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The Act Of 13 April 2007 On State Labour Inspection

Original Language Title: USTAWA z dnia 13 kwietnia 2007 r. o Państwowej Inspekcji Pracy

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ACT

of 13 April 2007

o State Labour Inspectorate 1)

Chapter 1

Organisation Of The State Labour Inspectorate

Article 1. [ State Labour Inspectorate] The State Labour Inspectorate is a body set up for the supervision and control of the observance of labour law, in particular the rules and principles of occupational health and safety, as well as the rules on the legality of employment and other work Earnings within the scope of the Act. Art. 2. [ Supervision of the State Labour Inspectorate] The State Labour Inspectorate shall be subject to the Sejm. Supervision of the State Labour Inspectorate within the scope laid down in the Act shall be exercised by the Labour Protection Council. Article 3. [ Organisational Units Of The State Labour Inspection] 1. The organizational units of the State Labour Inspectorate are: the Chief Labour Inspectorate, the District Labour Inspectorates and the Training Centre of the State Labour Inspectorate. Professor Jan Rosner in Wrocław, hereinafter referred to as the "Centre".

2. The State Labour Inspectorate shall be headed by the Chief Labour Inspectorate with the assistance of the deputies.

Article 4. [ Chief Labour Inspector] 1. The Chief Labour Inspector appoints and refers to the Marshal of the Sejm after seeking the opinion of the Labour Protection Council and the competent Sejm committee.

2. The Chief Labour Inspector shall perform duties until the day of appointment of his successor.

3. The deputies of the Chief Labour Inspector appoints and dismiss the Marshal of the Sejm, at the request of the Chief Labour Inspector after consultation with the Labour Protection Council.

Article 5. [ District Labour Inspectorate] 1. The District Labour Inspectorate covers the scope of its territorial jurisdiction the area of one or more voivodships. In the district labour inspectorates there may be branches.

2. The District Labour Inspectorate directs the District Labour Inspectorate with the assistance of the deputies.

3. The District Labour Inspectors shall establish and refer to the Chief Labour Inspectorate after consultation of the Labour Council.

Article 6. [ Delegation] 1. The Marshal of the Sejm at the request of the Chief Labour Inspectorate shall determine, by order of:

1) the statute of the State Labour Inspectorate, setting out its internal organisation;

2) the headquarters and territorial scope of the district labour inspectorates.

2. The Ordination of the Marshal of the Sejm in the matters referred to in paragraph. 1, shall be subject to notice in the Official Journal of the Republic of Poland "Monitor Polski".

Article 7. [ Labour Protection Council] 1. The Labour Protection Council, hereinafter referred to as the "Council", shall be urged as a supervisory authority in matters relating to the observance of labour law, including health and safety at work, as well as the legality of employment and the activities of the State Labour Inspectorate.

2. The Council shall consist of 30 members, including the Chairperson, the Deputy Chairperson, the Registrar and the Members whom the Marshal of the Sejm shall appoint and shall appoint. The tenure of the Council shall be four years.

3. The members of the Council shall act until the date of appointment of the new members.

4. Members of the Council shall be appointed from among the members, senators and candidates reported by the Prime Minister and by the trade union organizations and employers ' organizations, representative of the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240), as well as by other social organisations dealing with the issue of job protection. Experts and representatives of science shall also be appointed to the Council.

5. An employee of the State Labour Inspectorate may not be appointed to the Council unless it benefits from free leave granted to perform the functions of choice.

6. The rules of representation in the Council and the amount of the diet of the members of the Board for participation in its works shall be determined by the Marshal of the Sejm by means of order

7. The task of the Council shall be to express a position on matters relating to the operation of the State Labour Inspectorate, in particular concerning:

1) the programs of activity and tasks of the State Labour Inspectorate;

2) periodic evaluations of the activities of the State Labour Inspectorate and the conclusions resulting from these assessments;

3) problems of protection of work with nationwide coverage.

8. The Council expresses its opinion on the candidates for the position of the Chief Labour Inspectorate and its deputies and the district labour inspectors.

9. The Council acts on the basis of the regulations adopted by itself, approved by the Marshal of the Sejm.

Article 8. [ Tasks Of The State Labour Inspectorate Training Centre] 1. (repealed)

2. The tasks of the Centre shall be the training and improvement of the HR of the State Labour Inspectorate and the dissemination of knowledge and information, as well as advice on the protection of work.

3. (repealed)

Article 9. [ Occupational health and safety assessors] 1. The Chief Labour Inspector shall give the powers of health and safety experts at the request of the Qualifying Commission for the Evaluation of Candidates in the Ombudsmen, hereinafter referred to as the "Commission", and shall maintain a central register of issued allowances.

2. The powers of the expert on health and safety at work, hereinafter referred to as the "assessor", may be granted to a person who:

1) has completed higher technical studies;

2) it shall legitimise at least 5 years of professional practice in the field of the completed course of study;

3) completed the course preparing for the opinion of the projects on occupational health and safety and ergonomics, carried out by the entity authorized by the Chief Labour Inspectorate, according to the program approved by the Chief Labour Inspector;

(4) submitted, with a positive result, an examination before the Commission.

3. Granted powers entitle the valuer to the opinion of the projects of newly built or remodeled construction works or their parts, in which the premises are foreseen, in terms of compliance with safety and hygiene regulations work and the requirements of ergonomics.

4. The Chief Labour Inspector, on his own initiative or at the request of the competent District Labour Inspectorate, may withdraw the powers of the assessor in the case of issuing an opinion by him violating in a manner that is blatant of occupational health and safety regulations. The Chief Labour Inspector may also withdraw the powers of the assessor at the request of the district labour inspector, due to the location of the construction object, in the case of a statement during the receipt of this object or its operation, that in the opinion the relevant safety and health provisions have not been taken into account by the appraisal. The decision to withdraw the privileges of the assessor should be taken after the examination of the appraisal.

5. Members of the Commission, for a 4-year term of office, shall appoint the Chief Labour Inspectorate in agreement with the Minister responsible for the work of the candidates declared by:

1) The Main Authority of Construction Supervision,

2. technical organizations, professional associations, chambers of self-government as defined in the Act of 15 December 2000. of the professional self-government of architects and construction engineers (Dz. U. of 2016 r. items 1725)

and from the representatives of science and employees of the State Labour Inspectorate. The Commission shall consist of eight persons.

6. The Chief Labour Inspector, in agreement with the Minister responsible for labour, may cancel a member of the Commission:

1) at the request of the entity, who submitted his candidacy;

(2) in the event of a systematic non-participation in the Commission's work.

(7) Members of the Commission shall receive a remuneration for their participation in the work of the Commission, as well as on subsistence allowances and reimbursement of travel expenses under the rules laid down in the provisions of Article 77 5 § 2 of the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666, 2138 and 2255 and of 2017 items 60).

8. The costs related to the preparation of candidates for assessors, the raising of qualifications by the appraisers and the granting of powers to the experts, established by the Chief Labour Inspectorate, shall be submitted accordingly to the candidate for the appraisal or the assessor.

9. The Minister of competent employment after consulting the Chief Labour Inspector will determine, by means of a regulation:

1) the detailed conditions and the mode of granting and withdrawing the rights of the assessors, as well as the requirements for the preparation of candidates for the appraisers and the raising of qualifications by the appraisers, taking into account the level of education, the previous professional practice in the field of opinion of construction works projects, and the need for periodic training;

2. the scope of the powers referred to in paragraph 1. 3, the model of the powers of the assessor, the model of the clause and the stamp of the name and the model of the register of the opinion of the projects, taking into account the type of construction and the division into the design groups;

3) requirements concerning the opinion of experts on the projects of newly built or reconstructed construction works or their parts, in which the performance of the work is envisaged, and the procedure of appeal proceedings from those opinions, taking into account the specificity, the nature and purpose of the building object, and the conformity of the adopted solutions with applicable regulations and standards;

4. the mode of appointment and dismissal of the members of the Commission, the manner in which the Commission operates and the examination of the examination, taking into account the need to ensure the proper functioning of the Commission;

(5) the remuneration of the members of the Commission, taking into account the scope of the tasks involved

Chapter 2

Tasks Of The State Labour Inspectorate

Article 10. [ The scope of the State Labour Inspectorate's action] 1. The tasks of the State Labour Inspectorate shall be:

1) supervision and control of compliance with labour laws, in particular regulations and principles of occupational safety and health, provisions concerning employment relationship, remuneration for work and other benefits resulting from employment relationship, working time, leave, the rights of workers related to the parenting, hiring of young people and persons with disabilities;

2) (repealed)

(3) control of the legality of employment, of other gainful employment, of the pursuit of activities and of compliance with the obligation:

(a) (repealed)

(b) to inform the district labour offices of unemployed persons of employment, other gainful employment or activities,

(c) the payment of contributions to the Labour Fund,

(d) making an entry in the register of employment agencies of the activity which is subject to the registration of the entry in that register,

(e) the establishment of employment agencies in accordance with the conditions laid down in the employment promotion and labour market institutions,

(f) pursuit of the activities of the entities referred to in Article 18c of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2016 r. items 645, with late. zm.), in accordance with the terms and conditions set out in Art. 19c, art. 19d, art.19ga and art. 85 (1) 2 of this Act;

4) control of the legality of employment, other gainful employment and the execution of work by foreigners;

5) (repealed)

5a) control of compliance by products intended for use in employers of requirements or control in the scope of creation by the devices of danger, within the meaning of the Act of 13 April 2016. concerning the systems of conformity assessment and market surveillance (Dz. U. Entry 542, 1228 and 1579), with the exclusion of devices subject to control of other competent market surveillance authorities, within the meaning of the Act of 13 April 2016. the systems for conformity assessment and market surveillance, and the conduct of investigations into such products;

6) control of products placed on the market or put into service in terms of their fulfilment of essential or other safety and occupational health and safety requirements, as defined in separate regulations;

6a) supervising the fulfilment by employers of the obligations laid down in art. 35 and Art. 37 par. 5 and 6 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006. on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999 /45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94, as well as Council Directive 76 /769/EEC and Commission Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC (Dz. Urz. EU L 396, 30.12.2006, p. 1, from late. zm.), hereinafter referred to as "Regulation No 1907/2006", in accordance with the separate provisions on the protection of work, within the scope of its competences;

6b) supervision of compliance with the conditions for the use of substances identified by the European Chemicals Agency pursuant to art. 9 ust. 4 of Regulation No 1907/2006, within the scope of its competence;

7) take action to prevent and reduce risks in the working environment, and in particular:

(a) examination of the circumstances and causes of accidents at work and the control of the use of measures to prevent these accidents,

(b) to analyse the causes of occupational diseases and to control the use of measures to prevent such diseases,

(c) initiating research work in the field of observance of labour law, and in particular occupational health and safety,

(d) initiating undertakings in the field of employment protection in individual agriculture,

(e) providing advice to reduce the risks to workers ' lives and health, and to respect labour law,

(f) undertaking preventive and promotional measures aimed at ensuring compliance with labour law;

8) cooperation with environmental authorities as regards the control of compliance by employers with regulations on counteracting threats to the environment;

9. control:

(a) compliance with the health and safety requirements of the work referred to in the Act of 22 June 2001. with micro-organisms and genetically modified organisms (Dz. U. of 2015 items 806 and 2016 items (2003) and specified in permits for the operation of genetic engineering establishments and in accordance with the closed use of genetically modified micro-organisms and in accordance with the closed use of genetically modified organisms, including:

-the marking of a plant of genetic engineering or parts thereof,

-the security measures relating to the category of contained use,

-the devices used in the closed use in respect of the contained category of use specified in the approval of the establishment of the genetic engineering plant and in conformity with the closed use,

(b) kept records concerning the contained use of genetically modified micro-organisms or genetically modified organisms carried out in the plant of genetic engineering, where the dossier contains information relating to the relationship with safety and health at work;

9a) check the records of the workers carrying out the work in specific conditions or of a specific nature as referred to in Article 41 par. 4 point 2 of the Act of 19 December 2008. o retiring retirees (Dz. U. of 2017 items 664);

10) the opinion of draft legislative acts in the field of labour law;

(11) the right to bring actions, and with the consent of the person concerned, to participate in proceedings before the labour court in matters of establishing the existence of a employment relationship;

12. issue and withdrawal of authorisations in the cases referred to in art. 304 5 the Act of 26 June 1974. -Labour Code;

13) (repealed)

14) perform the tasks specified in the Act of 10 June 2016. o the posting of workers in the framework of the provision of services (Dz. U. Entry 868);

14a) provide advice to support the equal treatment of citizens of the Member States of the European Union and the Member States of the European Free Trade Association (EFTA)-parties to the Agreement on the European Economic Area who use the right to free movement of workers, and members of their families in respect of:

(a) access to employment,

(b) conditions of employment and employment, in particular with regard to remuneration, termination of contract, health and safety at work and, in the event of loss of work, return to work or reemployment,

(c) access to social and tax advantages,

(d) the rules for membership of trade unions and the use of active and passive electoral law for the representation of workers, including trade union bodies and workers ' councils,

(e) access to training,

(f) access to housing stock,

(g) access to education, vocational training and vocational training for the children of workers,

(h) aid granted by the employment offices;

15) prosecution of offenses against the rights of the employee specified in the Code of Labour, the offenses referred to in art. 119-123 of the Act of 20 April 2004. the promotion of employment and labour market institutions, as well as other offenses, where such laws constitute and participate in the proceedings as a public prosecutor on such matters;

15a) control of the fulfilment of the obligations referred to in Article 23r ust. 3 and 4 of the Act of 10 April 1997. -Energy law (Dz. U. of 2017 items 220), in the field of liquid fuels in the framework of the exercise of the control referred to in point 1;

(15b) control of the payment of remuneration in the amount resulting from the minimum hourly rate, in accordance with the provisions of the Act of 10 October 2002. with a minimum wage for work (Dz. U. of 2015 items 2008 and 2016 items 1265);

16) the performance of other tasks specified in the Act and specific provisions.

1a. The State Labour Inspectorate shall cooperate with the Minister for Work and the Minister responsible for internal affairs in determining-on the basis of an assessment of the risk of entrustment of work to foreigners without a valid document giving entitlement to stay in the territory of the Republic of Poland-business sectors at the level of the section, according to the Polish Classification of Activities (PKD), with a particular intensity of this phenomenon.

2. In addition to the tasks of the State Labour Inspectorate, supervision and control of the provision of safe and hygienic working conditions should also be carried out:

1) to natural persons performing work on a different basis than the employment relationship and to persons performing an economic activity on their own account in a place designated by the employer or an entrepreneur, a non-employer, for whom such work is provided;

2) by the entities organising work performed by natural persons on a different basis than the employment relationship, in the framework of socially useful work;

3) persons residing in the penal premises and correctional facilities, performing the work, and also the soldiers in the active service, performing the work entrusted to them.

3. The State Labour Inspectorate also supervise and control the provision by the employer of the safe and hygienic conditions of the activities carried out on its premises by students and students who are not employees.

4. The State Labour Inspectorate can take action in conducting research and measurement and analysing the risks caused by harmful and burdensome factors in the workplace.

Article 11. [ Powers of the State Labour Inspectorate's Authorities] The competent authorities of the State Labour Inspectorate shall be entitled, in the event of a finding of a breach of labour law or of the employment legality provisions, to:

1) to order the removal of the identified deficiencies within a set time limit in the event that the infringement concerns the rules and principles of occupational safety and hygiene;

2) injunctions: cessation of works or activities where the breach causes an immediate threat to the life or health of workers or other persons performing the work or carrying out activities; directing to other works of employees or other persons admitted to work contrary to the applicable regulations in the work of unprotected, harmful or dangerous or workers or other persons admitted to work in hazardous work, if such workers or persons do not have adequate qualifications; the orders in these cases shall be subject to immediate execution;

3) to order the cessation of the operation of machinery and equipment in a situation where their operation causes a direct threat to the life or health of the people; whereas the orders in these cases are subject to immediate execution;

4) prohibiting the execution of work or operating in places where the condition of working conditions constitutes a direct threat to the life or health of the people; warrants in these matters shall be subject to immediate execution;

5) order, where it is found that the health and safety at work endangers the life or health of workers or natural persons performing work on a different basis than the employment relationship, including those performing on their own account economic, cessation of activities or activities of a particular nature;

6) to order the determination, within a specified time limit, the circumstances and causes of the accident;

6a) to order the performance of tests and measurements of harmful and burdensome factors in the working environment in case of violation of the mode, methods, nature or frequency of execution of those tests and measurements or the need to determine the performance of work in specific conditions;

7) to order the employer to pay the remuneration due for the work, and also to provide another benefit to the employee; the orders in these cases shall be subject to immediate execution;

8) to refer the occurrence or issue of a command, in the event of a statement of other infringements than those mentioned in points 1 to 7, on their removal, as well as the drawing of consequences in relation to the guilty persons.

Article 11a. [ Records of staff performing work in specific conditions or of a specific nature] The competent authorities of the State Labour Inspectorate shall be entitled to order the employer to put the employee in the records of the employees performing the work in specific conditions or of the specific nature referred to in Article. 41 par. 4 point 2 of the Act of 19 December 2008. of the bridging pensions, the removal of the stock records and the correction of the entry in this register. Article 11b. [ Instruction on the payment of remuneration in the amount resulting from the minimum hourly rate] The competent authorities of the State Labour Inspectorate are entitled to direct the occurrence or issue of a recommendation on payment of remuneration in the amount resulting from the amount of the minimum hourly rate, in accordance with the provisions of the Act of 10 October 2002 the minimum wage for the work. Article 12. [ Application of provisions of the Code of Administrative Procedure] In proceedings before the organs of the State Labour Inspectorate in cases not governed by law or regulations issued on its basis or in specific provisions the provisions of the Act of 14 June 1960 apply. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868, 996, 1579, and 2138). Article 13. [ Entities subject to Control State Labour Inspectorate] The inspection of the State Labour Inspectorate shall be

1) employers-and occupational health and safety at work and the control of the legality of employment also not being employers of the entrepreneur and other organisational units-for whom the work is provided by natural persons, including by persons performing an economic activity on a self-employed basis, irrespective of the basis of the work carried out,

2) entities providing brokering services, personal counseling, professional counselling, and temporary work within the meaning of art. 18 (1) 1 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in respect of the respect of the obligations referred to in Article 10 para. 1 point 3 (a) d and e,

3) the entities referred to in art. 18c of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in respect of compliance with the conditions laid down in the Article. 19c, art. 19d, art. 19ga and art. 85 (1) 2 of this Act,

4) the employer delegating employees on the territory of the Republic of Poland within the scope set out in the Act of 10 June 2016. the posting of workers in the framework of the provision of services,

5) entrepreneurs or other organisational units for which in the course of their business the order is executed or the services are provided by the receiving order or providing the services-in respect of the payment of such the persons of remuneration in the amount resulting from the minimum hourly rate, in accordance with the provisions of the Act of 10 October 2002. with a minimum wage for work

-hereinafter referred to as "controlled entities".

Article 14. [ Entities interacting with the State Labour Inspectorate in the performance of its tasks] 1. State Labour Inspectorate in the performance of tasks interacts with trade unions, employers 'organisations, authorities of the crew's self-government, employees' councils, social labour inspection, public employment services within the meaning of the regulations o promotion of employment and labour market institutions, Plenipotentiary of the Government for Equal Treatment and with state administration bodies, in particular with supervisory authorities and control of working conditions and bodies of the National Tax Administration, As well as with the Police, the Border Guard, the Social Insurance Company, and the authorities of local government.

2. The State Labour Inspectorate shall be entitled to free use of the data collected:

1) in the Central Register of Entities-National Taxpayer Records;

1a) in the VAT register of taxable persons;

2) in the National Official Register of the entities of the national economy (REGON) conducted by the President of the Central Statistical Office;

3) by the Social Insurance Institution on the account of the insured person and the payment of the payer's contributions, referred to respectively in art. 40 and 45 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, as late. zm.), in terms of social insurance, as well as data on accidents at work obtained on the basis of the Act of 30 October 2002. o social insurance in the field of accidents at work and occupational diseases (Dz. U. of 2015 items 1242 and 1442 and from 2016. items 1807, 1948 and 2255);

4) in the General Electronic System of Records of Population (RCI PESEL);

5) in the register of the unemployed;

6) in the National Court Register;

7) in the National Criminal Register.

3. State Labour Inspectorate may, at the request of trade unions, conduct training and instruction and provide assistance in training the social labour inspectors, as well as take measures to improve and improve the effectiveness of the action social work inspection.

4. The State Labour Inspectorate shall have the right-in justified cases-to act to public administration bodies, including the heads of the tax offices and directors of the chambers of the tax administration, as well as the Social Insurance Institution and other the competent bodies to request the information necessary to provide the advice referred to in Article 4. 10 para. 1 point 14a.

5. The subjects referred to in paragraph. 4, they have an obligation to provide the information referred to in this provision within 15 working days from the date of receipt of the request of the State Labour Inspectorate, unless the provision of information by these entities requires prior conduct of the proceedings information or control. The entity shall immediately inform the State Labour Inspectorate of the reasons for the delay.

Article 15. [ Police assistance to ensure control security] In the event of a legitimate need and in order to ensure control security, the Police authorities shall, at the request of the Labour Inspectorate, be required to provide appropriate assistance. Article 16. [ Delegation] The President of the Council of Ministers, by means of a regulation, will determine the modalities and forms of interaction of other supervisory and control bodies with the State Labour Inspectorate on occupational health and safety and the legality of employment, with a view to ensuring that the efficient and effective interaction.

Chapter 3

Scope of action of the State Labour Inspectorate

Article 17. [ State Labour Inspectorate Authorities] The bodies of the State Labour Inspectorate are:

1) The Chief Labour Inspector;

2. a district labour inspectorate;

3) labour inspectors, operating within the territorial characteristics of the district labour inspectorates.

Article 18. [ Main Labour Inspectorate's Tasks] 1. The scope of operation of the Chief Labour Inspector shall be:

1) directing the activities of the Main Inspectorate of Work and district labour inspectors;

2) consideration of appeals against decisions of district labour inspectors;

3) the development of annual and multi-annual action programmes of the State Labour Inspectorate;

4. exercise general supervision of:

(a) the observance of the labour law and the submission to the competent authorities of assessments, opinions and proposals in this field,

(b) the mandates of the offences referred to in Article 4 (1). 17 § 2 of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2016 r. items 1713 and 1948 and of 2017 items 708);

5) the opinion of draft legislative acts on labour law and the initiation of legislative work in this field;

6) initiating projects in the implementation of technical progress in the field of occupational safety and health;

7) presenting applications in matters of teaching and training in the field of occupational health and safety, organizing and conducting the training of labour inspectors and supervision of the activities of the Centre;

8) carrying out publishing and promotional activities in the field of work protection;

9) participation in the work of government commissions investigating accidents at work;

10) the drawing up and submission of the information and reports referred to in paragraph. 3;

(11) giving and withdrawing the powers of the expert on health and safety at work referred to in Article 4 (1) (a) of Regulation (EC) No longer applicable. 9.

2. The Chief Labour Inspectorate shall make available to the Minister responsible for work the aggregated results of inspections and the assessment of compliance with labour law, including the rules on occupational safety and health and the legality of employment.

The General Labour Inspectorate shall be obliged to communicate to the Minister responsible for the work and to the Minister responsible for internal affairs no later than 30 April of the following year, the aggregated results of the checks referred to in Article 3. 10 para. 1 point 4, in the scope of entrusting the work of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland, taking into account the number of inspections carried out in the previous year, and percentage of the participation of entities entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland in each sector referred to in art. 10 para. 1a.

3. The Chief Labour Inspector shall present to the Sejm and the Council of Ministers, no later than 30 June of the following calendar year, information on the activities of the State Labour Inspectorate and an annual report on its activities together with the resulting from that activities of the applications for compliance with labour law and the provisions of the Act of 20 April 2004. on the promotion of employment and labour market institutions within the scope set out in art. 10 para. 1 points 3 and 4, by controlled entities and bodies supervising undertakings or other public or self-government agencies.

4. The annual report referred to in paragraph 1 3, the Chief Labour Inspector shall submit to the Labour Protection Council and shall make public.

5. The Chief Labour Inspector shall perform his tasks with the assistance of the subordinate Labour Inspectorate.

6. The Chief Labour Inspectorate shall act on matters of labour law to the staff of the Chief Labour Inspectorate and the employees supervising or performing the control activities.

7. The Chief Labour Inspector may authorize the district labour inspector to carry out activities in matters of labour law to the employees of the district labour inspectorate supervising or performing the control activities.

Article 19. [ Jobs of the district labour inspector] 1. The scope of operation of the district labour inspector shall be in particular:

1) directing the activities of the district labour inspectorate, supervising the activities of labour inspectors and the coordination of their activities;

2) making division of tasks between labour inspectors taking into account their professional qualifications;

3) approval of the work plans drawn up by the Labour Inspectors;

4. issue of the decisions referred to in Article 11 point 5;

5) consideration of appeals from warrants and other decisions of labour inspectors;

6) keeping the records of employers operating in the area of its territorial jurisdiction;

7) drawing up periodic reports on the activities of the district labour inspectorate;

8) notification to the Marshal of the competent voivodship about the identified cases of violation of the conditions for the pursuit of employment agencies specified in the regulations on promotion of employment and labour market institutions;

(9) the notification of the relevant old age of infringement of employment promotion and labour market institutions by the unemployed person and by a controlled entity.

2. The District Labour Inspectorate shall perform its tasks with the assistance of the district labour inspectorate.

3. The District Labour Inspectorate shall act on labour law matters to the employees of the district labour inspectorate, excluding the employees referred to in art. 18 (1) 6.

Article 20. [ Report drawn up by the District Labour Inspectorate] 1. The District Labour Inspectorate shall draw up an annual report on the activities of the Inspectorate containing an assessment of the state of the observance of labour law, in particular the state of health and safety at work, as well as the rules on the legality of employment circle area.

2. The report referred to in paragraph 2. 1, the district labour inspector shall submit by the last day of February the following calendar year to the Chief Labour Inspectorate and to the competent voivodship and the Marshal of the voivodship.

Chapter 4

Control

Article 21. [ Objective of control proceedings] The purpose of the audit proceedings is to establish the facts concerning the observance of labour law, in particular the rules and rules on health and safety at work, as well as the rules on the legality of employment and the proof of the legality of the work done. findings. Article 22. [ Inspections by Labour Inspectors] 1. The inspections shall be carried out by the Labour Inspectorate, acting within the territorial characteristics of the district labour inspectorates.

2. The Chief Labour Inspector may appoint a Labour Inspector to perform specific control activities and apply legal measures in the area of operation of another district labour inspectorate, as well as outside the territory of the Republic of Poland, where the employment relationship is subject to the Polish labour law.

3. The checks referred to in paragraph 1. 1 and 2, together with the relevant labour inspectorates, may also carry out other employees of the State Labour Inspectorate with the necessary knowledge of the audit, as well as representatives of foreign services and institutions, to the tasks of which protection of the work, on the basis of a imitated authorisation issued by the Chief Labour Inspectorate or the District Labour Inspectorate respectively.

Article 23. [ The powers of the labour inspector in the course of a review procedure] 1. In the course of the control proceedings the labour inspector shall have the right:

1) free access to the premises and premises and premises of the controlled entity;

2) carry out the visual inspection of objects, premises, work stations, machinery and equipment, and the course of technological processes and work;

3) requests from the controlled entity and from all employees or persons who are or have been employed, or who perform or do work on his behalf on a different basis than the employment relationship, including those performing on a self-employed basis economic activities, as well as persons using the services of the employment agency, the written and oral information on matters controlled and the calling and interrogation of those persons in connection with the control carried out;

4) requests for the presentation of documents relating to the construction, conversion or upgrading of, and commissioning of the establishment, technical and technical documentation, technical and technical documentation, results of studies, tests and measurements concerning production, or the other activities of the controlled entity, as well as the supply of samples of raw materials and materials used, manufactured or produced in the course of production, in the quantity necessary to carry out the analyses or studies, where they are related to the carrying out of the control;

5) requests for the submission of personal files and any documents relating to the performance of the work by the employees or the person providing the work on a different basis than the employment relationship;

5a) requests from the employer posting an employee on the territory of the Republic of Poland or of a person acting on his behalf of information, documents or statements on the matters of posting of employees in the territory of the Republic of Poland or from the territory of the Republic Polish, concerning the control referred to in the Act of 10 June 2016. the posting of workers in the framework of the provision of services;

6) familiarize with the decisions issued by other bodies of control and supervision of the working conditions and their implementation;

7. perpetuation of the mileage and visual results referred to in point 2, by means of apparatus and technical means used to perpetuate the image or sound;

8) the execution necessary for the purpose of checking the write-downs or extracts from the documents, as well as the compilations and calculations made on the basis of the documents, and, if necessary, request them from the controlled entity;

9) verification of the identity of persons performing work or staying on the premises of the controlled entity, as well as persons using the services of the employment agency, their interrogations and requests of statements on the legality of employment or conduct other gainful activities;

10) the use of the assistance of experts and specialists and accredited laboratories.

2. If there is a legitimate concern that the provision of information to the inspectorate in matters controlled by the employee or the person referred to in the paragraph is concerned. Article 1 (3), may expose that worker or person to any detriment or allegation due to the provision of that information, the labour inspector may issue a decision on the secrecy of the circumstances in which the identity of the person concerned may be disclosed. a worker or a person, including personal data.

3. In the event of the issue of the order referred to in the paragraph. 2, the circumstances referred to in this provision remain solely for the work of the Labour Inspector. The minutes of the interrogation of an employee or a person may only be made available to the employer in such a way as to prevent the disclosure of the personal data referred 2.

4. In order to maintain the confidentiality of personal data referred to in paragraph. 2, the employer shall be entitled to a complaint within 3 days from the date of service of the order. The complaint to the labour inspector shall be recognised by the competent district labour inspector. The proceedings concerning the complaint shall be made without the participation of the employer and excluding public disclosure.

5. In the event of consideration of the complaint, the minutes of the interrogation of the employee or of the person shall be destroyed; the destruction of the protocol shall be made in the post-control protocol.

6. The Chief Labour Inspector will determine the rules of conduct with the interrogation protocols and other documents referred to in the paragraph. 2-5.

Article 24. [ Authorisation to carry out checks on the trader] 1. Labour inspectors shall be entitled to carry out, without prior notice and at any time of day and night, to check compliance with labour laws, in particular the state of health and safety at work, to check compliance with the provisions concerning the legality of the employment in the field referred to in art. 10 para. In accordance with the provisions of the Law of 10 October 2002, paragraphs 3 and 4 and the control of the payment of remuneration in the amount resulting from the minimum hourly rate, as laid down in the Act of 10 October 2002. the minimum wage for the work.

2. The control shall be carried out after the presentation of a service ID confirming the identity and the powers of the labour inspector or other authorized employee of the State Labour Inspectorate.

3. The entrepreneur's control shall be carried out after the presentation of the official identity card and the authorization to carry it out.

4. The authorisation to carry out checks on an entrepreneur should include the following data:

1) an indication of the legal basis for the inspection;

2. designation of the control authority;

3. the name, business position of the person authorized to carry out the inspection and the number of its official identity card;

4. determination of the scope of the control concerned;

5) the designation of the subject under control;

6) indication of the start date and the expected date of completion of the check;

(7) the signature of the person granting the authorisation, stating his position or function;

8) instructing the controlled entity of its rights and obligations;

(9) the date and place of issue of the authorisation.

5. If the factual circumstances justify the immediate taking of control by the entrepreneur, it may be taken after the presentation of the official ID card. It shall be effected without delay, but not later than 7 days after the date of the inspection, to serve the authorisation to carry out the checks containing the data referred to in paragraph 1. 4.

6. The authority to carry out the checks shall issue the Chief Labour Inspector and his deputy and the district labour inspectorate and their deputy.

7. The District Labour Inspectorate may authorise the superinspectors of the work-the managers of the branches to issue the authorisations referred to in the paragraph. 3 and 5.

Article 25. [ Participation of experts and experts in control] The experts and specialists shall take part in the inspection on the basis of the imitated authorisation issued respectively by the Chief Labour Inspector or the District Labour Inspectorate. Article 26. [ Control Actions] 1. The control shall be carried out at the premises of the controlled entity and in other places where its tasks are carried out or the financial and personnel documents are stored.

2. Individual control activities may also be performed at the premises of the organisational unit of the State Labour Inspectorate.

3. Prior to the inspection, the Labour Inspector shall report his presence to the inspected entity, except where that notification could have an impact on the outcome of the inspection.

4. The labour inspector is authorized to move freely on the premises of the controlled entity without the obligation to obtain a permit and is exempted from the personal review, also in the case, if provided for by the internal rules of procedure of the entity of the controlled.

Article 27. [ Obligations of the controlled entity] The controlled entity is obliged to provide the labour inspectorate with the conditions and means necessary for the inspection to be carried out efficiently and, in particular, to provide the requested documents and materials without delay, to ensure the timely provision of information by the persons, referred to in art. 23 (1) 1 point 3, make the technical equipment available and, where possible, a separate room with the appropriate equipment. Article 28. [ Obligation to show a business card by the Labour Inspectorate] The work inspector shall verify the identity of the person referred to in art. 23 (1) 1 point 9, it shall be required to provide a service card in such a way that the person concerned can read and record his/her personal data. Article 29. [ Entities interoperable with the work inspector in the execution of the control tasks] 1. In the course of carrying out the control activities, the labour inspector shall cooperate with the trade unions, the authorities of the crew's self-government, the staff councils and the social inspection of the work.

2. The cooperation referred to in paragraph 2. 1, shall consist in particular of:

1. the information on the subject matter and the scope of the inspection carried out;

2) analyse the reported comments and insights;

(3) information on the results of the checks and decisions taken;

4) giving advice and information on the scope of labour law.

Article 30. [ Duties of the labour inspector during the exercise of the control activities] When carrying out the inspection activities, the Inspector of Work and the persons referred to in Article 22 par. 3 and art. 25, are required to comply with health and safety regulations, fire regulations and provisions for the protection of classified information. Article 31. [ Audit Log] 1. The audit findings shall be documented, subject to paragraph. 10, in the form of a protocol.

2. The control protocol should contain:

1) the name of the controlled entity in the full version and its address and the number from the national official register of entities of the national economy (REGON) and the tax identification number (NIP);

(2) the name and business position of the labour inspector;

(3) the name of the person representing the controlled entity and the name of the body representing that entity;

4) the date of commencying of the activity by the controlled entity and the date of entry of the position by the person or appointment of the authority referred to in point 3;

5) indication of the days in which the inspection was carried out;

6) information on the implementation of prior decisions and speeches of the bodies of the State Labour Inspectorate and the conclusions, recommendations and decisions of other control bodies and supervision of working conditions;

7) a description of the observed breaches of the law and other information relevant to the results of the inspection;

8) the identity of the identity of the person and the determination of the time, place and cause of the legitimacy;

9. information on the collection of samples of raw materials and of the materials used, produced or produced during production;

10) the content of oral decisions and instructions and information on the dates of their implementation;

11) information on the number and type of advice given in the field of labour law;

(12) specify the annexes to be part of the protocol;

(13) information on the persons in the presence of which the control was carried out;

14) at the request of the controlled entity-mention of information covered by the secret of the company;

15. mention of the lodging or failure to raise objections to the contents of the Protocol and the possible removal of irregularities found before the end of the checks;

16. the date and place of the signature of the minutes by the inspection person and by the person or body representing the controlled entity.

3. The protocol shall be signed by the inspectorate of the control and the person or body representing the controlled entity.

(4) A controlled entity shall have the right to notify, prior to the signature of the minutes of scrutiny, the motivated objections to the findings of the Protocol.

5. Reservations must be made in writing within 7 days from the date of submission of the protocol.

6. In the event of a declaration of objections referred to in paragraph. In the event of a statement of objections, the Member State concerned shall be responsible for the operation of the European Union and the Member State in which it is established.

7. The protocol shall not make amendments, delete or replenishment without discussing them at the end of the protocol, except for the rectification of obvious clerical and accounting errors, which shall be initialled by the Labour Inspectorate, marking the paraphrase of the date of their implementation.

(8) The refusal to sign the minutes by the person or body representing the controlled entity shall not prevent the inspector from applying the relevant legal remedies provided for by the Law.

9. The copy of the audit log of the labour inspector leaves the controlled entity.

(10) In the event of a failure to establish a defect, the result of the check may be documented in the form of an official note, which shall contain a brief description of the facts established at the time of the check.

11. The official note is signed by the Labour Inspector. The provisions of the paragraph 9 shall apply mutatis mutandis.

Article 32. [ Model of service ID and print patterns] 1. The model of official identity card referred to in art. 24 ust. 2 shall determine, by way of ordinance, the Marshal of the Sejm, at the request of the Chief Labour Inspectorate. The Ordinance of the Marshal of the Sejm in this matter shall be subject to an announcement in the Official Journal of the Republic of Poland "Monitor Polski"

2. Patterns of prints used in the control activity of the State Labour Inspectorate shall be determined by the Chief Labour Inspector.

Article 33. [ Legal measures used by the labour inspector as a result of the arrangements made in the course of the inspection] 1. As a result of the arrangements made in the course of the inspection, the competent labour inspector:

1) issue the decisions referred to in art. 11 points 1 to 4 and points 6 to 7 and Articles 6 to 7. 11a;

2) directs the speeches and issues the orders referred to in art. 11 points 8 and art. 11b;

(3) bring actions and give rise to proceedings in the cases referred to in Article 3 (3). 10 para. 1 point 11;

4) take other actions, if the law or the obligation to take them is due to separate provisions.

2. The legal measures referred to in paragraph 2. 1 (1) and (2) concerning the field organisational units of the controlled entity, the Labour Inspectorate shall address to that entity, regardless of its territorial jurisdiction. Where the removal of irregularities found does not require a decision by the employer, and where the danger of life or health of the workers cannot be avoided otherwise, the decisions referred to in Article 4 (1) shall be taken. 34 par. 1, appears to the person directing this entity.

Article 34. [ The decision of the labour inspector] 1. The decisions referred to in art. 11 points 1-7 and art. 11a, shall be issued in writing or an entry in the construction journal.

1a. Decisions referred to in art. 11 points 1 to 4 may be issued on an oral basis.

1b. The commands referred to in art. 11 points 8 and art. 11b, are issued in oral form.

2. The decision issued in written form or constituting an entry in the construction log should contain: designation of the authority of the State Labour Inspectorate, date of issue, designation of the party or parties, establishment of the legal basis, resolution, deadline for removal the shortcomings identified and the exercise of the remedies available to them.

3. In the case of issuing the decision in the form of an entry to the construction journal, a copy or copy of that decision shall constitute an annex to the audit protocol.

4. Decisions and orders referred to in the paragraph. 1a and 1b shall be issued for the disposal of the deficiencies identified during the control of the deficiencies, if they may be removed during the inspection or as soon as they are completed.

5. From the decision of the labour inspector issued in written form or constituting an entry to the construction journal, the controlled entity shall have recourse to the district labour inspector. The appeal shall be lodged within 7 days from the date of receipt of the decision.

6. In the event of appeals against decisions rendered in the cases referred to in art. 11 points 2 to 4, the District Labour Inspectorate may withhold its execution until further notice of the appeal, if the activities undertaken by the controlled undertaking exclude the direct threat to human life or health.

Article 35. [ Obligation to inform the implementation of the decision of the labour inspector] 1. The controlled entity to which the decision referred to in Article 4 is addressed. 11 points 1 to 7 and Article 11 11a, has an obligation to inform the relevant body of the State Labour Inspectorate about its implementation with the expiry of the deadlines set out in the decision.

2. Paragraph Recipe 1 shall apply mutatis mutandis to the decisions and orders referred to in Article 3. 34 par. 4.

Article 36. [ The obligation to notify the date and method of implementation of the checkpoints] 1. The speeches referred to in art. 11 points 8 and art. 11b, should include post-audit findings and their legal basis.

2. The controlled entity or the supervising authority to which the occurrence has been addressed shall be required within the period specified in the speech, not longer than 30 days, notify the relevant authority of the State Labour Inspectorate of the date and manner of the implementation of the audit proposals.

Article 37. [ Violation of the provisions of the Act on employment promotion and labour market institutions] 1. In the event of a finding in the course of the control of the offense of breaching the provisions of the Act of 20 April 2004. on the promotion of employment and labour market institutions within the scope set out in art. 10 para. 1 points 3 and 4, the labour inspector conducts a mandate proceedings or requests the court to punish those responsible for the irregularities found.

2. The labour inspector shall immediately notify the infringement of the provisions of the law to the competent authorities, and in particular:

1) the Social Insurance Institution-the infringement of social security regulations;

2) the Head of the Customs and Treasury Office-the violation of the tax law;

3) Police or Border Guard-violation of regulations on foreigners;

4) starostia-o determined cases of infringement by an unemployed person or by an entity controlled by regulations on employment promotion and labour market institutions.

At the request of the starost, the inspector shall notify him of the results of the audit of the controlled entity.

3. The District Labour Inspectorate shall immediately notify:

1) Marshal of the voivodship o:

(a) infringements of the conditions for the pursuit of employment agencies as laid down in the employment promotion and labour market rules,

b) the results of the audit of the controlled entity-upon the request of the Marshal of the Province;

2) water-o-o determined cases of infringement of the provisions on promotion of employment and labour market institutions related to the employment of foreigners or the entrustment of other gainful employment to them.

Article 37a. [ Waiving of legal remedies] In justified cases, against the employer starting the activity, and if it is not stated:

1) imminent threat to the life or health of workers or other persons performing work,

2) committing a misdemeanor guilty of intentional guilt

-the labour inspector may depart from the application of the legal measures referred to in Article 3. 33, following an oral communication on the means of organising work and receiving a declaration from the subject of a controlled declaration on the date of removal revealed in the course of the review of the deficiencies.

Chapter 5

Employees Of The State Labour Inspectorate

Article 38. [ Employees Of The State Labour Inspection] 1. The employees of the State Labour Inspectorate shall be:

1) The Chief Labour Inspector and his deputy;

2. the district labour inspectors and their deputies;

3. staff performing the control activities;

4) workers employed in other positions.

2. The workers carrying out the control activities shall be the inspectors of the work of the following:

1) the superintendent of work-the manager of the branch;

2) superintendent of work;

3) Senior Labour Inspectorate-Chief Specialist;

4) Senior Labour Inspectorate-Specialist;

5) Senior Labour Inspectorate;

6) the labour inspector;

7) the junior labour inspector.

3. The Chief Labour Inspector and his deputy, the district labour inspectorate and their deputies and appointed employees of the Chief Labour Inspectorate and district labour inspectorates are staff supervising the control activities.

4. The list of employees assigned to supervise the control activities shall be determined by the Chief Labour Inspectorate or the District Labour Inspector accordingly.

Article 39. [ Qualification for supervising or performing control tasks] An employee of the State Labour Inspectorate supervising or performing the control activities may be a person who:

1) has Polish citizenship;

2) has full capacity for legal acts and enjoys full public rights;

3) she was not punished for a deliberate offense or a deliberate treasury crime;

4) holds a master's degree or an equivalent and necessary knowledge of issues falling within the scope of the State Labour Inspectorate and has filed, with the result of a positive, state exam before a committee set up by the Chief Labour Inspectorate;

5) give a guarantee of the proper performance of the duties of official service;

6) has a health status allowing for employment in a specific post.

Article 40. [ Chief Labour Inspector] 1. The Chief Labour Inspector appoints and refers:

1) in the Chief Labour Inspectorate-Director and Deputy Director of the Office of the Chief Labour Inspector, directors and deputy heads of departments, chief accountant, advisers, press spokesperson and section managers;

2) in the district labour inspectorate-deputy district labour inspector, chief accountant, superintendent of work-branch managers, advisers and section managers;

3) in the Centre-the director and his deputies and the chief accountant.

2. Referred from the position referred to in paragraph. 1 and Art. 5 par. 3, which before the appointment to this post was an employee of the State Labour Inspectorate, shall have the right to establish a relationship of work in a position equivalent to the one occupied before the appointment.

3. The relationship of work with the employees mentioned in the mouth. 1 and the staff referred to in Article 1. 5 par. 3, is based on the appointment.

Article 41. [ Appointment and termination of employment relationship with the staff performing the control activities] 1. The relationship of work with the worker performing the control activities shall be made on the basis of the appointment, preceded by the contract of fixation for a fixed term, not longer than 3 years, subject to the paragraph. 4.

2. The workers performing the control activities shall appoint and terminate with them the employment relationship of the Chief Labour Inspector.

3. The appointment is dependent on the completion of the inspectorate's application completed with the submission of the state exam with a positive result before the examination board set up by the Chief Labour Inspector.

4. The Chief Labour Inspector may, in cases of justified qualifications or professional practice, appoint an employee performing the control activities without the prior conclusion of a contract of employment, and without the requirement of a requirement of an inspectorate application.

5. The Chief Labour Inspector will determine the scope and mode of conducting the inspectorate's application and the state examination referred to in art. 39 point 4.

Article 42. [ Form of employment of employees] The staff referred to in Article 38 par. 1 point 4, with the exception of the staff referred to in Article 1 40 par. 1, they shall be employed on the basis of a contract of employment. Article 43. [ Appointment of a staff member] 1. In the appointment of the employee of the State Labour Inspectorate shall submit a written vow of the following content:

"I vow to serve the Polish state, to observe the legal order, to perform the duties of the employee of the State Labour Inspectorate conscientiously, impartially, in accordance with the best knowledge and will".

2. The act of appointment shall include:

1) the employee's name;

2. date of appointment;

3) a business position and an organizational unit;

4) the components and the amount of the remuneration;

5) the working time dimension.

Article 44. [ Obligations of employees] 1. The personnel carrying out the control activities shall be responsible for the conscientious performance of their duties, in particular for the reliable and objective recognition and documentation of the results of the checks and for the observance of the provisions on information protection implicit.

2. The employees referred to in paragraph 2. 1, within the scope of their action shall be independent of any bystander influence and may not participate in the interests of the controlled entities.

3. The employees referred to in paragraph. 1, shall be obliged not to disclose information that the audit is carried out following a complaint, unless the applicant agrees with the written consent.

Article 45. [ Professional Secrecy] 1. The employee of the State Labour Inspectorate is obliged to keep in secret the information he has obtained in connection with the performance of his official duties.

2. The obligation of secrecy shall also be maintained after the establishment of employment.

Article 46. [ Work Request Filing] 1. The employee of the State Labour Inspectorate is obliged to carefully fill in the orders of the superiors.

2. If the official order in the employee's conviction is unlawful, or contains the marks of error, the employee shall submit his objections to the manager; in the case of written confirmation of the order shall be carried out, with subject to paragraph. 3.

3. An employee shall not execute instructions whose execution would constitute a criminal offence or threaten an unripable damage.

Article 47. [ Prohibition of political activity] 1. An employee performing the control activities shall not conduct a political activity.

2. The employee referred to in paragraph 2. 1, applying for the mandate of a Member or a senator shall be granted free leave for the duration of the election campaign.

Article 48. [ Prohibited employees] 1. The employee of the State Labour Inspectorate shall not perform activities that would have fair interest in the State Labour Inspectorate or would be inconsistent with its tasks, and would also be in conflict with the employee's duties or could provoke suspicion of partiality or interest.

2. The employee of the State Labour Inspectorate may not undertake gainful activities without the prior consent of the Chief Labour Inspectorate.

Art. 48a. [ Reimbursement of costs incurred for legal protection] 1. An employee shall be entitled to reimbursement of expenses incurred for legal protection, if the criminal proceedings instituted against him for a criminal offence committed in connection with the performance of a business activity shall be terminated by a final remission statement. in the absence of statutory evidence of a criminal offence or of a criminal offence or an acquittal.

2. Costs in the amount corresponding to the remuneration determined in the separate provisions of the remuneration of one defense counsel shall be reimbursed by the State Labour Inspectorate.

Article 49. [ Periodic Qualification] 1. The worker performing the control activities shall be subject to periodic qualification evaluations at least once every 3 years.

2. The assessment shall be carried out by the manager of the employee and of the contents of the qualification appraisal

3. An employee may appeal against the qualification assessment to the Chief Labour Inspector within 14 days of notification to him of the content of the assessment.

4. The Chief Labour Inspector will determine the term and mode of making periodic qualification evaluations.

Article 50. [ Other work order and transfer to other business position] 1. If need of this need of the office, the employee of the State Labour Inspectorate may be ordered, for a period of up to three months in a calendar year, to perform another work than specified in the instrument of appointment or in the contract of employment, in accordance with his qualifications. During this period, he shall be entitled to a remuneration applicable to his work, but not less than that of the previous one.

2. In the event of the reorganisation of the organisational unit of the State Labour Inspectorate, the worker supervising or performing the control activities may be transferred to another post, corresponding to the qualifications of the employee, if, due to liquidation, the position occupied by the employee is not possible to continue his/her employment in that position. After the transfer, the remuneration is appropriate for the work to be carried out, but for a period of six months not lower than the previous one.

3. If this is necessary due to the specific needs of the State Labour Inspectorate, the worker supervising or performing the control activities may be transferred to another position, corresponding to his qualifications and equivalent in terms of salaries.

4. The employee of the State Labour Inspectorate may, at his application or with his consent, transfer to work in another organizational unit.

5. In justified cases, the worker supervising or performing the control activities may be transferred, for a period of up to six months, to a different business unit, to work in accordance with the qualifications held. During the period of transfer, he shall be entitled to remuneration applicable to his work, but not lower than the previous one. Such transfer shall be admissible only once every two years.

6. A temporary transfer shall be inadmissible, without the consent of the person concerned, to a business unit established in another locality of a pregnant woman or a worker with care for a child aged up to fourteen years, and in accidents, when there are important personal or family reasons for the employee.

Article 51. [ Amounts to be reimbursed to the supervising officer or executing the control activities] 1. An employee who supervises or carries out control activities, business delegated to classes outside the permanent place of work, shall be entitled: reimbursement of travel and accommodation costs and subsistence allowances as specified in the rules issued on the basis of art. 77 5 § 2 of the Labour Code.

2. (repealed)

Article 52. [ Paid health leave] The Chief Labour Inspectorate may grant an employee to the executing or supervising control activities of paid health leave on the basis of a referral for spa treatment or health rehabilitation for a period to be determined in this referral, not exceeding 30 days per calendar year. Article 53. [ Appendix for multi-annual work] 1. The employee of the State Labour Inspectorate shall be entitled to an allowance for many years of work, amounting to 5% of the monthly basic salary after five years of work. This supplement is increased by 1% for each further year of work until 20% of the monthly basic salary is reached.

2. The periods of work entitling them to the allowance for multiannual work shall include all previous completed periods of employment and other proven periods if, by virtue of separate provisions, they are included in the working period from which they depend. labor rights.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents (Dz. U. of 2016 r. items 1721, 1948, 2260 and 2261).

Article 54. [ Jubilee Award] 1. The employees of the State Labour Inspectorate are entitled to the jubilee awards at the following height:

1) after 20 years of work-75% of the monthly salary;

2) after 25 years of work-100% of the monthly salary;

3) after 30 years of work-150% of the monthly salary;

4) after 35 years of work-200% of the monthly salary;

5) after 40 years of work-300% of the monthly salary;

6) after 45 years of work-400% of the monthly salary.

2. The periods of work referred to in paragraph. 1, all previous completed periods of employment and other evidenced periods shall be included if, by virtue of separate provisions, they are included in the working period on which the employment rights depend.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents.

Article 55. [ Assumed Prize Fund] 1. In the State Labour Inspectorate, a target fund of prizes, hereinafter referred to as the "Fund", shall be established, in the amount of 3% of planned personal salaries.

2. The Fund may be increased by the Chief Labour Inspectorate as part of the funds held for remuneration.

3. The amount and the rules for granting individual prizes from the fund shall be determined by the Chief Labour Inspector.

Article 56. [ Nonce briet] 1. The employee of the State Labour Inspectorate for retirement or disability pension shall be entitled to a one-off allowance of one month's salary, and if he has worked at least:

1) ten years-in the amount of a two-month salary;

2) fifteen years-in the amount of a three-month salary;

3) twenty years-in the amount of six months ' salary.

2. To the period of work referred to in paragraph. 1, all previous completed periods of employment and other evidenced periods shall be included if, by virtue of separate provisions, they are included in the working period on which the employment rights depend.

3. The periods of work referred to in paragraph. 2, not including periods of employment within the Communist Party (Polish Workers 'Party and the Polish United Workers' Party), as well as in the state security bodies within the meaning of art. 2 of the Act of 18 October 2006. to disclose information about the documents of the State Security Authorities from the years 1944-1990 and the content of these documents.

4. The right referred to in paragraph 1. 1, shall be calculated as the cash equivalent for holiday leave.

Article 57. [ Staging pension] 1. In the event of termination of the employee of the State Labour Inspectorate, the employment relationship due to the liquidation of the organizational unit or its reorganization preventing further employment of the employee, the employee of the State Labour Inspectorate is entitled to a retirement, if a man has completed sixty years, and a woman is fifty five years old and has the required period of employment.

2. In the event of a solution with the worker supervising or performing the control activities of the employment relationship for the reasons stated:

1) in art. 62 ust. 1 point 3,

2. in Art. 62 ust. 1 point 6, except in the case where the employee refuses to hold the post referred to in that provision,

a worker is entitled to a pension if the man has completed sixty years, and the woman is fifty five years old and has the required period of employment.

3. The provisions of the paragraph. 1 and 2 shall apply to persons born before 1 January 1949.

Article 58. [ Working Time] 1. The working time of the employees of the State Labour Inspectorate shall not exceed 8 hours a day and an average of 40 hours per week in the adopted accounting period of not more than 3 months.

2. In cases justified by the type of work and its organization, the working time schedules may be used, in which an extension of the working time up to 12 hours a day is allowed. However, in these timetables, the working time may not exceed, on average, 40 hours per week, in the adopted accounting period of not more than 3 months.

3. If need of this need of office, the employee of the State Labour Inspectorate may be employed outside of normal working hours, and in exceptional cases also at night and on Sunday and holidays.

4. The employee of the State Labour Inspectorate for work on Sunday shall be entitled to a day off from work in the nearest week, and for work on the holiday another day off.

5. The provisions of the paragraph. 2 and 3 shall not apply to pregnant women and in other cases specified in separate provisions.

6. The provisions of the paragraph. 2 and 3 shall apply to workers who take care of children up to eight years of age, subject to their consent.

Article 59. [ The distribution of working time and its dimension] 1. The working time of the week and its dimension in the individual days of the week shall be determined by the Chief Labour Inspector.

2. The employee of the State Labour Inspectorate for work carried out at the command of the supervisor outside normal working hours is entitled to free time in the same dimension, with the fact that the time free may be, at the request of the employee, granted in the period immediately which precedes or after a holiday.

3. The employees of the State Labour Inspectorate employed in managerial positions shall be entitled to a free time for work outside normal working hours at night and on a Sunday or a holiday.

Article 60. [ Consequences of the temporary arrest of the employee of the State Labour Inspectorate] A staff member of the State Labour Inspectorate shall be suspended, by law, in the exercise of his duties in the event of a temporary arrest until the termination of the employment relationship, unless the employment relationship has previously been resolved. Article 61. [ Reasons for the suspension in the performance of the official duties of the staff performing the control activities] 1. The Chief Labour Inspectorate may suspend in the performance of the duties of a staff member performing the audit activities, if criminal or disciplinary proceedings have been brought against him.

2. The suspension referred to in paragraph 2. 1, it shall not last for more than three months.

3. During the period of suspension referred to in paragraph. 1, the employee retains the right to remuneration and other benefits provided on the basis of the employment relationship.

Article 62. [ Termination of working relationship with an employee of the appointed] 1. A termination of the work relationship with an employee appointed performing the control activities may take place by means of termination in the event of:

1) receipt of a negative assessment of the qualification, confirmed with a negative reassessment, which cannot be made earlier than after the expiry of the three months;

2) the liquidation of the organisational unit of the State Labour Inspectorate or its reorganisation, if it is not possible to transfer the employee to another position in the same unit;

(3) the unfolding loss of the rights required for the performance of the job in the post where it is not possible to propose to the staff member to work in another position corresponding to the qualifications held;

4. the failure to ensure proper discharge of official duties;

5) criminal proceedings going against the employee for a period of more than three months;

6) loss of physical or mental capacity to work in the occupant position, as determined by the judgement of a medical examiner of the Social Insurance Institution, if there is no possibility of employment of the employee in another position, appropriate to his condition health and professional qualifications, or when an employee refuses to go to such a job.

7) (repealed)

2. The period of termination of the employment relationship shall be three months and ends on the last day of the month.

Article 63. [ Cash benefit paid in the event of termination of the employment relationship with the appointed employee] 1. In the event of termination of the employment relationship with the staff appointed performing the control activities, for the reasons set out in the art. 62 ust. In the period between the establishment of employment and the taking up of another job or business, a cash benefit for a period of not more than six months shall be calculated as the cash equivalent for the leave. rest. This benefit shall not be granted to a worker who has acquired the right to a pension.

2. In the case of a period referred to in paragraph 1. The amount of the cash benefit shall be reduced by the amount of the sickness or maternity allowance, the amount of the cash benefit shall be reduced accordingly.

3. The period of collection of the cash benefit referred to in paragraph. 1, including the periods of work required for the acquisition or retention of the employment rights and the periods of employment within the meaning of the provisions on pensions and pensions from the Social Insurance Fund, under the conditions under which the period is counted. the collection of unemployment benefits, as defined in the employment promotion and labour market institutions. From the cash benefit, the State Labour Inspectorate pays a contribution to social insurance in accordance with the rules for the remuneration paid during the course of the employment relationship.

Article 64. [ Termination of the employment relationship without notice with the appointed employee] 1. The application of the work with the employee appointed performing the control activities shall be terminated by the right of termination of his fault without notice, in the event of:

1) a final decision of a criminal measure of deprivation of public rights or a ban on the pursuit of a profession;

2) the final punishment of the Disciplinary Punishment of the expulsion from work in the State Labour Inspectorate;

3) the loss of the privileges required to perform the work in the position occupied.

2. The application of the work with the employee appointed performing the control activities shall be terminated by the right of termination without notice also in the event of loss of Polish citizenship.

3. The relationship of work with the appointed worker performing the control activities can be terminated without notice of his fault in the event of a serious breach of the basic employee duties or the final conviction for a deliberate offence.

4. A termination of the employment relationship without notice with the appointed performing worker may also occur in the event of his absence from work due to a disease lasting more than one year or an isolation due to an infectious disease, and also in case of justified absence for other reasons-after the expiry of the periods provided for in the Article 53 of the Labour Code.

5. In the event of incapacity for work due to the illness referred to in paragraph. 4, the worker supervising or performing the control activities shall retain the right to cash benefits for the period provided for in the provisions on social security benefits in the event of sickness and maternity.

Article 65. [ The form of termination of the employment relationship with the appointed worker] The termination of a work relationship with an employee of the appointed performing audit task may occur:

1) by agreement of the parties;

2) for three months ' notice made by the employee.

Article 66. [ Exemption from duties with respect to the right to remuneration and other benefits] During the period of notice, the staff supervising or carrying out the control activities may be relieved of his duties, in accordance with the right to remuneration and other benefits accruing from the employment relationship. Article 67. [ Protection of employees in terms of termination and termination of employment] The provisions of this Chapter shall be without prejudice to provisions relating to the special protection of workers in respect of termination and termination of employment. Article 68. [ The complaint to the administrative court] From the decision of the Chief Labour Inspector in the cases referred to in art. 61, the appointed staff member shall be entitled to an administrative court. Article 69. [ Application of the provisions of the Labour Code and other provisions of labour law] 1. In matters arising from the employment relationship of the State Labour Inspectorate, not regulated in the Act, the provisions of the Labour Code and other provisions of the labour law shall apply.

2. The scenes of claims from the employment relationship of the State Labour Inspectorate are considered by the Labour Courts, unless the Act provides otherwise.

Article 70. [ Compensation Rules] The Chief Labour Inspectorate will determine the regulations of remuneration, promotion rules and qualification requirements for the education and professional practice of the employees of the State Labour Inspectorate.

Chapter 6

Ordinal and disciplinary responsibility

Article 71. [ Liability of law or disciplinary action for breach of official duties] 1. An employee appointed the State Labour Inspectorate shall bear the responsibility of order or disciplinary action for violation of official duties.

2. The ordinal punishment for the rewinding of a lower weight shall be a reminder.

3. The disciplinary caries shall be:

1. nagana;

2) reprimand with a warning;

3) reprimand with deprivation of the possibility of promotion for up to 2 years to a higher salary group or for a higher position;

4) transfer to a lower position with simultaneous reduction of the basic salary by one category;

5) expulsion from work in the State Labour Inspectorate.

4. In disciplinary matters, they shall adjudicate on the principle of independence:

1) in the first instance-disciplinary committees set up for one or more district labour inspectorates;

2) in the second instance-Appeals of the Disciplinary Board at the Chief Labour Inspectorate.

Article 72. [ Inflated] 1. The Upommentation shall give written notice to the Chief Labour Inspectorate or, under his authority, the district labour inspector.

2. An employee may within 7 days from the exchange of his punishment to the Chief Labour Inspectorate.

3. Non-rejection of the opposition within 14 days from the date of its transfer shall be equivalent to the opposition.

4. An employee who has lodged an objection may, within 14 days of the date of notification of rejection of that objection, request the court of service to waive the application of his or her sentence.

Article 73. [ Disciplinary of disciplinary action] 1. No disciplinary proceedings may be initiated after 3 months from the date of obtaining by the Chief Labour Inspector or the district inspector of the work of the news of the commission; no proceedings may be initiated or the decision to punish after 3 years after committing the scrolment. If the act contains the constituent elements of a criminal offence, the disciplinary limitation shall not take place earlier than provided for in the provisions of the Penal Code.

2. The defender may establish a defender, also from among the employees appointed as the State Labour Inspectorate.

3. A disciplinary procedure may be carried out in the event of an unjustified absence of the employee.

4. The costs of disciplinary proceedings shall be borne by the State Labour Inspectorate.

Article 74. [ Members of the Disciplinary Board] Members of the Disciplinary Board referred to in art. 71 (1) 4, including the President and the Deputy Chairpersons, shall appoint the Chief Labour Inspector for a period of four years from the appointed staff of the State Labour Inspectorate, giving a guarantee of the proper performance of the duties of a member of the Disciplinary Board. Art. 74a. [ Expiry of the term of office of a member of the disciplinary board 1. The term of office of a member of the disciplinary committee shall expire in the event of his death, appeal or termination of the employment relationship.

2. The Chief Labour Inspector cancels a member of the Disciplinary Board, if:

1) he has renounced his membership of the Disciplinary Board;

(2) it has become permanently incapable of carrying out its duties as a result of the disease;

3) he has been convicted by a final judgment of the court for committing a crime;

4) there are other circumstances which indicate that he does not give a guarantee of proper performance of the duties of a member of the disciplinary board.

Article 75. [ Disciplinary spokesperson] 1. The Disciplinary Ombudsman in the State Labour Inspectorate, during the term of the term of office of the Disciplinary Committees, appoints the Chief Labour Inspector.

2. In particularly justified cases, the Chief Labour Inspector may appoint another employee to conduct a disciplinary case.

Article 75a. [ Expiry of the term of office of a disciplinary officer] 1. The term of office of a disciplinary officer shall expire in the event of his death, appeal or termination of the employment relationship.

2. The Chief Labour Inspector cancels a disciplinary spokesperson, if:

(1) he has renounced this function;

(2) it has become permanently incapable of carrying out its duties as a result of the disease;

3) he has been convicted by a final judgment of the court for committing a crime;

4) there are other circumstances which indicate that he does not give the proper exercise of the duties of a disciplinary officer.

Article 76. [ Disciplinary proceedings] The disciplinary procedure shall consist of an investigation and proceedings before disciplinary committees. Article 77. [ Initiation of disciplinary proceedings] 1. The Chief Labour Inspector, in the event of obtaining a message of the violation by the employee of the appointed official duties or the failure to comply with the dignity of the post, shall instruct the Disciplinary Spokesperson to initiate disciplinary proceedings.

2. A disciplinary spokesperson shall be bound by the instructions of the Chief Labour Inspector.

Article 78. [ Initiation of the investigation procedure] 1. A disciplinary officer shall initiate disciplinary proceedings by issuing an order to initiate the procedure, in which he indicates the reasons for the initiation.

2. A copy of the decision shall be served by the blamed and the district labour inspector.

3. In the course of the investigation, the Disciplinary Officer shall take the necessary steps to comprehensively clarify the case, collect and solidite evidence, in particular documents, statements and explanations.

4. A disciplinary spokesperson shall submit to the blamed indictment and accept explanations and conclusions from him and, before the end of the investigation, acquained the case with the evidence gathered on the evidence by drawing up a memo from the proceedings. signed by each other and blamed.

(5) Following the completion of the investigation, a disciplinary officer shall submit to the Chief Labour Inspectorate the materials of the proceedings together with a written request for the remission of disciplinary proceedings or referral to the committee of the proceedings. (a)

Article 79. [ Application for punishing] 1. The Chief Labour Inspector shall instruct the Disciplinary Spokesperson to submit to the Disciplinary Board a request for punishment or issue an order for the remission of disciplinary proceedings; the provision of art. 78 par. 2 shall apply mutatis mutandis.

2. A disciplinary officer shall refer to the disciplinary committee an application for punishment together with the materials of the proceedings, shall serve the blamed copy of the application and inform him of the right to establish the defender, unless the defender was established earlier.

3. The application for punishment should contain:

1) first name, surname, address of residence, name of the organizational unit and business position of the overthrown;

2) the exact determination of the alleged scrolment, with an indication of the place and time of its committing;

3. the proposed disciplinary penalty;

4) justification of the request;

5) a list of evidence and persons called for a trial.

4. Upon receipt of the application of the request for punishment, the blamed and his defender may, within 14 days from the date of his receipt, submit to the Disciplinary Committee applications and present the evidence.

5. If criminal proceedings of the same act which are the subject of disciplinary action have been initiated against the blamed proceedings, a disciplinary officer shall, in the course of the proceedings before the disciplinary committees, be ordered by the disciplinary panel, may suspend disciplinary proceedings until the final date of the criminal proceedings has been completed; the disciplinary officer shall be served by the Disciplinary Officer and the decision of the Disciplinary Board of the Disciplinary Board as well as the disciplinary officer.

Article 80. [ Independence of members of the Disciplinary Board] 1. The disciplinary committee shall decide on the factual and legal matters itself; the committee shall be bound by the final judgment of the court stating the guilt of the guilty party.

2. Members of the disciplinary committee shall be in the field of adjudication of the unfolding.

3. The disciplinary committee shall adjudicate in a three-person adjudicatory panel chaired by the chairman of the committee or one of his alternates.

Article 81. [ Proceedings before the Disciplinary Board] 1. The president of the adjudicatory panel shall set a date for the hearing; he shall manage the notice of the date of the disciplinary officer and the defense counsel, if he has been established, and shall call for a trial of the blamed and, if necessary, witnesses and experts.

2. In the event that a disciplinary spokesman has filed for the decision of the sentence of expulsion from work in the State Labour Inspectorate, and the blamed does not have a defense counsel from the choice, the chairman of the adjudicatory formation shall appoint a defender from among the appointed staff.

3. The summings and notifications referred to in paragraph. 1, should be served no later than 7 days before the date of the hearing.

4. In proceedings before the Disciplinary Board, the Disciplinary Board and its defender shall have the right to acquaze themselves with the file.

5. Participation of a disciplinary spokesperson in the hearing is obligatory.

6. The unjustified absence of the blamed or his defender at the hearing does not hold the case.

Article 82. [ Rozprawa] 1. The hearing shall be directed by the chairman of the adjudicating team.

2. A protocol shall be drawn up from the course of the hearing.

3. The protocol shall include in particular:

1. the indication of the time and place of the hearing and of the persons participating in it;

2) the content of the explanations, statements and conclusions of the participants of the hearing;

3) provisions issued in the course of the hearing;

4. where necessary, the statement of other circumstances relating to the course of the hearing;

5) the signature of the chairman of the adjudicatory panel and the protokolant.

4. The settlement is overt. In justified cases, the adjudicatory panel may exclude the transparency of all or part of the hearing.

5. At the beginning of the hearing, a disciplinary spokesperson shall read the request for punishment, after which the chairman of the adjudicating panel shall pollinate the blame, whether he admits to the commission of the alleged rewinding, and whether and what he intends to provide explanations.

6. The Chair of the adjudicatory panel shall give the cast to his/her voice in order to be heard, and shall, if necessary, hear the witnesses, receive the statements and examine the documents or carry out other evidence.

7. At the hearing, a disciplinary spokesman, the blamed and his defender may make statements, make submissions and present evidence.

8. Dealing of the hearing can take place only for important reasons; the deferral shall be decided by the chairman of the adjudicatory panel.

9. The settlement shall be postponed in the event of failure of the party whose call has not been served, or, in the event of its justified failure to do so.

10. The postponed hearing shall continue to be carried out, unless the composition of the adjudicating team has changed.

(11) The chairman of the adjudicating panel shall give the floor, directly before the hearing, to the disciplinary officer, the defender and the blamed.

Article 83. [ Judgment of the Disciplinary Board] 1. The disciplinary commission, after the trial and the taking of the deliberations, shall issue a ruling on:

1) punishing;

2) acquitted;

(3) remission of the proceedings.

2. The decision to dismiss proceedings the disciplinary committee shall issue when:

1. the property of the committee shall not be blamed;

2) the blamed died;

3) a time limit for the opening of disciplinary proceedings has expired;

4) A disciplinary spokesman at the command of the Chief Labour Inspector withdrew the application for punishment.

3. The decision to dismiss proceedings the disciplinary committee may also issue in an implicit meeting.

4. The narrative is implicit; in the room where the deliberation is held, only the members of the adjudicatory team shall remain, and, if necessary, the protokolant.

5. The ruling shall be decided by a majority of votes. The vote shall take place on a separate basis and on a penalty separately; a member of the adjudicatory panel shall not abstain from the vote.

6. The voted member of the adjudicatory panel, by signing the decision, shall have the right to mark on the ruling its separate sentence. A separate sentence may be given in writing to the case file.

Article 84. [ Ruling on punishing] 1. The disciplinary committee shall measure the punishment given the degree of guilt, social harm and the effects of the rewinding, and the conduct blamed before and after the commission of the rewinding.

2. If the blamed has been guilty of a number of predictions, one penalty shall be made for all the rewinding.

3. The judgment on punish shall contain:

1) the name of the Disciplinary Board, the names of the members of the adjudicatory panel, the disciplinary ombudsman and the protocol, and the date of recognition of the case and the issue of the ruling;

2) first name, surname, address of residence, name of the organizational unit and business position of the overthrown;

3. the precise determination of the alleged scrolment;

4) decision on guilt;

5. the determination of the penalty imposed;

6) instructing the time and mode of appeal;

7) the signatures of the members of the adjudicatory team.

4. The ruling should be announced immediately after the completion of the hearing and the taking of the deliberations.

5. In exceptional cases, the decision may be postponed for a period of not more than 3 days. The chairman of the adjudicatory panel shall notify the parties immediately after the decision to postpone the decision.

6. Following the announcement of the decision, the chairman of the adjudicatory panel shall state the oral reasons for the decision.

7. The judgment requires written justification, which should contain factual findings by indicating what facts the disciplinary committee considered to be proved or unproven, on which in this respect the evidence relied on and why it did not give the faith evidence of the opposite, as well as the circumstances which the disciplinary committee has taken into account in the enforcement of the penalty.

(8) The statement of reasons shall be drawn up by the chairman of the panel; the reasons shall be signed by all members of the panel.

9. The decision in writing, together with the statement of reasons, shall be served on the disciplinary board, the blamed and the defender within 14 days from the day of its announcement or issue in accordance with the procedure laid down in the Article. 83 (1) 3.

Article 85. [ Appeal to the Disciplinary Board Appeals] 1. A disciplinary board shall be referred to the Disciplinary Board of the Disciplinary Board, which shall be referred to the Disciplinary Board and the Disciplinary Board.

2. The appeal shall be made by the Chairman of the Disciplinary Board within 14 days from the date of service of the decision.

3. The President shall issue a decision on the refusal to accept the appeal if it has been lodged after the expiry of the period or by a person not entitled.

4. The President may reinstave the time limit for bringing an appeal, when the overrun occurred due to reasons from the independent party; the request for reinstatement should be submitted within 7 days from the day of cessation of the obstacle. At the same time, an appeal should be lodged.

5. Provisions on refusal of appeal and refusal to restore the time limit for lodging an appeal, indicating the grounds for refusal, shall be served with the person concerned with the instruction of the right and the time limit for lodging the complaint; on the provisions of the the person concerned shall serve as a complaint to the Disciplinary Board of Appeal within 7 days from the date of service of the order.

6. The appeal may be withdrawn until the hearing is commenced in the appeal proceedings. Appeals lodged in favour of an obviate shall not be withdrawn without his or her consent.

Article 86. [ Cancellation of appeal proceedings] 1. Appeal of the Board of Disciplinary Proceedings of the Board of Appeal shall be terminated in the event of:

1) the lodging of an appeal by an unauthorised person;

(2) the unjustified restoration of the time limit for lodging an appeal;

3) effective withdrawal of the appeal.

2. The morals of appeal proceedings may also occur in an implicit meeting.

Article 87. [ Proceedings before the Disciplinary Board Of Appeal] 1. Appeal of the Disciplinary Board after the hearing:

1) maintain the contested decision in force;

2) repeals the ruling in whole or in part and issues a new ruling on the essence;

3) repeal the ruling and refer the case to the Disciplinary Board for reconsideration in another composition;

4) repeal the decision and then remit the proceedings in the cases referred to in art. 83 (1) 2 points 1-3.

2. The Disciplinary Board may give a punishable penalty to the disciplinary board only if the decision has been challenged against the disadvantage of the case.

(3) In proceedings before the Disciplinary Board, the rules of procedure before the Disciplinary Board shall apply mutatis mutandis.

Article 88. [ Appeal of the review of the Disciplinary Board of Appeal] 1. The decision of the Disciplinary Board of the Disciplinary Board and the Chief Labour Inspectorate shall be entitled to an appeal to the competent court of appeal on the basis of the place of residence of the Court of Appeal, the Court of Labour and Social Security.

2. The provisions of the Civil Procedure Code on appeal shall apply to the recognition of the appeal. From the Court of Appeal's decision, the cassation shall not be entitled to.

Article 89. [ Recognition of the disciplinary committee's decision] 1. The decision of the disciplinary committee shall become final in the event of failure to appeal within the time limit, as well as the redemption of the appeal proceedings, and the judgment of the Appeal of the Disciplinary Board in the event of failure to appeal within the time limit to the court.

2. After the decision has been made, the chairman of the disciplinary committee shall send his copy together with the justification of the decision to the blamed and to the General Labour Inspectorate, who shall manage the enforcement of the decision.

3. A copy of the final decision and the reasons shall be included in the personal file of the employee.

Article 90. [ Sanction of penalties and punishment] 1. The disciplinary measures referred to in art. 71 (1) 3 (1) and (2) shall be broken after two years, and the disciplinary penalties referred to in Article 3 shall be imposed. 71 (1) 3 points 3 and 4-three years after the date on which the decision has been legialisated.

2. The reprimand and the warning shall be subject to prior abrogation at the request of the worker being punished. Such a decision shall be taken by the Chief Labour Inspectorate at the earliest one year after the date on which the decision was made, taking into account the worker's impeccable behaviour during that period.

3. In the cases referred to in paragraph. 1 and 2, a copy of the decision, together with the justification, shall be removed from the personal file and the punishment shall be deemed to be non-bovine.

Article 91. [ Application for reopening of disciplinary proceedings] 1. An obviate or a disciplinary spokesperson may apply for the resumption of disciplinary proceedings, if, after the release of the final decision, new facts or evidence emergenously revealed, unknown before the disciplinary committee, and which may have a material impact on the content of the decision

2. The resumption of proceedings for the disadvantage of the blamed can occur only if it turns out that the ruling was given as a result of a criminal offence determined by the final judgment of the court.

3. An application for resumption of proceedings may be submitted within 30 days from the date of disclosure of the circumstances referred to in the paragraph. 1 and 2.

4. The resumption of proceedings after the expiration of the disciplinary statute may take place only in the benefit of the punished.

(5) The resumption of the proceedings shall be held in an implicit meeting in another composition of the disciplinary committee, which has issued a final decision.

6. In order to refuse the resumption of proceedings, issued by a disciplinary board, a complaint shall be granted to the Disciplinary Board of Appeal; the provision of Art. 85 (1) 5 shall apply mutatis mutandis.

7. In order to refuse the resumption of proceedings, issued by the Disciplinary Board Of Appeal, the complaint shall not be granted.

Article 92. [ Application of provisions of the Code of Criminal Procedure] In the proceedings before the Disciplinary Committees referred to in Article 71 (1) 4, in cases not regulated in this chapter, the provisions of the Code of Criminal Procedure shall apply accordingly. Article 93. [ Delegation] The Chief Labour Inspectorate shall determine, by order, the organisation, composition and working mode of the Disciplinary Committees referred to in Article 4. 71 (1) 4 and the working mode of the Disciplinary Officer.

Chapter 7

Amendments to the provisions in force

Article 94. (bypassed)

Article 95. (bypassed)

Article 96. (bypassed)

Article 97. (bypassed)

Article 98. (bypassed)

Article 99. (bypassed)

Article 100. (bypassed)

Article 101. (bypassed)

Article 102. (bypassed)

Article 103. (bypassed)

Chapter 8

Transitional and final provisions

Article 104. [ Preservation of the staff's powers resulting from the existing provisions] The employees of the State Labour Inspectorate retain the rights of workers and the right to exercise or supervise the control activities resulting from the acts on the basis of which their employment relationship arose or on the basis of which they were entitled to exercise their right to exercise their rights. to carry out or supervise control activities, before the date of entry into force of this Law. Article 105. [ Powers and obligations of the State Labour Inspectorate resulting from the provisions of the past] The State Labour Inspectorate acting on the basis of this Act takes over the powers and duties of the State Labour Inspectorate acting on the basis of the Act referred to in art. 115. Article 106. [ Powers and obligations of the Measure acting on the basis of existing provisions] The site acting under this Act takes over the powers and duties of the Training Centre of the State Labour Inspectorate operating on the basis of the Act referred to in art. 115. Article 107. [ Employees of the provincial offices performing the control of the legality of employment] 1. On the day of the entry into force of the Act, the employees of the voivodship offices exercising the control of the legality of employment under the Act mentioned in art. 103, having a higher education, become employees of the State Labour Inspectorate.

2. The existing employer shall be obliged within 7 days from the date of notification of this Act to notify in writing the employees referred to in the paragraph. 1, of the changes to be made in their work relations. Article Recipe 23 1 § 4 of the Labour Code shall apply mutatis mutandis.

3. To the employees referred to in the paragraph. 1, the requirements resulting from the Article shall not apply. 39 (4) in the field of education.

4. The employees referred to in paragraph. 1, before the admissibility of control activities is required to take place, within a period of two years from the date of entry into force of the Act, training on issues falling within the scope of the State Labour Inspectorate completed by the State Examination, of which Article 39 point 4. The training costs shall be borne by the Chief Labour Inspector.

5. The relationship of work with the employee referred to in the mouth. 1 shall expire if it fails to comply with the condition laid down in paragraph 1. 4.

Article 108. [ A way of dealing with the employees of the provincial offices exercising the control of the legality of employment] (1) The existing employer shall, by 1 June 2007, transfer the names of the employees referred to in Article 3 (1) to the list of employees referred to in Article 3. 107 (1) 1. The General Labour Inspectorate.

2. The Minister responsible for public administration shall determine, by means of regulations, the manner and the procedure for dealing with the matters of staff referred to in art. 107 (1) 1, in order to ensure the smooth and efficient execution of the delegated tasks.

Article 109. [ Administrative procedures not completed] 1. In the ongoing proceedings in cases of misconduct, referred to in art. 119-123 of the law referred to in Article 103, in which the public prosecutor was the inspector of the competent voivodship office as of the date of entry into force of the Act the public prosecutor becomes the competent labour inspector.

2. Incomplete administrative proceedings are still pending before the competent district labour inspectorates.

3. The Minister responsible for public administration shall determine, by means of regulations, the manner and mode of taking over the pending judicial and administrative proceedings, in particular the way in which the documentation relating to these proceedings is forwarded, directing it is necessary to ensure the smooth and efficient conduct of the investigations carried out by the competent District Labour Inspectorate.

Article 110. (bypassed) Article 111. [ The health and safety health and safety of health care products on the basis of existing regulations] Appraisers for occupational health and safety at work for which the Chief Labour Inspectorate has been granted the power in accordance with the law referred to in Article 115, they retain those powers after the date of entry into force of this Act. Article 112. [ Application of provisions to date to be initiated] For executions initiated under the law referred to in art. 94, prior to the entry into force of this Act, the provisions of the existing law shall apply. Article 113. [ Application of provisions to be made to disciplinary proceedings] For disciplinary proceedings brought against employees of the State Labour Inspectorate prior to the date of entry into force of this Act the existing provisions apply, however, new provisions should be applied if they are more relative to the perpetrator. Article 114. (bypassed) Article 115. [ Repealed provisions] The Law of 6 March 1981 is repealed. o The State Labour Inspectorate (Dz. U. of 2001. items 1362, with late. zm.). Article 116. [ Entry into force] The Act shall enter into force on 1 July 2007, with the exception of Article 1. 108, which shall enter into force on 1 June 2007.

1) This Act on its regulation implements Directive 2014 /54/EU of the European Parliament and of the Council of 16 April 2014. on measures to facilitate the exercise of the rights conferred on workers in the context of the free movement of workers (Dz. Urz. EU L 128 of 30.04.2014, p. 8).