Inspecting seasonal works, gastronomy and small business

Problems related to seasonal work of children and the youth in the holiday season and the observance of labour law in workplaces of tourist profile, small outlets and gastronomy – were the subjects of a meeting on 31 July 2008 in the Chief Labour Inspectorate of NLI management with journalists. Chief Labour Inapector, Mrs. Bożena Borys-Szopa was accompanied by her Deputies: Roman Giedrojć and Anna Tomczyk.

Chief Labour Inspector, Bożena Borys-Szopa drew everyone’s attention to the fact that young people often undertake seasonal work in holiday resorts rendering tourist services. As results from the information which reached the inspectorate, this work is often illegal with no lawful basis. It also happens that a young person does not receive any remuneration for it. It mainly results from the lack of experience of young persons who enter the labour market for the first time. One cannot permit that they enter ‘adult life’ in such a way.

In this context, Bożena Borys-Szopa emphasized that every form of employment requires written agreement which should clearly specify the character of tasks performed, required amount of time and – above all – the amount of remuneration. In case of possible conflict, it is far easier then to pursue one’s claims in courts. Head of labour inspectorate appealed to seasonal workers to always remember that.

She also reminded that employing for the so called ‘probation period’ should not take place without legal basis. It is obligatory to conclude a contract for trial period of max. three months. The subsequent employment contract should be concluded for fixed or indefinite time period.

There are also no obstacles for the youth above 13 years of age to be hired on the basis of a civil contract. Such form of employment, however, may only concern work specified in detail in a given contract.

Chief Labour Inspector emphasized that district labour inspectorates are open to young people who feel deceived on labour market. Inspectors are always there offering advice, supervision and inspection activity of dishonest employers, help young people prepare required pleadings. In turn, if employers have doubts about permitting juveniles to work, they should not wait for NLI’s inspection but contact the nearest inspectorate where they will always find help in dealing with a concrete problem.

Results of NLI inspections concerning seasonal work of children and youth, also in tourism, small outlets and gastronomy were presented by Deputies of Chief Labour Inspector Mrs.Anna Tomczyk and Mr. Roman Giedrojć. Here are some data presented by them.

From 1 May to 25 July labour inspectors conducted 52 inspections concerning seasonal work of children and youth. Irregularities which they identified harmful to safety of young persons mainly had to do with preliminary medical check-ups, OSH trainings, protection for electric installations against mechanical damages and electric devices against emitting electric shock. NLI inspectors issued 34 decisions concerning 283 employees, 35 motions in improvement notices, imposed 7 fines in the amount of nearly 8 thousand PLN and filed 2 motions to the court. In the same period 20 inspections were carried out in tourist agencies. 43 decisions were issued concerning 123 employees. Irregularities mainly concerned medical check-ups and OSH trainings, and in legal sphere of labour protection – remuneration and working time.

Preparation of employees to work, medical check-ups, OSH trainings, condition of devices and electric installations – are fields characterized by the biggest irregularities identified during inspections in hotels and restaurants. From 1 May to 25 July labour inspectors conducted 665 such inspections. Due to the scale of detected examples of breaching labour law, inspectors had to resort to strict legal instruments, including imposing of 158 fines of total amount: 187700 PLN, filing 66 motions to court and 10 notices to public prosecutor’s office concerning suspicions of committing a crime.

Similar irregularities were discovered during 166 inspections of retail sale outlets, employing from 1 to 9 workers. This time, inspectors imposed on parties responsible for infringements 49 fines amounting to 55700 PLN and filed 14 motions with courts.