Labour inspectors will have a new weapon in the fight against junk contracts, involving the replacement of civil law contracts on time. By issuing an administrative decision.
Such a solution concerning replace civil law contracts to a contract of employment, considering the fact the Ministry of Family, Labour and Social Policy.
PIP controls the company once every 25 years
According to various estimates on contracts junk working with us from several hundred thousand to 2 million people, mostly young. Inspectors of the State Labour Inspectorate (PIP) to detect irregularities in the recruitment of staff, but this is not an effective tool in the fight against the so-called. śmieciówkami.
– In Poland the company is controlled by PIP on average once every 25 years. So de facto not controlled ever – says Kamil Fejfer from the Foundation for Socio-Economic Initiatives.
The ineffectiveness of control also affects certainly low penalty.
– The maximum penalties that are imposed by PIP is nothing compared to the savings that the employer will be held in this connection, that will offer other than those required by law forms of employment. This intensifies the problem and makes the labor law is violated – adds Tomasz Janyst, co-founder of the Foundation Kalecki.
The extension of the powers of labor inspectors
As for that, that the powers of the State Labour Inspectorate should be strengthened, no one seems to doubt. However, the idea that labor inspectors could decide about the conversion of a civil contract on time may not, however, be hit – says Piotr Lewandowski, president of the Institute for Structural Research.
– The situation in which the inspector, who, however, is not a lawyer, not He is an expert in labor law and he can only suspect may have some intuition, but it should not be the final instance whether the agreement will be converted. We should strengthen these inspectors, but so that they could more quickly to check. But not so as to make their decisions, which may be different, were binding legally – says Piotr Lewandowski.
Other opinion on this subject is Barbara Surdykowska from the Office Expert National Commission of “Solidarity”.
– In most Western European countries, in most EU countries, the equivalent of our labor inspectorate has the opportunity without legal action if it finds certain features of the contract between the parties in favor of the need to conclude an employment contract – transformation. Of course, such a civil contract in the contract of employment. Since this is a definite appeal procedure. It is a matter of mechanisms that facilitate the enforcement of a legal structure that already exists – notes expert.
Judgment NSA on voluntary agreements and orders
Another thing is that they often employee will get more on hand than be deducted from your paycheck a lot of contributions.
– A few years ago there was a judgment of the Supreme Administrative Court, which held that if the employee voluntarily signed a contract orders, even if it seems that it should be time, then there is no obligation to convert, because he did it voluntarily. It was a little paradoxical judgment, because he said that you can break the law, if both parties so agree. On the other hand it also means that the current enforcement of these conversions is much more difficult. Therefore, it seems to me that protection against voluntariness use of such contracts on both sides of the solutions to this problem, we must search for the reasons why people are deciding to sign these agreements. So the fact that they give you, however, higher net wage workers – says Piotr Lewandowski.
This year, came into force of the amendment introducing the obligation to pay contributions to the Social Insurance Institution of any service contracts for the amount of the minimum wage.
Carolina Cerebrate mb
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