Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Poland

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

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 6, 10 and 11 of Convention No. 81 and Articles 8, 14 and 15 of Convention No. 129. Conditions of service. Resources of the labour inspectorate. In reply to the Committee’s previous comment, the Government indicates in its report that the State Labour Inspectorate (NLI) is undertaking a number of activities aimed at recruiting candidates for the positions of inspectors, such as cooperation with universities in order to attract students for internships, participation in events such as job fairs organised by labour offices or university career offices, as well as through the media and Internet portals. Between June 2023 and June 2024, a total of 50 employees acquired inspector qualifications after completing the inspector course. The employees were hired as junior labour inspectors on the basis of an employment contract, and then after a period of no more than 3 years they will be hired based on appointment. During the same period, 67 employees were appointed as inspectors. The Committee also notes that, according to the 2023 labour inspection report, there are 1,703 labour inspectors (1,664 in 2022). Concerning the remuneration, the Government indicates that, despite the limited resources, as of January 2024, the staff of the NLI received a 20 per cent salary increase. In its observations, Solidarność indicates that problems related to the long-term underfunding of the State Labour Inspectorate still remains relevant. It indicates in particular that: (i) the 20 per cent increase in salaries referred to by the governmental is the result of a 20 per cent increase as of 1 January 2024 for all employees in the state budget whose salaries noted a steep decline in real terms in recent years in a situation of high inflation; and (ii) the increase also includes a 19.4 per cent increment of the minimum wage from 1 January 2024. The trade union considers the salary increase will not ensure the employment and retention of highly specialised staff to carry out the tasks of the Inspectorate. Solidarność also refers to the 2021 deliberations of the Labour Protection Council, which indicated that: (i) the salaries of junior inspectors is lower than the average salary in the national economy; (ii) the salaries of inspectors with relevant work experience and technical profiles is not attractive; and (iii) maintaining the salaries of labour inspectors at the current level will lead to a further decrease in the number of employees with technical education, leading to a shortage of specialists in this field. Solidarność further indicates that, according to the draft budget law for 2025, the amount of funds allocated for the operation of the Inspectorate is expected to increase by 15.8 per cent in 2025 compared to 2024. According to the trade union, the increase in funds for the operation of the NLI offers a chance to halt the unfavourable trend in employment. However, it takes the view that given its long-term underfunding, rebuilding its experts base will take time and the positive effects of the increased funding may also be delayed.

In its reply, the Government recognizes the necessity to make changes to the functioning of the inspectorate and to equip it with the tools that are necessary for the effectiveness of its actions. The Government indicates that a labour inspection reform, including issues related to staffing and resources, will be the subject of a dedicated team consisting of representatives of the Ministry of Family, Labour and Social Policy, the Chief Labour Inspectorate and the Chancellery of the Sejm.

With regard to the additional employment performed by labour inspectors, the Government indicates that to ensure that additional remunerated activities are carried out in a manner that does not interfere with the duties performed for the NLI, regulations have been introduced according to which an employee applying for permission to undertake additional paid activities must obtain a positive opinion with regard to the quantity and quality of work provided, and commitment to work. Paid activities may only be carried out during leisure time or as part of unpaid leave, with the supervisor's consent, up to a maximum of 2 days per calendar month. In addition, consents are granted for a limited period of time and may be revoked at any time. Consent for additional gainful activity was granted to more than 400 labour inspectors in 2023 (representing more than 25 per cent of this professional group) and 350 labour inspectors in 2024 (23 per cent of the professional group). The Government indicates that gainful employment outside the NLI in 2023 consisted mainly in training and journalistic activities. Solidarność takes the view that the high rate of involvement of NLI’s employees in additionally paid activities is worrying.

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 and to indicate the measures adopted in order to improve their conditions of service with a view to attract and retain qualified labour inspectors. Noting the absence of information in this respect, the Committee 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. In this regard, the Committee also requests the Government to provide detailed information on the work of the team that will be set up to reform the labour inspection system, and to indicate the progress achieved. Lastly, the Committee requests the Government to continue to provide information on the number of inspectors requesting to perform additional paid activities and the measures adopted in order to ensure that this does not interfere with their primary duties.

Article 3(1)(a) and (b) of Convention No. 81 and Article 6(1)(a) and (b) of Convention No. 129. Control of illegal job placement and matching by employment agencies. The Committee notes that in reply to its previous comment, the Government indicates that in 2024, the average duration of an inspection examining the premise of lawful establishment of an employment agency (i.e. registration in the register of the employment agencies) was 4 hours and 21 minutes (in 2023 this was 4 hours and 39 minutes). The Government adds that this time increases to more than 6 hours if, during the same inspection, the NLI checks other thematic issues in this area (for instance violations of the provisions of the Act on the rules for the employment of temporary employees). The Government further indicates that 513 inspections were carried out in 492 entities in relation to the application of the Act on the promotion of employment and labour market institutions, regulating the principles of running an employment agency and obligations related to the provision of job placement services, personal counselling, vocational counselling and temporary work. The Committee notes that the Government provides details of the number and type of violations detected, including with regard to the placement service of referring people to work abroad. The Government further indicates that in temporary work agencies, labour inspectors also carried out checks related to terms of compliance by these agencies with the provisions of the Act on the employment of temporary workers, as well as the Labour Code and the implementing regulations. In 2023, the NLI carried out 247 such inspections in 230 entities with irregularities found in 96.1 per cent of the entities inspected (of which 63 per cent related to non-compliance with the provisions of the Act on the employment of temporary workers). The Committee takes note of this information which addresses its previous request.

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. In reply to the Committee’s previous comment, the Government indicates that during the reporting period, 20 persons were dismissed from their positions, 10 of whom requested re-employment pursuant to Section 40(2) of the Law on the State Labour Inspectorate. These persons were employed in the NLI immediately after the end of the notice period, at positions equivalent to or higher than those held prior to their appointment. The remaining 10 persons did not apply for an employment relationship because they decided to retire. The Committee takes note of this information which addresses its previous request.

Issues specific to labour inspection in agriculture

Articles 1, 3, 4, 6 and 21 of Convention No. 129. Scope of the labour inspection system in agriculture. In reply to the Committee’s previous comment, the Government indicates that when considering the conduct of inspections among individual farmers who employ harvest helpers, it should be noted that section 304 of the Labour Code, which introduces obligations to observe occupational safety and health (OSH) regulations with respect to persons who are not employees, is addressed only to employers, which means entities employing workers, and entrepreneurs within the meaning of the Entrepreneurs Law. In this regard, the Committee notes that section 304(1) extends the obligation of the employer to ensure safe and healthy working conditions, to natural persons performing work on a basis other than employment relationship in the workplace or in a place designated by the employer, as well as to persons conducting their own business activity in the workplace or in a place designated by the employer. However, the Government indicates that, given the type of civil law contract of harvest helpers, the farmer benefiting from the harvest assistance is not considered as an employer. The Government indicates that therefore only the status of entrepreneur would allow for the application of the obligations to respect OSH measures with regard to those workers indicated in section 304(1) of the Labour Code (section 304(3) of the Labour Code). However, the Government further indicates that given the scope of application of the Entrepreneurs Law (section 6(1), item 1), which excludes production activities in agriculture, the application of OSH regulations relating to individual farmers (including those employing harvest helpers), is only possible with respect to entities carrying out manufacturing activities in agriculture.

In its observations, Solidarność confirms that in a situation where an individual farmer does not meet the prerequisites to be considered as an entrepreneur, the working conditions of the harvest helpers are not subject to any control and the NLI can only influence individual farmers indirectly through educational measures. According to the trade union, this points to the inadequacy of the national legislation.

The Committee recalls the broad definition of agricultural undertakings in Article1 of Convention No. 129, which includes undertakings and parts of undertakings engaged in cultivation, animal husbandry including livestock production and care, forestry, horticulture, the primary processing of agricultural products by the operator of the holding or any other form of agricultural activity. In addition, Article4 provides that the system of labour inspection in agriculture shall apply to agricultural undertakings in which work employees or apprentices, however they may be remunerated and whatever the type, form or duration of their contract. The Committee requests the Government to indicate the measures adopted in order to ensure that harvest helpers are covered by a system of labour inspection, regardless of the type of contract granted.

The Committee further notes the Government’s detailed information about the implementation of a variety of preventive measures to reduce the occurrence of accident and disease risks in individual farming, such as training, information sessions and collaboration with relevant partners such as the Agricultural Social Insurance Fund, the Ministry of Agriculture and Rural Development, agricultural advisory centres, chambers of agriculture, agricultural circles and organisations, and representatives of local governments. The Government also indicates that the most effective way of improving safety at work are visits to farms and field sites, during which inspectors provide direct instruction and identify accident hazards. The Government indicates that farm visits can only take place with the permission of the farmer. By obtaining such permission, almost 1,800 visits were carried out in 2023, during which the inspectors of the NLI held instructional talks with more than 2,300 people.

The Committee requests the Government to continue to provide information on the preventive activities on OSH conducted by the labour inspectorate and their impact.