Main powers of the NLI officers
A labour inspector has the right to conduct, at any time of day or night without a prior notice, an inspection of the observance of labour law, in particular occupational safety and health regulations and rules, on the premises of all economic entities for which work is executed by natural persons. In cases when infringements of regulations are identified, a labour inspector is empowered to issue an order (administrative decision) demanding from the employer:
- to eliminate the identified irregularities – if they are connected with the occupational safety and health rules;
- to discontinue the work immediately or to transfer employees (or other persons involved) to other types of work – if the infringement causes an immediate hazard to life or health of employees or persons executing the work;
- to pay the remuneration and any other benefits due to an employee on the basis of an employment relationship.
If the acceptance for operation of the constructed or reconstructed industrial facility might cause an immediate hazard to life or health of the persons employed, a labour inspector lodges a protest against its start-up.
Other irregularities are dealt with by issuing an improvement notice. In cases of infringements against employees’ rights, a labour inspector has the power to punish the offender with a fine or to lodge a complaint with the labour court with a motion for punishing the offender.
A district labour inspector has the power to issue an order on discontinuance of activities by an industrial facility or its part if the occupational safety and health conditions are hazardous to life or health of employees, and the hazard cannot by eliminated by applying other legal measures which can be issued by labour inspectors.
The Chief Labour Inspector tables motions for the development or amendment of the relevant regulations in labour law and submits an annual report on the NLI’s activity to the Sejm, the Labour Protection Council and the Council of Ministers (the report is also available to the public on the Internet).