Key Benefits:
ACT
of 24 June 1983
o Social Labour Inspectorship
In the interests of systematic improvement of occupational health and safety, and in order to ensure that the necessary conditions for effective control of compliance with labour law are ensured by the trade unions, the following shall be provided:
Chapter 1
General provisions
Article 1. [ Definition] The social work inspection is a social service performed by employees, aimed at ensuring that the establishments work safe and hygienic working conditions and the protection of the labour rights laid down in the labour law.
Article 2. [ Representation of employees] Social Labour Inspectorate represents the interests of all employees in the workplaces and is directed by the company's affiliate organizations.
Article 3. [ Organizational structure] 1. The social inspection of work in the establishment of work shall create:
1) the establishment of a social work inspector-for the entire work plant,
2) the branch (faculty) of the social labour inspectors-for individual branches (departments),
3) the group of labour inspectors-for the branch offices of branches (faculties).
2. The joint association organizations shall adjust the organization of the social work inspection to the needs resulting from the structure of the work plant.
Chapter 2
Tasks and organisation of the social work inspection
Article 4. [ Inspectors ' powers] Social Labour Inspectorates are entitled:
1) control the condition of buildings, machinery, technical and sanitary facilities and technological processes from the point of view of occupational health and safety,
2) to control the observance of labour law provisions, including provisions of collective agreements and labour regulations, in particular occupational health and safety, the rights of workers related to parenting, young people and persons disability, leave and working time, benefits in respect of accidents at work and occupational diseases,
2a) participate in the control of compliance with the work plant of the environmental regulations,
3) take part in the determination of the circumstances and causes of accidents at work, in accordance with the provisions of labour law,
4) take part in the analysis of the causes of accidents at work, the incidence of occupational diseases and other illnesses brought about by the conditions of the working environment and the control of the use by the work of appropriate preventive measures,
5) participate in the carrying out of social reviews of working conditions,
6) give opinions on plans to improve occupational health and safety conditions and occupational rehabilitation plans and to control the implementation of these plans,
7) take action to promote the active participation of workers in the workplace in the development of appropriate health and safety at work and have an impact on workers ' compliance with the rules and principles of occupational health and safety,
8) carry out other tasks specified in the Act and in specific regulations.
Article 5. [ Inspector Qualification] 1. The Social Labour Inspectorate may be an employee of a given establishment who is a member of a trade union and does not occupy the position of the head of the work plant or the managerial position directly subordinate to the manager of the establishment.
(2) The establishment of trade union organisations may decide that a social worker's inspector may also be an employee of an establishment which is not a member of a trade union.
3. The social work inspector should have the necessary knowledge of issues falling within the scope of the social work inspection. The establishment of a social work inspector should have at least five years of service in the industry to which the plant belongs, and at least two years ' seniority in a given establishment, and a branch or group of social work inspector-at least two years old Internship in this industry and at least one year of work in a given establishment.
Article 6. [ Selection and dismisation of the inspector] 1. Social labour inspectors shall choose and refer to the employees of the establishment of work.
2. Social Labour Inspectors shall be selected for a period of 4 years.
3. Works and branch (departmental) social labour inspectors shall choose:
1) in workplaces or branches (faculties) of up to 300 employees-general meeting of employees of the work plant or branch (faculty),
2) in workplaces or branches (faculties) of more than 300 employees:
(a) the establishment of the social labour inspector-a meeting of branches (faculties) and group social labour inspectors;
(b) the branch (faculty) of the Social Labour Inspectorate-a group meeting of the social labour inspectors.
4. The collaborative social labour inspectors shall select a general meeting of the employees of the branch offices of the branch (faculty).
5. In establishments where no group social labour inspectors are selected, the mode of the social choices of labour inspectors referred to in paragraph shall be selected. Article 3 (2), set out the establishment of trade union organisations.
6. Social elections of labour inspectors shall carry out the establishment of joint trade union organisations on the basis of the election rules adopted by them.
7. In general, national associations may establish framework guidelines for the labour inspectorate's social choices.
Article 7. [ Inspector Cancellation Mode] 1. The social work inspector in the event of failure to fulfil his/her duties may be, in accordance with the rules laid down in Art. 6, cancelled before the expiry of the period referred to in Article 6. 6 para. 2.
2. Appeal, in accordance with paragraph. 1, following the request:
1) the establishment of trade union organisations,
2) at least one fifth of the employees.
3. The social work inspector shall cease to fulfil his/her function also in the event of renunciation of her or her termination of employment.
4. In the cases referred to in paragraph 1. 2 and 3, shall be carried out in addition to the election of the labour inspector.
Chapter 3
Powers and rules of procedure for labour inspectors
Article 8. [ Inspector Powers] 1. The social work inspector shall have the right of access at any time to the premises and equipment of the establishment of work for the performance of the tasks specified in the art. 4.
2. The social worker inspector shall have the right to demand from the head of the establishment and the branch (faculty) and from the staff of information and to show the documents in matters falling within the scope of his activity.
3. [ 1] Perform the activities referred to in paragraph 1. 1 and 2, shall be subject to the provisions on the protection of classified information.
Article 9. [ Statement of irregularities] 1. If it is established that the provisions referred to in Article 4 are not complied with. 4, the social work inspector shall inform the head of the work plant and of the branch (department), while making an appropriate entry in the accounts referred to in Article 4. 12.
2. The head of the work plant and the branch (faculty) shall take a decision on the removal of the identified irregularities and inform the social labour inspector about this.
Article 10. [ Employee Confidential] 1. In the event of a declaration of violation by the employee of the regulations and rules of occupational health and safety, the social work inspector shall draw the attention of the employee to the obligation to comply with these regulations and rules.
2. Where the employee's conduct at the workplace indicates inadequate knowledge of the regulations and principles of occupational health and safety and the inability to perform the work in a safe manner for himself or other employees, social the work inspector shall ask the manager of the relevant organisational cell to temporarily postpone the employee from the job and to familiarise him with the rules and principles of occupational safety and health.
Article 11. [ Conclusions and recommendations] 1. On the basis of the findings of own, divisional (departmental) or group social work inspector, the establishment social work inspector shall issue to the manager of the work plant, in writing, the recommendation of removal within a specified period of time stated deficiencies.
2. In the event of imminent danger that may cause an accident at work, the occupational social worker inspector shall apply to the manager of the work plant to immediately remove this hazard and, in the event of failure to take appropriate action, shall issue, in the case of the recommendation to suspend the work of a technical unit or of the works concerned, notifying them at the same time to the establishment of the association of trade unions.
3. The head of the work plant may lodge an objection from the recommendation of the establishment social work inspector to the competent labour inspector of the State Labour Inspectorate. Objection to the recommendation referred to in paragraph 1. 1, shall be submitted within 7 days from the date of service of the recommendation, and on the recommendation referred to in paragraph 1. 2-immediately.
4. In the event of an objection referred to in paragraph 1. 3, the labour inspector of the State Labour Inspectorate shall issue a decision or take other legal measures provided for in the regulations on the State Labour Inspectorate.
Article 12. [ The Book of Recommendations and Notes] 1. The establishment of the work is obliged to establish a booklet of the recommendations and comments and the branch (departmental) of the notes, intended for the social records of labour inspectors.
2. The books referred to in paragraph. 1, shall be kept in a position to be determined by the head of the establishment and shall make available to the establishment of the works, the authorities of the crew, the authorities of the State Labour Inspectorate and other supervisory and control bodies of the working conditions.
3. The records of the accounts referred to in paragraph. 1, shall have the power of official documents in proceedings before the state authorities.
Article 13. [ Protection of employment] 1. The establishment of the work shall not be able to terminate or terminate the contract of employment with the employee acting as a social worker inspector during the term of the term of office and during the period of the year after its expiry, unless there are reasons justifying the termination of the contract to work without notice. In such a case, the termination of the contract of employment may take place after prior authorisation has been obtained by the competent authority of the establishment of the trade union organization.
2. Paragraph Recipe 1 is without prejudice to art. 40 Labour Code.
3. The establishment of the work shall not be able to terminate an employee acting as the social worker of the work conditions and pay for his disadvantage within the period laid down in the mouth. 1, unless denunciation has become necessary for the reasons referred to in art. 43 Labour Code.
4. The provisions of the paragraph. 1-3 shall apply mutatis mutandis where the employee is employed on the basis of the appointment or cooperative contract of employment.
Article 14. [ Obligations of the establishment] 1. The establishment of the work is obliged to provide the social inspectorate with appropriate conditions for the implementation of their tasks.
2. The costs associated with the activity of the social labour inspection shall be borne by the establishment.
Article 15. [ Remuneration of the inspector] 1. Social labour inspectors should carry out their activities in general outside working hours.
2. In the event of the need to perform their activities during working hours or to participate in deliberations and trainings, the labour inspectors shall retain the right to remuneration.
3. In the event of a significant workload of tasks resulting from the performance of the social function of the labour inspector, the manager of the work plant at the request of the works of the union can set the monthly remuneration flat to the amount not exceeding the salary for 30 hours of work of a person serving the social function of the labour inspector.
4. In particularly justified cases, the head of the establishment, at the request of the establishment of the trade union organisations, may increase the remuneration referred to in paragraph 1. 3, up to an amount not exceeding the salary for 60 hours of work.
5. In workplaces where there is a particular threat to the health and life of workers, and the working conditions require constant social supervision, the head of the work plant, at the request of the establishment of the union organizations, may release for the duration of the service a function of the social responsibility of the labour inspector from the obligation to perform work, while maintaining the right to remuneration.
6. In the case referred to in paragraph. 5, the social worker's social worker retains the right to pay for the duration of his duties as a job occupied on the day of secondment, taking into account changes in the salary which will occur during the period of time Secondment
Article 16. [ Guidelines for activities] 1. In general, national associations may lay down guidelines for the social activities of labour inspectors.
2. Determination of the guidelines referred to in paragraph 1. 1, in relation to the establishments subordinate to the Minister of National Defence or the Minister of the Interior shall be followed in agreement with the competent minister.
Chapter 4
Cooperation of the social labour inspection with the State Labour Inspectorate and other bodies of supervision and control of working conditions
Article 17. [ Interoperability with PIP] The Social Labour Inspectorate shall cooperate with the State Labour Inspectorate and other supervisory and control bodies for working conditions within the scope of the law and guidelines referred to in Article. 16.
Article 18. [ PIP assistance] 1. The State Labour Inspectorate grants the assistance of a social work inspection in the implementation of its tasks, in particular by legal counselling, specialist press and training.
2. Labour Inspectorates of the State Labour Inspectorate carry out audits of the implementation of the recommendations and comments of the social labour inspectors.
Article 19. [ Initiation of proceedings by PIP] At the motivated request of the social labour inspector, agreed with the association of trade union organisations, concerning the health and life risks of workers, the labour inspectorate of the State Labour Inspectorate shall carry out checks and initiate proceedings in cases of misconduct against the rights of the employee.
Article 20. [ Participation in controls] The establishment of the Social Labour Inspectorate shall have the right to participate in the inspections carried out by the Labour Inspectorate of the State Labour Inspectorate and in the summary of the inspection.
Article 21. [ Co-operation with other institutions] The State Sanitary Inspection, the Office of Technical Inspection and other bodies of supervision and control of working conditions shall provide a social inspection of the work of assistance in the performance of its tasks.
Chapter 5
Liability for infringement of the provisions on social labour inspection
Article 22. [ Penal provisions] 1. Who acting on behalf of the work plant violates the provisions of this Act, and in particular prevents the activities of the social work inspector,
be punished by the fine up to 2 500 [ 2] .
2. The same penalty shall be subject to, who does not implement the recommendation of the social labour inspector's establishment.
3. The resignation shall take place on the basis of the application from the labour inspector in the mode specified in Chapter VII of the Code of Conduct on Offense Cases.
Chapter 6
Transitional and final provisions
Article 23. [ First elections] 1. The guidelines for the first elections of the labour inspectors shall be determined by the State Council.
2. Until the terms of the guidelines referred to in art are specified. 16-The Council of State will determine such guidelines.
3. After a period of 3 years from the date of entry into force of this Act, the State Council shall, after consulting the nationwide trade union organizations, evaluate the course of implementation of the Act and shall, if necessary, be followed by an initiative of its amendment.
Article 24. [ Application of provisions of the Act] 1. The provisions of the Act concerning the establishment of trade union organizations shall apply mutatis mutandis to workers ' councils, created on the basis of the provisions of the Act on the employees of the State offices and art. 15 of the Act of 8 October 1982. of trade unions (Journal of Laws No. 32, item. 216).
2. In establishments, where the establishment of the trade union organisations and of the workers ' councils referred to in paragraph 2 are operational. 1, the social inspection of the work shall be guided by the two staff delegations.
Article 25. [ Function Period] Social Labour Inspectorate elected after 31 December 1982 they perform their functions until the new elections.
Article 26. [ Repealed provisions] The Act of 4 February 1950 is repealed. with a social labour inspection (Journal of Laws of 1955) Nr 20, pos. 134 and of 1965 No 13, pos. 91).
Article 27. [ Entry into force] [ 3] The Act comes into force on the day of the announcement.
[ 1] Article 8 (1) 3 in the version set by the Article. 83 of the Act of 5 August 2010. o Conservation of classified information (Journal of Laws No. 182, item. 1228). The amendment entered into force on 2 January 2011.
[ 2] The amount of the fine established on the basis of Article 6 para. 2 of the Act of 10 May 1985. to amend certain provisions of criminal law and the law on misconduct (Dz. U. No 23, pos. 100), art. 5 par. 2 point 1 of the Act of 28 September 1990. to amend certain provisions of criminal law and the law on misconduct (Dz. U. Nr 72, pos. 422), art. 7 ust. 2 point 1 (c) (b) the Act of 28 February 1992. to amend certain provisions of the criminal law, the right of misconduct and about the proceedings in the cases of minors (Dz. U. Nr 24, pos. 101), art. 4 par. 6 of the Act of 7 July 1994. of the denomination of the zloty (Dz. U. Nr. 84, pos. 386), art. 3 para. 1 litas (a) of the Act of 12 July 1995. of the amendment of the Criminal Code, the Code of Criminal Execution and on the increase of the lower and upper limits of fines and allusion in criminal law (Dz. U. Nr. 95, pos. 475).
[ 3] The Act shall enter into force on 30 June 1983.
