Key Benefits:
REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 20 December 2012
on the mode and manner of carrying out the checks by the authorities authorised to check on the basis of the Act on Professional and Social Rehabilitation and Employment of Persons with Disabilities
On the basis of art. 34 par. 9 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. 1. 2) ) The following shall be managed:
§ 1. The Regulation shall determine the mode and manner of inspections by the authorities authorised to be checked on the basis of Article 4. 6c par. 2 points 1 and 2, art. 22a, art. 25d ust. 1, art. 26a (a) 10, art. 30 par. 3b and Article 34 par. 5 of the Act of 27 August 1997. of professional and social rehabilitation and employment of disabled persons, hereinafter referred to as "the Act".
§ 2. The audit may be carried out as:
1) comprehensive-encompassing all the activities of the controlled entity in carrying out the tasks defined in the Act;
2) problematic-including verification of the implementation of the selected task or group of tasks carried out by the controlled entity;
3) checking-the purpose of which is to make the implementation of the post-control recommendations;
4) ad hoc-whose purpose is to examine the correctness of the operation of the controlled entity on a specific subject arising from the complaint, request or information coming from the means of social communication;
5) periodic-the purpose of which is to examine the fulfilment by the undertakings of the protected work and the establishments of professional activity of the conditions and obligations referred to in art. 28 and art. 29 of the Act.
§ 3. 1. The control shall be carried out on the basis of the authorization to carry out the inspection, hereinafter referred to as the "authorisation", issued in writing by the authority authorized for inspection.
2. The authorisation shall contain:
1) the designation of the authority authorised to control;
2. the date of the authorization;
3. the authorisation number;
4. the names and numbers of the documents proving the identity of the inspection;
5) the name and surname of the team manager referred to in § 5 par. 1;
6. establishment of the legal basis for inspection;
7. the name and address of the controlled entity;
8. the scope of the checks;
9) the place and timing of the inspections;
10) in the case of a reasonable scope of control-an indication of the organizational units of the controlled entity controlled.
3. In the course of carrying out the audit, the authority authorized to check, in justified cases, may change the scope, place and timing of the inspection by issuing a new authorisation.
§ 4. 1. The controversial shall be exempted from participation in the control by the authority authorized for control if:
(1) criminal proceedings have been brought against him by a criminal offence to be prosecuted;
(2) have been found to have an effect on impartiality, in particular if, during the 2 years prior to the authorisation, he was a representative or employee of the controlled entity;
3. the reasons for which the inspection may not be carried out for more than 15 working days;
4) is a witness in the control procedure;
5) is an expert in the control procedure.
2. The head of the controlled entity may request the authority authorised to control the exclusion of the control from the control for the reasons set out in the paragraph. 1 (1) and (2).
3. On the exclusion of the inspection body from the control activities, the authority authorised to control the control shall notify the manager of the controlled entity without delay, without giving reasons for the exclusion.
§ 5. 1. The inspection shall be carried out by a team consisting of at least two controlling, in accordance with the control programme approved by the authority authorized to control before the issuance of the authorization.
2. Audit carried out on the basis of art. 6c par. 2 points 1 and 2 or art. 34 par. 5 of the Act may take place in a single composition.
§ 6. Upon receipt of the authorization, the inspection authority shall immediately carry out the analysis held by the authority authorised to audit the information relating to the controlled subject on the subject matter of the audit, and shall review the previous results. control.
§ 7. At least 7 days prior to the start of the checks referred to in paragraphs 1, 2 and 5 of Paragraph 2, the authority authorised to check shall be notified in writing or in the form of an electronic document to the head of the controlled entity, the scope and the date of the check.
§ 8. Prior to the inspection of the inspection, they shall show the operator of the controlled authorisation and the documents proving the identity of the inspection.
§ 9. 1. Control shall be carried out at the premises of the controlled entity or at the place of business by the controlled entity, in the days and hours of its work.
2. In justified circumstances, the control may be carried out:
1) outside the working hours of the controlled entity or on holidays;
2) in the place and hours of the provision of work by the employees of the controlled entity, in the presence of the manager of that entity;
3) at the premises of the authority authorized to control.
§ 10. (1) If it is necessary to consult with regard to matters under scrutiny, the authority authorised to control it during and after the inspection may ask the expert to issue such an opinion.
2. The appointment of the expert shall be notified to the head of the controlled entity.
3. On the basis of the authorization issued by the authority authorized to control the proficiency may participate in the control activities in the presence of the inspection.
4. The expert shall apply Paragraph 4 (4). 1 points 1, 2 and 4.
§ 11. 1. The Controllers shall make the findings of the facts on the basis of the evidence collected during the audit.
2. Control activities consist of:
1) examination of documents;
2) the request to give testimony and explanations within the prescribed time limit and to accept testimony and explanations;
3) carrying out a visual inspection.
3. Evidence shall be in particular: documents, visual results, written explanations and statements, testimonies of witnesses and opinions of experts.
4. Evidence collected in the course of the inspection shall be stored in such a manner that it is not possible to access them without the consent of the inspection.
§ 12. 1. The head of the controlled entity shall provide the inspection and experts authorized to participate in the inspection of the conditions and means necessary for the smooth conduct of the checks, in particular shall ensure:
1) free admission and moving on the premises of the controlled entity;
2) as far as possible, a self-contained lockable room where this is necessary to carry out checks;
3) a dedicated space for storing documents and secured items.
2. Where the documentation relating to the activities of the controlled entity is carried out or stored outside the seat of the controlled entity, the manager of that entity, at the control request, shall provide access to that documentation in his/her on the premises or in the place of its holding or storage.
3. The manager of the controlled entity confirms the conformity with the original made copies of documents and printouts. In the event of a refusal to confirm compliance with the original copy of the documents and printouts, it shall confirm the verification of the copies and the printout, as shall be made in the audit record.
§ 13. (1) The results of the inspection checks shall be presented in the audit record.
2. The control protocol, subject to § 15 par. 1 and 4, contains:
1) the name of the controlled entity in full wording, its address and the name of the head of the controlled entity, and, where necessary, the names of the managers of the inspected organizational units and the date of entry by them positions;
2. the date of the start and end of the checks, taking into account interruptions in check;
3) forenames and surnames: controlling, employees of the controlled entity involved in control proceedings, as well as persons making confessions or clarifications in the course of the inspection;
4) determination of the place of inspection, the detailed scope of control and the period under control;
5) a description of the factual situation found in the course of the audit, including a description of the established irregularities or infringements of the law, taking into account the causes of the uprising, the extent and effects of these irregularities or infringements, and an indication of the persons responsible for them;
(6) a description of the Annexes forming part of the control protocol;
7) determination of the identified risks for the proper execution of the tasks referred to in the Act;
(8) information on the possibility of raising reasoned objections as to the findings of the audit protocol referred to in Paragraph 15 (1) of the EC-paragraph. 2.
3. The control protocol shall be drawn up in two duplicate copies, one for the controlled entity and for the inspection body.
4. The obvious clerical errors provoking the control, paraphrasing the corrigements.
§ 14. Where no irregularities or infringements have been identified as a result of the checks carried out, an appropriate note shall be made in the audit log.
§ 15. 1. The audit protocol and each page of the protocol shall sign the inspection and the manager of the controlled entity.
2. The manager of the controlled entity may report, prior to the signature of the audit log, motivated reservations as to the findings of the protocol.
3. Reservations shall be notified in writing within 7 days from the date of receipt of the audit protocol.
(4) In the event of a statement of objections, the auditor shall carry out their analyses and, where necessary, take additional checks and, where the reservations are justified, amend or supplement the relevant part of the control protocol.
(5) In the event of failure to take account of the reservations in whole or in part, the auditor shall forward his/her position to the applicant in writing.
(6) Following the signature of the control protocol, no amendment shall be made, subject to paragraph 13 (1). 4.
§ 16. 1. The manager of the controlled entity may refuse to sign the control protocol.
2. The refusal to sign the audit control protocol shall mention the record in the minutes.
3. Refusal of the signature of the control protocol by the person mentioned in the paragraph. 1 shall not prevent the signature of the Protocol from the inspection and implementation of the inspection arrangements.
§ 17. 1. In the event of a finding as a result of checks of irregularities or infringements of the law in respect of the subject of control, the authority authorized to control, immediately after the signature of the control protocol, shall draw up a post-control statement, which it the manager of the controlled entity.
2. If the opinion of the expert referred to in § 10 (1) 1, it is drawn up after the signature of the audit protocol, the authority authorised to control the inspection shall draw up the post-control withdrawal immediately after receipt of the opinion.
3. The audit occurrence shall include an assessment of the activity controlled, resulting from the findings described in the audit protocol, as well as observations and recommendations for the removal of detected irregularities or infringements of the law.
4. If the findings of an examination of irregularities or of a breach of the law indicate the need for the competent national or local authorities to take action, the authority authorised to control the findings shall transmit the findings to those authorities, and inform the supervisor of the controlled entity.
5. The head of the controlled entity, within the time limit set in the post-control occurrence, shall notify the authority authorized to control how the comments are used and to implement the post-control recommendations and the actions taken or the reasons for not taking those actions.
§ 18. The existing provisions shall apply to checks initiated and not completed before the entry into force of this Regulation.
§ 19. The Regulation shall enter into force after 14 days from the date of the announcement. 3)
Minister of Labour and Social Policy: W. Kosiniak-Kamysz
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1) The Minister of Labour and Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 point 2 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).
2) Amendments to the text of the single law have been announced in the Dz. U. of 2011 r. No. 171, item. 1016, Nr 209, poz. 1243 and 1244 and No. 291, pos. 1707 and 2012 items 986 and 1456.
3) This Regulation was preceded by the Regulation of the Minister of Labour and Social Policy of 14 March 2008. on the mode and manner of carrying out the checks by the authorities authorised to check on the basis of the Act on Professional and Social Rehabilitation and Employment of Persons with Disabilities (Dz. U. Nr 53, pos. 323), which is repealed with effect from the date of entry into force of this Regulation on the basis of art. 7 of the Act of 28 June 2012. to amend the Act on Professional and Social Rehabilitation and Employment of Persons with Disabilities and certain other laws (Dz. U. Entry 986).
