Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Labour Inspection Convention, 1947 (No. 81) - Poland (Ratification: 1995)

With reference to its observation, the Committee would welcome further information concerning the following points.

Article 2 of the Convention. Scope of labour inspection. The Committee notes with interest that, under article 13 of the Act on the National Labour Inspectorate, the scope of labour inspection has been extended to cover workers conducting economic activities on their own account, particularly with regard to safety and health. The Committee requests the Government to provide further information on the activities undertaken in relation to this category of workers and the methods used.

Article 3, paragraphs 1 and 2, Articles 5(a), 6, 12, 15(c) and 17. Additional duties entrusted to labour inspectors. Mobilization of resources. The Committee notes from the annual labour inspection report for 2007 that 49 decisions to expel foreign nationals or oblige them to leave the territory were issued by the Governor, border guards or the police as a result of the cooperation of the National Labour Inspectorate with these institutions. It also notes that, under article 13 of the Act on the National Labour Inspectorate, labour inspectors are responsible for controlling legal employment status, and that cooperation with the police and border guards is envisaged in article 14 of the Act, with article 37 requiring the labour inspectors to notify them of infringements of relevant regulations. The Committee recalls that these activities raise problems of compatibility with the primary functions of labour inspection and make additional calls on the resources available to the labour inspection services. The Committee requests the Government to provide information on the protection afforded to workers who are in an irregular situation (payment of wages, social insurance registration, entitlement to leave, etc.) for the period worked. It draws the Government’s attention in this respect to its comments in paragraphs 75–78 and 160 of the General Survey of 2006 on labour inspection

Article 6. Status and conditions of labour inspectors. The Committee notes that labour inspectors, by virtue of article 41 of the Act on the National Labour Inspectorate, are nominated and dismissed by the Chief Labour Inspector, and that articles 62 and 63 of the Act indicate causes which justify the termination of the employment relationship of labour inspection staff. The Committee requests like the Government to indicate how it is ensured in practice that labour inspectors are assured of stability of employment and are independent of changes of government and improper external influences.

In addition, noting that article 48(3) of the Act requires prior consent by the Chief Labour Inspector for the exercise of work outside the employment relationship, the Committee asks the Government to provide further information on the effect given to this provision in practice.