11

The National Labour Inspectorate

in Poland as a liaison office

22

The National Labour Inspectorate’s tasks include cooperation with EU Member States’ authorities responsible for supervision of terms and conditions of employment, in particular:

reporting on identified infringements upon the rights of employees posted to work in the territory of the Republic of Poland for a specified period of time by an employer with a seat in a Member State of the European Union,

providing information on terms of employment of workers posted to work in the territory of another Member State by an employer with a seat in the territory of the Republic of Poland,

indicating the authority for labour market supervision which is competent to provide the requested information.

The National Labour Inspectorate’s tasks

33

The Chief Labour

Inspectorate

district labour inspectorate inspection

district labour inspectorate

district labour inspectorate

inspection

inspection

4 weeks for providing a reply (Standards of Cooperation)

Implementation of the liaison office tasks

44

Other liaison offices in Poland

The Ministry of Finance (taxes)

The Social Insurance Institution (social insurance benefits)

55

Exchange of correspondence in the following EU languages:

English

German

French

Spanish

Italian

Implementation of the liaison office tasks

66

Exchange of information on posted workers with EU liaison offices covered the following:

108

185 185

136

0

50

100

150

200

2006 2007 2008 01-08.2009

2006 – 108 cases,2007 – 185 cases, including 30 requests forwarded by the Polish party, 2008 – 185 cases, including 55 requests forwarded by the Polish party,01–08. 2009 – 136 cases, including 70 requests forwarded by the Polish party.

Cooperation with the EU Member States

77

Cooperation with EU Member States

Exchange of correspondence with EU liaison offices concerning other issues, also other than posted workers, covered the following:

47

8397

0

20

40

60

80

100

2007 2008 01-08.2009

2007 – 47 cases, including 45 requests forwarded by the Polish party, 2008 – 83 cases, including 78 requests forwarded by the Polish party,01-08. 2009 – 97 cases, including 82 requests forwarded by the Polish party.

88

53% 21%

13%

11%2%

Belgium - 194

France - 77

the Netherlands - 50

Germany - 42

other MS - 8

In the period 01.01.2007 – 31.08.2009 the largest number of requests were forwarded by liaison offices from the following EU Member States:

Cooperation with EU Member States

99

Cooperation with EU Member States

In the period 01.01.2007 – 31.08.2009 the Chief Labour Inspectorate forwarded the largest number of requests to liaison offices in the following EU Member States:

804538

262424

191715

72

0 10 20 30 40 50 60 70 80

the Netherlands

Germany

the Czech Republic

Belgium

France

Spain

United Kingdom

Norway

Italy

other MS

1010

Cooperation with EU Member States

Questions most frequently forwarded to the National Labour Inspectorate in Poland:

Does the company conduct a legal activity in Poland? Does the company conduct a considerable activity in Poland? Does the company employ posted workers on the basis of an

employment relationship? In which sector does the company conduct its activity? Does the company provide services in the framework of

temporary work, and if so has it been registered in the register of employment agencies?

1111

Cooperation with EU Member States

Questions most frequently forwarded to the National Labour Inspectorate in Poland (continued):

What working time system and daily working time norms are applicable to posted workers?

Other terms of employment during the posting period, including:

• the amount of eligible annual paid leave,

• the amount of paid and declared remuneration and the basis for calculating remuneration for work,

• pay rates for overtime work.

1212

The National Labour Inspectorate in Poland has concluded 9 agreements on cooperation with other EU Member States’ authorities responsible for supervision of terms of employment and working conditions, including 4 agreements on the exchange of information concerning posted workers with:

the Netherlands,

Norway,

Belgium,

Portugal.

Agreements concluded by the NLI in Poland

1313

Prepared by:Jarosław LeśniewskiDirector Legality of Employment Department

Thank you for attention!