Key Benefits:
ACT
of 15 June 2012
about the consequences of entrusting the work of work to foreigners staying against the provisions on the territory of the Republic of Poland 1), 2)
Article 1. [ Regulatory scope] 1. The Act shall specify:
1) sanctions for entities entrusting the performance of work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland;
2) the rules of pursuing claims for remuneration and related benefits by a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland.
2. Whenever the law is referred to as a foreigner, it is understood by this person not being:
1) a citizen of a Member State of the European Union;
2) a citizen of a Member State of the European Free Trade Agreement (EFTA)-the parties to the Agreement on the European Economic Area;
3. a citizen of the Swiss Confederation;
4. a member of the family of foreigners, referred to in points 1 to 3, who shall be attached to or are staying with them.
Article 2. [ Request for presentation of a document entitling to stay on the territory of RP] The entity entrusting the performance of the work to a foreigner is obliged to demand from the foreigner the presentation before the commencation of the work of a valid document entitling to stay in the territory of the Republic
Article 3. [ Storing a copy of a document] The entity entrusting the performance of the work to a foreigner shall be obliged to keep for the entire period of the execution of the work by the foreigner a copy of the document referred to in art. 2.
Article 4. [ Claim for payment of outstanding remuneration] 1. A foreigner residing in the territory of the Republic of Poland without a valid document entitling to the stay entrusted with the performance of the work shall be entitled to a claim for payment of the outstanding remuneration and the associated benefits.
2. In the case of entrusting the performance of work to a foreigner on the basis of employment relationship, with the investigation of the outstanding remuneration and the related benefits, the existence of employment relationship for a period of 3 months shall be presumed, unless the employer or the foreigner will prove a different period of employment.
3. Paragraph Recipe 2 shall apply mutatis mutandis in the event of a decision on the existence of a employment relationship.
4. In the case of entrusting the execution of work to a foreigner on a different basis than the employment relationship, with the investigation of the outstanding remuneration and the related benefits, it is presumed that for the execution of the work entrusted, a remuneration was agreed in the amount of three times the minimum wage for the work, unless the entity entrusting the performance of the work to the foreigner or the foreigner will prove that the remuneration was agreed in a different amount.
Article 5. [ Coverage of costs related to the transfer of the foreigner's overdue receivables] The entity entrusting the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland is obliged to cover the costs associated with the transfer of the foreigner arrears to the state, to which the foreigner has returned or has been expelled.
Article 6. [ Obligations of the contractor] 1. If the entity entrusting the performance of work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland is a subcontractor, the contractor shall be obliged to:
1) payment of the foreigner to the overdue remuneration and associated benefits and to cover the costs associated with the transfer of the foreigner arrears to the country to which the foreigner has returned or has been expelled,
2) the incurring costs of expulsion of the foreigner referred to in art. 96 (1) 3 of the Act of 13 June 2003. o foreigners (Dz. U. of 2011 r. No. 264, pos. 1573 and 2012 items 589)
-if the entity entrusting the performance of the work to a foreigner, which is the subcontractor of the contractor, is insolvent, within the meaning of the provisions for the protection of workers ' claims in the event of the insolvency of the employer, the execution against it will prove to be ineffective or he speaks for this particularly important interest of the foreigner.
2. The Contractor referred to in paragraph 1, shall not be liable within the scope set out in this provision if he demonstrates that he has fulfilled the requirements of due diligence, in particular he informed the subcontractor of the consequences of entrusting the performance of the work to a foreigner residing without a valid a document entitling to stay in the territory of the Republic of Poland and has checked the performance of the obligation to notify the foreigner to social security, provided that such obligation arises from the applicable regulations.
Article 7. [ Solidarity undertaking by contractor and subcontractor] 1. The main contractor and any subcontractor who mediates between the main contractor and the entity entrusting the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland shall be jointly and severally:
1) the payment of the outstanding remuneration and the associated benefits and the coverage of the costs associated with the transfer of outstanding debts to the country to which the foreigner has returned or has been expelled,
2) the incurring costs of expulsion of the foreigner referred to in art. 96 (1) 3 of the Act of 13 June 2003. o foreigners
-if they knew that the entity entrusted the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland, and the entity or contractor referred to in art. 6, it is insolvent within the meaning of the provisions on the protection of workers ' claims in the event of insolvency of the employer, execution against it will prove to be ineffective or it speaks for this particularly important interest of the foreigner.
2. The main contractor and the subcontractor referred to in the paragraph. 1, shall not be liable within the scope set out in this provision if it has fulfilled the due diligence requirements set out in Art. 6 para. 2.
Article 8. [ Regrestive Claims] If the contractor, the main contractor or subcontractor who is mediating between the main contractor and the entity entrusting the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland Polish, fulfilled the benefit referred to in art. 6 para. 1 points 1 and 2 and in Article 7 ust. 1 points 1 and 2, may request his return from the entity entrusting the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland.
Article 9. [ Responsibility for entrusting work to a number of foreigners without a valid document entitling to stay] 1. Who entrusts, at the same time, the performance of the work of many foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland shall be subject to a fine or punishing the restriction of liberty.
2. The same penalty shall be subject to the person entrusting the performance of the work to a minor foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland.
3. The penalty specified in the mouth. 1 is subject to who in connection with the business activity persistently entrusts the performance of work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland.
Article 10. [ Responsibility for entrusting the work to a foreigner residing without a valid document entitling to stay on the territory of the Republic of Poland] 1. Who entrusts the performance of work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland in the conditions of special use shall be punished by imprisonment up to the years 3.
2. The same penalty shall be subject to, who entrusts the performance of work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland, which is the victim of the offence referred to in art. 189a § 1 of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. 1. 3) ).
3. Through the conditions of special use referred to in paragraph. 1, the working conditions of the person or persons entrusted with the exercise of the work in violation of the law shall be understood to have abrogated the dignity of man and grossly different, in particular on grounds of sex, in comparison with the working conditions of persons to whom enforcement is entrusted work in accordance with the law, affecting, in particular, the health or safety of persons performing work.
Article 11. [ Responsibility for the persistent entrustment of the work of a foreigner residing without a valid document entitling to stay on the territory of the Republic of Poland] 1. Who persistently entrusts the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland, in the event that the work is not connected with the conduct by the trustee of the work The economic activity is punishable by fines up to 10 000 PLN.
2. The incitement and aiding of the act referred to in paragraph. 1, they are punishable.
Article 12. [ Punitive measures] 1. In the case of conviction for the offence referred to in art. 9 or Article 10, the court may:
1) the prohibition of access to the measures referred to in Article 5 par. 3 points 1 and 4 of the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. 1. 4) );
2) to plant to the Treasury the amount constituting the equivalent of the public funds referred to in point 1, received during the 12 months prior to the judgment.
2. By waiving the prohibition of access or the obligation to return referred to in paragraph. 1, the court shall determine the measures which are covered by the prohibition or obligation.
3. The ban referred to in paragraph. 1 point 1 shall be given for the period from one year to 5 years; it shall be adjudiced in years.
4. The execution of the measure referred to in paragraph. 1 point 2, leads the head of the tax office competent due to the seat of the court of first instance in the procedure of enforcement proceedings in the administration. In order to implement the measure, the court shall immediately send a copy or extract of the judgment referred to in the paragraph to the enforcement authority. 1 point 2.
Article 13. [ Active grief] He shall not be punished for the offence referred to in art. 9 and Art. 10 and for the offence referred to in Article 10. 11, who, entrusting the performance of the work to a foreigner residing without a valid document entitling to stay in the territory of the Republic of Poland, has fulfilled the following cumulative conditions:
1) fulfilled the obligations referred to in art. 2 and Art. 3, unless he knew that the presented document entitling to stay in the territory of the Republic of Poland was falsified;
2) reported the foreigner, to whom he entrusted the performance of work, to social insurance, as long as such obligation arises from the applicable regulations.
Article 14. [ Procedure mode] Adjudication on the acts referred to in Article 11, shall take place in accordance with the procedure laid down in the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2008 No. 133, item. 848, of late. 1. 5) ). In these cases, the public prosecutor shall be the Border Guard authority carrying out the inspection or the labour inspector.
Article 15. [ Law of the Border Guard] In the Act of 12 October 1990. o Border Guard (Dz. U. of 2011 r. Nr 116, pos. 675, with late. 1. 6) ) the following amendments shall be made:
1) in art. 1 in the mouth. 2 in point 4 of subparagraph (h) the semicolon shall be replaced by a comma and the following point shall be added. and in the following:
" (i) offences referred to in Article 264a of the Penal Code and Article 9 and Art. 10 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769). ';
2. in Art. 9 after the mouth. 1e the paragraph shall be inserted. 1f as follows:
' 1f. The Border Guard, in order to ensure the effectiveness of checks on the legality of the work carried out by foreigners and to entrust the performance of the work to foreigners, may benefit, on the basis of the principles laid down in the Act of 13 October 1998. o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585, as of late. 1. 7) ), from the data collected in the Social Insurance Institution on the account of the insured person and the payment of the payer's contributions, concerning foreigners filed for social insurance and payers entrusting the performance of work to foreigners. ";
3) in art. 9e in the mouth. 1 after point 6a, the following point 6b is added:
' (6b) referred to in Article 264a of the Penal Code and Article 10 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions in the territory of the Republic of Poland, ";
4) in art. 9f in the mouth. 1 after point 2, the following point 2a is added:
" (2a) as defined in Article 264a of the Penal Code and Article 10 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions in the territory of the Republic of Poland, ";
5. in Art. 10d:
(a) paragraphs 21 is replaced by the following
" 21. In case of a finding in the course of the infringement of the infringement of the provisions of the Act of 20 April 2004 on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. 8) ) or the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions in the territory of the Republic of Poland constituting a misdemeanor of the Border Guard authority carrying out the inspection request to the competent district court of the punishment of those responsible for the irregularities found. ',
(b) after paragraph. 23 The paragraph shall be added. 23a as follows:
' 23a. The Head of the Head of the Border Guard shall be obliged to communicate to the Minister responsible for the work and to the Minister responsible for internal affairs, not later than 30 April of the following year, the aggregated results of the checks referred to in the paragraph 1, 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. 4 par. 7 of the Act of 20 April 2004. about promotion of employment and labour market institutions. ".
Article 16. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. 2012 r. items 361, 362 and 596) in Art. 23 in the mouth. 1 after point 55a, the following point 55b is added:
" 55b) due, paid, made or placed at the disposal of payments, benefits and other claims on the titles referred to in art. 12 (1) 1 and Art. 13 points 2, 5 and 7-9 to a foreigner who during the period of the provision of work or exercise in person his activities in the territory of the Republic of Poland did not possess valid, required by the separate provisions, the document entitling to stay on the territory of the Republic of Poland, as well as of the contributions of such receivables in the part financed by the payer of contributions and cash benefits from social insurance paid by the work establishment to the foreigner; '.
Article 17. [ Law on Corporate Income Tax] In the Act of 15 February 1992 o corporate income tax (Dz. U. of 2011 r. No. 74, item. 397, from late. 1. 9) ) in Article 16 in the mouth. 1 after point 57a, the following point 57b is added:
" 57b) due, paid, made or put at the disposal of payments, benefits and other claims on the titles referred to in art. 12 (1) 1 and Art. 13 points 2, 5 and 7-9 of the Law of 26 July 1991. about income tax on natural persons of a foreigner who during the period of the provision of work or exercise in person's activities in the territory of the Republic of Poland did not hold an important, required by separate provisions, the document the entitlement to stay in the territory of the Republic of Poland, as well as the contributions for these receivables in the part financed by the payer's contributions and cash benefits from social security paid by the work establishment ago foreigner; '.
Article 18. [ Law on Social Security System] In the Act of 13 October 1998. o Social Security System (Dz. U. 2009 r. Nr 205, pos. 1585, as of late. 1. 10) ) in Article 50:
(1) (1) 3.
" 3. Data collected in the account of the insured referred to in art. 40, and on the account of the contributor of the contributions referred to in art. 45, may be made available to courts, prosecutors, tax inspection authorities, tax authorities, court bailiers, State Labour Inspectorate, Border Guard, social assistance centres, district assistance centres to the family and the Supervisory Commission Financial, taking into account the provisions on the protection of personal data. ';
(2) (2) 9 is replaced by the following
" 9. Data collected in the accounts referred to in paragraph 3, shall be made available free of charge to courts, prosecutors, tax inspection authorities, tax authorities, State Labour Inspectorate, Border Guard, social assistance centres, district assistance centres and the Financial Supervision Commission, as well as in the the extent necessary for the implementation of family benefits to the mayor, mayor or president of the city. ';
3. the following paragraph shall be inserted. 11-13 as follows:
" 11. Zakład Ubezpieczeń Społecznych provides the Border Guard and the State Labour Inspectorate:
1) a list of the data of the payers who reported in the last quarter to the social security insurance of at least one foreigner-by the end of the last working day of the month following the end of the quarter to which the list relates, and
2) the data of the insured foreigner-within 7 days from the date of receipt of the written request of the Border Guard or the State Labour Inspectorate.
12. The data referred to in paragraph. Article 11 (1) includes:
1) the NIP number;
2) REGON number;
3) PESEL number;
4) code of the type of activity according to the Polish Classification of Activities (PKD);
5) the series and the number of the identity card or passport, if the payer of the contributions was not given the NIP number, REGON or one of them;
6. the abbreviated name;
7. first name and surname;
8. the address of the seat;
9) address for correspondence;
10) address of the place of business;
11) the number of foreigners declared for social insurance;
12) citizenship of a foreigner;
13) title of the foreigner's insurance.
13. The data referred to in paragraph 1. 11 point 2, include:
1) the type, series and number of the identity document;
2) the PESEL number, if it has been given;
3) first and last name, date of birth;
(4) citizenship;
5. sex;
6) address of the check-in;
7. address of residence;
8) address for correspondence;
9) the code of the insurance title;
10) the date of creation of the social security obligation;
11) the date of filing for social insurance;
12) the date of expiry of the social security obligation, the unregistration of the insured from social security;
13) the dimension of working time;
(14) the basis of the pension contributions and the date on which the contribution was paid, in the case of data transferred to the State Labour Inspectorate. '
Article 19. [ Law on the liability of collective entities for acts prohibited under threat of punishment] In the Law of 28 October 2002 the liability of collective entities for acts prohibited under the threat of punishment (Dz. U. 2012 r. items 768) is amended as follows:
1) in art. 9:
(a) in paragraph. 1 after point 2, the following point 2a is added:
" 2a) the prohibition of access to the measures referred to in Article 5 par. 3 points 1 and 4 of the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. 1. 11) ) -in the case of conviction of the person referred to in art. 3, for the offence referred to in art. 9 or Article 10 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769); ',
(b) after paragraph. 2 The following paragraph shall be added. 2a as follows:
' 2a. In the case of conviction of the person referred to in art. 3, for the offence referred to in art. 9 or Article 10 of the Act of 15 June 2012. about the consequences of entrusting the performance of work to foreigners staying against the provisions on the territory of the Republic of Poland, the court may order the Treasury to amount to the equivalent of the public funds referred to in the paragraph. 1 point 2a, received during the 12 months preceding the judgment or the decision referred to in Article 4. ';
2) after art. 15 The following Articles shall be inserted. 15a as follows:
" Art. 15a. Execution of the measure referred to in art. 9 ust. 2a, lead the chief of the tax office competent due to the seat of the court of first instance in the rules of enforcement proceedings in the administration. In order to implement the measure, the court shall immediately after the judgment referred to in Article 4 has been subject to an authorization. 9 ust. 2a, shall send a copy or extract thereof to the enforcement authority. ';
3) in art. 16 in the mouth. 1:
(a) the following point 9a is inserted after point 9:
" 9a) against the family and care referred to in art. 211a of the Penal Code; ',
(b) in point 16, the period shall be replaced by a semicolon and the following point 17 is added:
" (17) referred to in Article 9 and Art. 10 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions on the territory of the Republic of Poland. '.
Article 20. [ The Act on Foreigners] In the Act of 13 June 2003. o foreigners (Dz. U. of 2011 r. No. 264, pos. 1573 and 2012 items 589) is amended as follows:
1) in art. 10 after the mouth. 1 The paragraph shall be added. 1a as follows:
' 1a. In the case of proceedings in the cases of expulsion from the territory of the Republic of Poland in the instruction referred to in paragraph. 1. It shall also include information on the possibility of:
1) the occurrence of the claim against the entity entrusting the performance of the work to the foreigner and the enforcement of the judgment given against such entity, in relation to the outstanding remuneration, also in the case of expulsion from the territory The Republic of Poland;
2. the granting of a residence permit for a period of time marked for the duration of the criminal proceedings rolling against the entity entrusted with the performance of the work in which the foreigner acts as a victim:
(a) by a criminal offence to entrust the performance of a work under the conditions of specific use referred to in Article 10 para. 1 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769),
(b) a minor residing without a valid document entitling him to stay in the territory of the Republic of Poland entrusted with the performance of his work;
3) take other action against the entity entrusting the work of the foreigner, in particular the advice of the competent authorities. ";
2. in Art. 53a in the mouth. 1:
(a) after point 3, the following points 3a and 3b are inserted:
' (3a) is the victim referred to in Article 3 (2). 10 para. 1a point 2,
3b) stays in the territory of the Republic of Poland on the basis of an authorisation granted for the duration of the criminal proceedings pending against the entity entrusting the work of the foreigner, who intends to continue to stay in the territory The Republic of Poland until such time as the outstanding remuneration is received from the entity entrusting the performance of the work or the entity referred to in art. 6 or Article 7 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions on the territory of the Republic of Poland, if it speaks for this particularly important interest of the foreigner, ",
(b) point 4 shall be replaced by
" (4) show that circumstances other than those referred to in points 1 to 3b and/or in Article 4 are observed. 53 (1) 1 ';
3) in art. 53b in the mouth. 1:
(a) the introductory phrase is replaced by
" Foreigner referred to in art. 53 (1) 1 points 1, 2, 7, 9, 13, 14 and 16 to 18 and in Article 1 53a ust. 1 points 1 to 3, 3 (b) and (4), shall be required to have: ',
(b) point 2 shall be replaced by
" (2) a stable and regular source of income sufficient to cover the cost of living for himself and the dependent family members in the cases referred to in Article 3 (2) of the EC Regulation. 53 (1) 1 points 1, 2, 7, 9, 13 and 14 and in Article 53a ust. 1 point 1 (b) (2), (b) and (4); '.
Article 21. [ Public procurement law] In the Act of 29 January 2004. -Public procurement law (Dz. U. of 2010 Nr 113, pos. 759, with late. 1. 12) ) the following amendments shall be made:
1) in art. 24 in the mouth. 1 in point 9, the period shall be replaced by the semicolon and the following points 10 and 11 are added:
" (10) contractors who are natural persons who have been legally convicted of a criminal offence referred to in Article 4. 9 or Article 10 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769)-for a period of 1 year from the date on which the judgment is entitled to be made;
11) contractors who are a public company, a partnership, a limited partnership, a limited joint-stock company or a legal person who, as a partner, a partner, a member of the management board, a complimentary or a member-in-office of the governing body, respectively The law has been convicted of a criminal offence referred to in Article 4. 9 or Article 10 of the Act of 15 June 2012. the consequences of entrusting the performance of work to foreigners staying against the provisions in the territory of the Republic of Poland-for a period of 1 year from the date of the final judgment. ';
2. in Art. 133 (1) 3.
" 3. No Article shall be applied to sector contracts. 24 ust. 1 points 10 and 11, art. 100 para. 2 and Art. 102 (1) 3. '
Article 22. [ Law on the promotion of employment and labour market institutions] In the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. 13) ) the following amendments shall be made:
1) in art. 4 The paragraph shall be added. 7 and 8 as follows:
" 7. Minister competent for the work of the agreement with the Minister responsible for internal affairs:
1) determines-on the basis of the risk assessment of entrusting the performance of work to foreigners staying without a valid document entitling to stay on the territory of the Republic of Poland-the sectors of activity at the section level, according to the Polish Classification Activities (PKD), with particular intensity of entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland;
2. prepares-on the basis of the information provided by the Border Guard and the State Labour Inspectorate-and submits to the European Commission:
a) every year, until 30 June-information on the number of inspections carried out in the previous year in order to entrust the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland and the percentage of the entities entrusting the performance of the work to those foreigners in each of the sectors referred to in point 1,
b) every three years-reports on the implementation of the Act determining the effects of entrusting the work of work to foreigners residing against the provisions on the territory of the Republic of Poland.
8. The ministers responsible for matters of construction, spatial and housing, public finance, economy, science, agriculture, regional development, fisheries, transport, tourism, social security, as appropriate, foreign and health are required to cooperate with the ministers referred to in paragraph. 7, when assessing the risk and determining the sectors of activity of particular intensity of entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland. ';
2. in Art. 18m in point 8, the period shall be replaced by the semicolon and the following point 9 is added:
"9) entrust, on the basis of the provisions on the employment of temporary workers, to perform work of foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland.";
3) after art. 120 shall be inserted in Article 120. 120a as follows:
" Art. 120a. He shall not be punished for the offence referred to in Article 4. 120 (1) 1, consisting in the task of entrusting the execution of work to a foreigner not having a valid visa or other document entitling to stay in the territory of the Republic of Poland, who entrusting the performance of the work to the foreigner, has fulfilled the following conditions:
1) fulfilled the obligations referred to in art. 2 and Art. 3 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769), unless he knew that the presented document entitling to stay in the territory of the Republic of Poland was falsified;
2. notified the foreigner, to whom he has entrusted the work, to social security, in so far as such obligation arises from the applicable provisions. "
Article 23. [ The Act on the State Labour Inspectorate] In the Act of 13 April 2007. o The State Labour Inspectorate (Dz. U. 2012 r. items 404) is amended as follows:
1) in art. 10 after the mouth. 1 The paragraph shall be added. 1a as follows:
' 1a. The State Labour Inspectorate shall cooperate with the Minister responsible for labour 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-sectors of activity at the level of the section, according to the Polish Classification of Activities (PKD), with a particular intensity of this phenomenon. ';
2. in Art. 18 after the mouth. 2 The following paragraph shall be added. 2a as follows:
' 2a. The Chief Labour Inspectorate shall be obliged to communicate to the Minister responsible for the work and 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. '
Article 24. [ Addendum to Personal Records] 1. The entity entrusting the performance of work to a foreigner on the basis of the employment relationship shall be obliged to complete the personal files of the foreigner remaining in employment on the date of entry into force of the Act within 45 days from the date of entry into force of the Act on a copy of the document entitling to stay in the territory of the Republic of Poland of the employed foreigner and the transfer-if necessary-corrections of the declaration of the foreigner to social security.
2. Paragraph Recipe 1 shall apply mutatis mutandis to the entity entrusting the performance of the work to a foreigner on a different basis than the employment relationship.
Article 25. [ Cumulative audit results] 1. The cumulative results of the inspections referred to in art. 10d par. 23a of the Act of 12 October 1990. o Border Guard, and in art. 18 (1) 2a of the Act of 13 April 2007. o The State Labour Inspectorate, for the year 2012, includes an indication of the percentage of the entities entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland, broken down by sections, according to the Polish Classification of Activities (PKD).
2. The cumulative audit results, for the year 2012, are the basis for making the first risk assessment and determining the sectors of activity referred to in art. 4 par. 7 point 1 of the Act of 20 April 2004. on the promotion of employment and labour market institutions.
Article 26. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.
President of the Republic of Poland B. Komorowski
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1) This Act shall be subject to the implementation of the provisions of Directive 2009 /52/EC of 18 June 2009 on the implementation of the provisions of this Act. providing for minimum standards for penalties and measures applicable to employers employing illegally staying third-country nationals (Dz. Urz. EU L 168 of 30.06.2009, p. 24).
2) This Act is amended by the Act of 12 October 1990. o Border Guard, the Act of 26 July 1991. on personal income tax, the Act of 15 February 1992. o Corporate Income Tax, Act of 13 October 1998. the social security scheme, the Act of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment, the Act of 13 June 2003. o Aliens, statute of 29 January 2004 -Public Procurement Law, Act of 20 April 2004. on the promotion of employment and labour market institutions and the Act of 13 April 2007. o The State Labour Inspectorate.
3) The amendments to the said Act were announced in Dz. U. 1997 r. No. 128, pos. 840, 1999 No. 64, pos. 729 i Nr 83, poz. 931, of 2000 Nr 48, poz. 548, Nr 93, poz. 1027 and No. 116, pos. 1216, 2001 Nr 98, pos. 1071, 2003 No. 111, item. 1061, Nr 121, poz. 1142, Nr 179, pos. 1750, Nr 199, pos. 1935 and No. 228, pos. 2255, 2004 Nr 25, pos. 219, Nr 69, poz. 626, Nr 93, poz. 889 i Nr 243, pos. 2426, of 2005 Nr 86, pos. 732, Nr 90, poz. 757, No. 132, pos. 1109, Nr 163, pos. 1363, Nr 178, pos. 1479 i No 180, pos. 1493, 2006 Nr 190, pos. 1409, No. 218, pos. 1592 and No. 226, pos. 1648, 2007 Nr 89, pos. 589, Nr 123, pos. 850, Nr 124, pos. 859 and No. 192, pos. 1378, of 2008 No. 90, item. 560, Nr 122, pos. 782, Nr 171, pos. 1056, Nr 173, pos. 1080 and No. 214, pos. 1344, of 2009 No. 62, item. 504, Nr 63, poz. 533, Nr 166, pos. 1317, Nr 168, pos. 1323, Nr 190, pos. 1474, Nr 201, pos. 1540 and Nr 206, pos. 1589, 2010 No. 7, pos. 46, No 40, pos. 227 and 229, Nr. 98, pos. 625 and 626, No 125, pos. 842, Nr 127, poz. 857, Nr 152, poz. 1018 i 1021, Nr 182, poz. 1228, No. 225, pos. 1474 and No. 240, pos. 1602, of 2011 No 17, pos. 78, Nr 24, poz. 130, Nr 39, pos. 202, Nr 48, poz. 245, Nr 72, poz. 381, Nr. 94, pos. 549, Nr 117, pos. 678, Nr 133, pos. 767, Nr 160, poz. 964, No. 191, pos. 1135, No. 217, pos. 1280, No. 233, pos. 1381 and Nr. 240, pos. 1431 and 2012 items 611.
4) The amendments to the said Act were announced in Dz. U. of 2010 Nr 28, pos. 146, Nr 96, poz. 620, Nr 123, pos. 835, Nr 152, pos. 1020, No. 238, pos. 1578 and No 257, pos. 1726 and 2011 No. 185, item. 1092, Nr 201, pos. 1183, No 234, pos. 1386, Nr. 240, pos. 1429 and No. 291, pos. 1707.
5) Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 214, pos. 1344 and No. 237, pos. 1651, of 2009 No 178, pos. 1375, Nr 190, pos. 1474 i Nr 206, poz. 1589, 2010 No. 182, pos. 1228, No. 197, pos. 1307 and No. 225, pos. 1466 and 2011 Nr 217, pos. 1280, No. 240, pos. 1431 and No 244, pos. 1454.
6) Amendments to the text of the single law have been announced in the Dz. U. of 2011 r. Nr 117, pos. 677, Nr 170, poz. 1015, Nr 171, pos. 1016 and No. 230, pos. 1371 and of 2012 items 627 and 664.
7) Amendments to the text of the single law have been announced in the Dz. U. 2009 r. No. 218, item. 1690, of 2010 Nr 105, pos. 668, Nr 182, poz. 1228, No. 225, pos. 1474, Nr 254, poz. 1700 and No 257, pos. 1725, of 2011 Nr 45, poz. 235, Nr. 75, pos. 398, Nr 138, pos. 808, No. 171, pos. 1016, No. 197, pos. 1170, No 199, pos. 1175, No. 232, pos. 1378 and No. 291, pos. 1706 and 2012 items 611 and 637.
8) Amendments to the text of the single law have been announced in the Dz. U. 2009 r. Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035, Nr 127, pos. 1052, Nr 161, pos. 1278 and No. 219, pos. 1706, 2010 Nr 28, pos. 146, No. 81, pos. 531, No 238, pos. 1578, Nr 239, poz. 1593, No 254, pos. 1700 and No 257, pos. 1725 and 1726, of 2011 Nr 45, poz. 235, No. 106, pos. 622, Nr 171, poz. 1016, Nr 205, poz. 1206 and 1211 and No. 291, pos. 1707 and 2012 items 589 and 637.
9) Amendments to the text of the single law have been announced in the Dz. U. of 2011 r. No. 102, pos. 585, No. 106, pos. 622, Nr 134, pos. 781, Nr 178, pos. 1059, Nr 205, poz. 1202 and No 234, pos. 1389 and 1391 and of 2012 items 362 and 596.
10) Amendments to the text of the single law have been announced in the Dz. U. 2009 r. No. 218, item. 1690, of 2010 Nr 105, pos. 668, Nr 182, poz. 1228, No. 225, pos. 1474, Nr 254, poz. 1700 and No 257, pos. 1725, of 2011 Nr 45, poz. 235, Nr. 75, pos. 398, Nr 138, pos. 808, No. 171, pos. 1016, No. 197, pos. 1170, No 199, pos. 1175, No. 232, pos. 1378 and No. 291, pos. 1706 and 2012 items 611 and 637.
11) The amendments to the said Act were announced in Dz. U. of 2010 Nr 28, pos. 146, Nr 96, poz. 620, Nr 123, pos. 835, Nr 152, pos. 1020, No. 238, pos. 1578 and No 257, pos. 1726 and 2011 No. 185, item. 1092, Nr 201, pos. 1183, No 234, pos. 1386, Nr. 240, pos. 1429 and No. 291, pos. 1707.
12) Amendments to the text of the single law have been announced in the Dz. U. of 2010 No. 161, item. 1078 and No. 182, pos. 1228 and 2011 Nr 5, pos. 13, Nr 28, poz. 143, Nr 87, poz. 484, No. 234, pos. 1386 i Nr 240, poz. 1429.
13) Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654, of 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035, Nr 127, pos. 1052, Nr 161, pos. 1278 and No. 219, pos. 1706, 2010 Nr 28, pos. 146, No. 81, pos. 531, No 238, pos. 1578, Nr 239, poz. 1593, No 254, pos. 1700 and No 257, pos. 1725 and 1726, of 2011 Nr 45, poz. 235, No. 106, pos. 622, Nr 171, poz. 1016, Nr 205, poz. 1206 and 1211 and No. 291, pos. 1707 and 2012 items 589 and 637.
