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The National Labour Inspectorate in Poland as a liaison office

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

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The National Labour Inspectorate in Poland as a liaison office

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  1. The National Labour Inspectorate in Poland as a liaison office

  2. The National Labour Inspectorate’s tasks 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.

  3. Implementation of the liaison office tasks 4 weeks for providing a reply (Standards of Cooperation) The Chief Labour Inspectorate district labour inspectorate inspection district labour inspectorate inspection inspection district labour inspectorate

  4. Other liaison offices in Poland The Ministry of Finance (taxes) The Social Insurance Institution (social insurance benefits)

  5. Implementation of the liaison office tasks Exchange of correspondence in the following EU languages: • English • German • French • Spanish • Italian

  6. Cooperation with the EU Member States Exchange of information on posted workers with EU liaison offices covered the following: 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.

  7. Cooperation with EU Member States Exchange of correspondence with EU liaison offices concerning other issues, also other than posted workers,covered the following: 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.

  8. Cooperation with EU Member States 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:

  9. 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:

  10. 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?

  11. 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.

  12. Agreements concluded by the NLI in Poland 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.

  13. Thank you for attention! Prepared by: Jarosław Leśniewski Director Legality of Employment Department

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