In the following year, the State Labour Inspectorate will go on the offensive against employers omijającym employment legislation. Should be especially wary of using contracts instead of employment contracts. Entrepreneurs afraid, however, that the inspectors will be guided by the principle “control is supposed to be punishment” to score statistics.
In 2017, PIP intends to hold a total of 79 thousand. control. This is less than in 2015, when there were more than 88 thousand. (data for this year yet). However, it is not the number of the case. On promises that next year’s checks will be better, I’m back.
the Area in which very accurately see the inspectors will be all kinds of agreements and contracts concluded between the employer and the employee. According to the “Programme of activities of the State Labour Inspectorate in the years 2016-2018″, under the special supervision there budowalny sector and hospitality.
Originally in the document, including the control of security was planned for 2018. – However, due to the large number of complaints from employees, moved it to 2017, says Lydia Schmidt, Director of Planning, Analysis and Statistics in the Main Labour Inspectorate. This is the official explanation of this change via PIP, but in the evaluation Wioletty Żukowskiej, expert of Employers RP, the reasons may be quite different.
- More here we are talking about the minimum hourly rate, because many owners of such companies will not be able to pay their employees at 13 cents per hour. It is easy to find here disorders, says Zhukovskaya.
Budowlanka and hospitality under the magnifying glass
in turn, with particular attention to the scanning of contracts in the construction and hospitality business follows from the fact that this year it was succeeded to establish to inspectors of GIT. – According to preliminary reports, up to 40 percent. checked contracts, a construction company was charged with the inspectors, says Lydia Schmidt. Most often this is related to the situation when the entrepreneur is the employment contract, which must be applied to a specific worker, signed him, for example, a contract.
the Expert of Employers of Poland a large percentage of breaches in the hospitality industry due to statistics. – In this industry because of its seasonality and employment of young people just are civil contracts. From the nature of things, it is easier to find mistakes and violations of the law.
in turn, Jan Styliński, President of the Polish Association of Employers of the Construction industry, not even trying to hide that shadow employment in industry is higher than in others. Convinced, however, that it is not connected solely with the evil will of entrepreneurs. As guilty as contracts budwlane are considered during the conclusion of contracts, their execution.
the Primacy of the rates and mechanisms of possible non-payments to contractors for the completed work is, in his opinion, to force contractors to seek and to save. In many cases it boils down simply to the conclusion, with no legal justification of contracts.
Talking about it, but you can’t abstract away some of the unfairness that our government itself characterizes. On the one hand, a very strict method imposes punishment and receives revenues for the State Treasury. On the other hand, imposing such conditions of functioning of the market, which, from the point of view specific logic are for entrepreneurs it is difficult to accept, says Styliński.
the Chairman of PZPB complains that such atencją that labor law is not considered public authorities, the obligation to pay for completed construction work. – Doesn’t want to protect so absolute my industry, but only pay attention to the fact that this system is connected, adds Styliński.
public procurement only for etatowców
in Addition to the use by employers of the correct form of employment, inspectors next year should focus on checking whether a private entrepreneur and mercenaries receive the minimum hourly rate. For any irregularities in the payroll based on 13 PLN per hour, the owner could face a fine of up to 30 thousand rubles.
Although the expert of Employers of POLAND predicts that it may relate to the security industry, says Lydia Schmitt with the PIP – none of the employers can not rely on tariff, preferential terms in this mass – Checks will be carried out at the enterprises of various industries, announces mysteriously.
Under a magnifying glass will be taken, carrying out the state orders. In their case, PIP very carefully to check, are you sure that they hire, I will put employment contracts. This is due to one of the leading changes in the law of Public Procurement which requires contractors to persons involved in the implementation of the order was accepted on this basis.
Is a good example of how PIP works. In subsequent years, takes aim at new recipes and checks whether they are complied with. Meanwhile, the inspectors once, mainly checking the compliance with the legislation on LABOR protection. Now engaged in reviewing contracts, but because of its technical education may not be what is actually ready – says Violetta Zhukovskaya.
validation – should be the punishment
by the way, also new goals for inspectors businessmen fear that some of them not disclosed, and with regard to the specific results and amounts. As evidenced by John Styliński, his organization receives numerous signals from the controllers that speak directly: “as we are, is we need some sort of penalty to impose”.
the Chief of the security Department in one of the largest construction companies in Poland heard recently from one of the inspectors that, as for him, it’s on the site there are no violations of the rules. But he came to impose a fine, because it is demanded of him, the boss tells Styliński.
adds Zhukovskaya, inspectors in such cases, the easiest way to find the fulfillment of the obligations arising from very complicated rules of LABOR protection. – Often it is some small recipe. Even a very good specialist in this area in the state of the company before such punishment to protect, he adds.
the Expert of Employers of POLAND admits that his organization from its members and receives signals that indicate that before the inspectors objectives associated with the detected anomaly.
- it is also Characteristic the fact that inspectors rarely visit the big companies have special departments and experts in the field of law and LABOR protection. Popping in small companies, where the level of such knowledge may be much lower, says Violetta Zhukovskaya.
Unfortunately, not all of our questions regarding the plans of inspections GIT in the next year we got the answers. Why? – Work programme of the PIP for 2017 is not yet final form. Will soon be submitted to the Council on the Protection of Labour in the Sejm RP, and then the Parliamentary Committee on State Control, says Lydia Schmidt.
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