Rom: What prejudge that institution considered to be trading? Is it included eg. A bakery / pastry shop, where employees involved in baking, while being exposed tables for customers who can buy and eat cake / ice cream?
Danuta Rutkowska : the Labour Code does not define the concept of “trading post”, but it is understood that it includes all institutions and establishments that carry on a trade, both wholesale and retail, and so those that buy products for resale.
the intention of the legislature in introducing nine years ago prohibition of trade in the holidays, expressed in the article art. 1519 kp, was the protection of workers and their families, working in large-scale retail outlets. and as far as the application of this provision to the typical retail outlets is not in doubt, so much in the beginning there were objections to the application of the prohibition against gas stations. the then Deputy Chief Labour inspector, Roman Giedrojć, today, the Chief inspector of Labour, took then a decision that was reflected in the position of PIP on the Prohibition of work in commercial establishments on holidays. It is true today. Guided by the social interest, PIP concluded that the stations should be classified as service outlets, to carry out necessary due to their social utility and the daily needs of the population. We also believe that a ban on working in the trade on holidays does not include pastry and bakery, where you can sit at a table to podelektować the local pastries.
Are inspectors inspect commercial establishments on a holiday, or later ?
They can do during these days, and during the next. However, since for more than eight years it was not in the holy monitor compliance with the ban on working in the trade holidays, which would included a larger number of retail outlets, Roman Giedrojć, the Chief Inspector of Labour, made a decision about their conduct in the upcoming festival, Aug. 15., On throughout the country. The decision to audit the day shopping for all organizational units of the National Labour Inspectorate (16 OIP plus 43 branch offices OIP) was dictated by the repeated signals of breaking the ban on working on public holidays in the trade and alarming information about non-compliance with other provisions of labor law, including in terms of legality employment, mainly by small retail outlets.
Labour inspectors will check who and on what basis does the work, preparing for work for medical examinations and training of OSH. Checker or working in controlled facilities foreigners are employed legally. Verify it, how are observed the rules on working time, on payment of remuneration for work and the rules of safety and health at work.
In the case of checks to verify the validity of complaints on violation of the prohibition of work on public holidays, which take place in later days, labor inspectors are viewing records of working time, a list of logon time and logoff employee in the computer network, they can also ask employees to submit statements, etc.
Are there many employers violate the prohibition of work in the trade and how way?
Since the beginning of 2016. labor inspectors found 96 cases of breach of prohibition of trade on holidays to more than 300 employees (in 2015. reported 158 cases of breach of this prohibition). 52 employers were fined by the mandate of the criminal, and, for the 11 employers, labor inspectors headed to court requests for punishment.
During the audit compliance with the prohibition of work in the trade holidays, inspectors find numerous violations of labor law. The most common are: avoidance rules by hiring “own” employees (every day working on a contract of employment) on the basis of civil law contracts, concluding apparent civil law contracts, while such persons are working in conditions relevant to a contract of employment (in particular time and place under the supervision of the management), without employing any agreement, “black”. Reveal numerous irregularities in the conduct of timesheets, and even the lack of it, deduction of wages, problems with payment of overtime, inadequate organization of working time, generating numerous violations of the law, such as. The failure to daily and weekly rest to employees, failure to provide another day off in exchange for work performed on Sundays. But also, what is especially worrying because it concerns safety, often uncovers a lack of training in the field of safety and health surveillance.
-not. j.kal.
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