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

Poland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1995)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1995)

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.]