What are the penalties for obstructing the control activities of the National Labour Inspectorate (PIP)?

The National Labour Inspectorate, like any state supervisory control body, operates on the basis of a dedicated act. In this case, it is the Act of 13 April 2007 on the National Labour Inspectorate. The Act regulates in particular such issues as: the organization of the office, its tasks, the scope of activities of the PIP bodies and the control procedure.

As part of the inspection procedure, the regulations guarantee inspectors a number of privileges. It should be remembered that inspectors are entitled to carry out, without prior notice and at any time of the day or night, inspections of compliance with labor law, in particular: the state of health and safety at work, control of compliance with the provisions on the legality of employment.

The labour inspector may also move freely around the premises of the inspected entity, without the obligation to obtain a pass. It is also not subject to personal review, also if it is provided for in the internal regulations of the controlled entity. On the other hand, the inspected entity (employer, entrepreneur) is obliged to provide the labor inspector with the conditions and means necessary to efficiently carry out the inspection. In particular, it must: immediately produce the documents and materials requested, ensure the timely provision of information, make available technical facilities, make available, as far as possible, a separate room with appropriate equipment.

As we know, there are cases of hindering the conduct of inspections by PIP inspectors. Depending on the specific case, they are qualified in terms of a misdemeanor or a crime – with all the consequences of this.

According to the Labour Code, anyone who hinders the activity of the national labour inspectorate, in particular makes it impossible to conduct a visit to the workplace or does not provide information necessary to perform its tasks – commits an offence punishable by a penalty of PLN 1000 to 30,000.

On the other hand, it follows from Article 225 of the Criminal Code that whoever thwarts or hinders the performance of an official activity to a person entitled to control the labour inspectorate or a person adopted to assist him is subject to a penalty of imprisonment of up to three years.

Taking into account the above, it should be noted that no provision, neither from the Labor Code nor the Criminal Code, says that the allegation of obstructing the conduct of PIP inspections applies only to activities specified in the PIP Act. Therefore, it can be considered that the allegation of obstructing or thwarting official activities can be formulated in the case of remote or hybrid inspections. If the employer or his representative violates the non-statutory rules of remote and hybrid control, in force during the epidemic, you may also be punished for a misdemeanor or crime.

Source: https://www.portalbhp.pl/blog/kara-za-utrudnianie-czynnosci-kontrolnych-pip–9898.html

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