14 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). Preventive activities by the labour inspectorate in agriculture. The Committee notes with interest that the labour inspectorate has again taken various measures during the reporting period aimed at reducing the incidence of industrial accidents and cases of occupational disease (according to the information on the Government’s web site, the incidence of accidents is two-and-a-half times higher in agriculture than in other sectors of the economy). These measures include an increase in the number of inspection visits to agricultural undertakings of 48 per cent compared to 2007 (including controls of a large number of agricultural machines and technical facilities, and demonstrations of the safe operation of tractors, machines, saws and chainsaws), as well as inspections in timber and other forestry management activities. The Committee also notes with interest the annual preventive and promotional campaign to improve safety and health conditions at work in individual farms. The National Labour Inspectorate (NLI) has also organized conferences, meetings, training and seminars for agricultural and forestry entrepreneurs, workers and occupational health and safety staff on relevant legal provisions, the hazards inherent to asbestos, transport activities, child labour in agricultural undertakings, and on musculoskeletal disorders and occupational diseases. The Committee notes with satisfaction the organization of other kinds of preventive activities, such as: (1) field shows and training courses in safe cutting methods in the event of specific threats (trees brought down by storms or snowfalls) in some forest district offices; (2) education in rural areas targeting children (including talks to over 32,000 children, with the help of schoolteachers) as well as adults, on the most frequent work-related hazards, accompanied by around 500 competitions and other interactive activities (Olympic, knowledge and artistic contests) for almost 53,000 rural children and young people, as well as actions in summer and winter camps for children, as indicated under Convention No. 81; (3) the organization of inspection stands and consultation points on technical safety at work during mass rural events, such as machine shows and exhibitions; (4) the publication and distribution of brochures, guidebooks and leaflets; and (5) the provision of information to the public through newspapers, radio and television. The Committee would be grateful if the Government would continue to provide information on any further labour inspection actions and initiatives for the same purpose in agriculture, including forestry.

Article 16, paragraph 1. Right of inspectors to enter agricultural undertakings freely. The Committee notes the information provided by the Government that, according to an accepted interpretation of the Act on the National Labour Inspectorate of 13 April 2007, inspection authorities in agricultural and forestry undertakings do not require authorizations, even though section 24 of the Act envisages such authorization. The Committee would like to refer the Government to its related comment under Article 12(1) of Convention No. 81 and asks the Government to ensure that the legislation is brought into line with the relevant provisions of both Conventions with regard to the free access of labour inspectors to workplaces liable to inspection with a view to avoiding differences in inspection procedures in practice.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee takes note of the Government’s report for the period ending 30 June 2007, the adoption on 13 April 2007 of the Act on the National Labour Inspectorate and the information available at the Internet site of the labour inspectorate concerning its work.

Article 6, paragraph 1, of the Convention and Paragraph 14 of Recommendation No. 133. Preventive activities by the labour inspectorate in agriculture. Protection of workers and work accidents. The Committee notes the information on the structure of the labour inspectorate in agriculture, and particularly concerning the establishment of a position of adviser to the Chief Labour Inspector for agriculture to strengthen the unit dealing with labour protection in agriculture.

In reply to the Committee’s previous comment concerning the significant increase in the number of fatal accidents in forestry in 2004, the Government indicates that analysis of these accidents shows that the growth in the number of fatal accidents in recent years is due, on the one hand, to the difficulties of logging related to climatic conditions (storms, snow caps) and, on the other, the important outflow of qualified forestry workers to work abroad.

The Committee, however, notes with interest that the labour inspectorate has taken various measures with a view to reducing the frequency of occupational accidents in agriculture and forestry: (i) the obligation for inspectors to increase the number of inspections in the sector; (ii) the presentation following each inspection in a forestry undertaking of the inspection results and recommendations for the optimum protection of health and safety; (iii) the increased number of prevention activities for workers, workers’ organizations and employers in the context of the national information and prevention campaign “Safety and Health at Work in Agriculture – SAFEFARM”, including the organization by labour inspectors of training and seminars and the dissemination of publications; (iv) the drafting of a media training package on accidents at work in agriculture; (v) the preparation of a film on other hazards in agriculture; and (vi) the presentation in partnership with a television channel of examples of good practices which have increased the level of occupational safety in agriculture. The Committee strongly encourages the Government to continue providing the labour inspectorate with the means to intensify its efforts to identify the specific risk factors to which agricultural workers are exposed with a view to their elimination and, as a result, a significant reduction in the number of occupational accidents and an improvement in the prevention of occupational diseases. The Committee requests the Government to continue providing information on the activities undertaken in this respect by the labour inspectorate in agriculture, including forestry.

Article 16, paragraph 1. Right of inspectors to enter agricultural undertakings freely. The Committee observes that, on the one hand, the 2007 Act on labour inspection has not removed the obligation for inspectors to obtain authorization to conduct an inspection and that, on the other, in accordance with section 24 of the Act, the authorization shall specify the scope and limits of the purpose of the inspection. Under the terms of section 26, inspectors are nevertheless authorized, as envisaged in Article 16, paragraph 3, of the Convention, to refrain from informing the employer of their presence before the commencement of the inspection where they consider that this may influence the outcome of the inspection. The Committee once again reminds the Government that, in accordance with the international Conventions on labour inspection, inspectors shall be empowered to enter freely workplaces and undertakings liable to inspection, under the sole condition of being in possession of proper credentials. In paragraphs 265 and 266 of its General Survey of 2006 on labour inspection, the Committee considered that the various restrictions imposed by law or practice on the right of inspectors to enter workplaces freely, such as the requirement of a formal authorization issued by a higher authority for an inspection, can only stand in the way of achieving the objectives of labour inspection as set out in the instruments, and it invited the governments concerned to take the necessary steps to eliminate them in law and practice. On this point, drawing the Government’s attention to its 2007 observation under Article 12, paragraph 1, of Convention No. 81, the Committee urges the Government to take measures to amend the legislation so as to ensure that labour inspectors have the right to enter freely agriculture undertakings, as set out in Article 16 of the present Convention, to provide information on the progress achieved in this respect and to supply a copy of any relevant text.

Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. The Committee reminds the Government of the obligation of the central inspection authority to publish and communicate to the ILO within the time limit set out in Article 26, either in the form of a separate report or as part of the general annual report, a report illustrating the work of the labour inspection services in the agricultural sector containing the information required by clauses (a)–(g) of Article 27.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report for the period ending 30 June 2005. Further to its comments on the application of Convention No. 81, the Committee would be grateful if the Government would also provide information on the following points.

Structure of the labour inspection system. The Committee notes that, following changes made to the structure of the National Labour Inspection Directorate, the new Department for Prevention is responsible for the coordination of prevention activities concerning family farms. Noting that changes have also been introduced regarding labour inspections carried out at the district level, the Committee would be grateful if the Government would indicate the body responsible for carrying out preventive activities on family farms at the district level.

Occupational accidents in agriculture. The Committee notes a significant increase in the number of fatal occupational accidents in the forestry sector in 2004. It would be grateful if the Government would describe any new measures adopted or envisaged with a view to strengthening occupational risk prevention in agriculture and, in particular, in forestry.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes with satisfaction the Government’s detailed replies to its previous comments and the specific information on the manner in which effect is given to each of the provisions of the Convention both in law and in practice. It notes in particular the recently adopted legislative amendments to reinforce the status and the conditions of service of the labour inspectorate, the cooperative agreements concluded between the labour inspectorate and other bodies carrying out similar functions with a view to making the labour inspection system more efficient, as well as the numerous activities undertaken to offer all agricultural workers, whatever their status, technical advice and information on health and safety at work, with a view to reducing the employment accident rate in the agricultural sector, which is particularly high by comparison with the national rate, as members of workers’ families live on farms and are also exposed to specific health and safety risks.

2. The Committee also welcomes the detailed information provided by the Government on the inspection activities undertaken in agricultural enterprises and their results, and on the persons covered in the public and private sectors, disaggregated by sex and indicating the proportion of young workers. This information is presented by branch of agricultural activity and shows the types of inspections and their objectives, the seriousness of the employment accidents and the length of the ensuing sick leave, the number of cases of occupational disease, the types and nature of violations reported, and the measures taken to prevent, punish or eliminate violations.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports. It requests the Government to provide further information on the following points.

Article 1, paragraph 2, of the Convention.  Please indicate whether any decisions have been taken pursuant to paragraph 2 and, if so, describe the procedure followed for consultation with the most representative organizations of employers and workers.

Article 1, paragraph 3.  Please indicate whether, and in what cases, this provision of the Convention is applied.

Article 2.  Please indicate whether arbitration awards and collective agreements upon which the force of law is conferred are enforceable by labour inspectors.

Articles 7 and 8.  The Committee notes that the State Labour Inspection is subordinated to the Sejm (Lower Chamber of the Parliament) and the supervision over the State Labour Inspection on behalf of the Sejm is exercised within the scope determined by law by the Labour Protection Council. Referring also to its 1999 comment on Articles 4 and 6 of Convention No. 81, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that labour inspection staff are assured of stability of employment and are independent of improper external influences.

Article 11.  Please indicate whether technical experts and specialists who are not members of the inspection staff are associated in the work of the labour inspection and, if so, what are the forms of such association.

Article 12, paragraph 2.  Please indicate whether recourse has been had to the possibility provided for in this paragraph and, if so, what are the government services or institutions to which certain inspection duties have been entrusted, the nature of these duties, the manner in which they are carried out, and whether these inspection activities are subject to supervision by the central authority.

Article 18, paragraph 4.  Please indicate the specific provisions of the national legislation requiring that the defects noted by the inspector when visiting an undertaking and the orders he makes or has made or for which he intends to apply are immediately made known to the representatives of the workers.

Article 19, paragraph 2.  Please indicate whether labour inspectors are associated with inquiries on the spot into the causes of occupational accidents or diseases.

Article 20(b) and (c).  The Committee asks the Government to indicate whether the Act on the State Labour Inspection has been amended to give effect to these provisions.

Article 24.  Please indicate specific penalties prescribed by the Code of Petty Offences and the Penal Code for violation of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties.

Article 27.  Please clarify whether the annual reports contain statistics of occupational accidents and diseases, including their causes.

Part III of the report form.  The Committee asks the Government to indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention.

Part IV of the report form.  Please give a general appreciation of the manner in which the Convention is applied.

The Committee also asks the Government to provide copies of the following documents:

-  the latest annual report on the activities of the State Labour Inspection;

-  the Act concerning the Social Labour Inspection; and

-  resolution No. 123 of the Council of Ministers concerning receipt, examination and settlement of complaints, dated 28 November 1980 (as amended).

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