Polish National Labour Inspectorate (PIP) inspection in a transport company - What You need to know?

When and why might a Polish National Labour Inspectorate Inspection Occur?

The National Labour Inspectorate conducts inspections based on precisely defined legal regulations. Transport industry entrepreneurs should thoroughly understand both their rights and obligations during such inspections in order to properly prepare for them and avoid unnecessary complications.

Types of PIP Inspections

The National Labour Inspectorate inspects transport companies both with and without prior notice.

Labour Inspector inspection notification

The first type is an announced inspection, during which the labour inspector checks the entrepreneur but also informs them about the planned visit in advance. The notification can be delivered in several ways:

• By telephone;
• In written form;
• Electronically.

Unannounced PIP inspection in a transport company

The second type is an unannounced inspection, which takes place without prior notification to the company owner by the National Labour Inspectorate. This type of inspection is much more commonly used in practice, especially when there is suspicion of irregularities that require action without warning.

Inspections without notice are often the result of:

• Employee complaints;
• Reports from former employees;
• Trade union interventions;
• Anonymous reports.

It’s worth emphasizing that when a labour inspector controls a given company, they independently make the decision about how to start the inspection, guided primarily by the goals they intend to achieve during the proceedings.

Legal basis for labour inspection

PIP inspection activities are regulated by several key legal acts. The most important is the Act of April 13, 2007, on the National Labour Inspectorate. According to Article 24(1) of this Act, PIP inspectors have the right to conduct inspections without prior notice and at any time of day or night.

Equally important are:

• Provisions of ILO Convention No. 81 concerning labour inspection in industry and commerce;
• The Entrepreneurs’ Law Act.

What is particularly important for transport companies - as entities classified as part of the industrial sector according to ILO Convention No. 81, they are not subject to restrictions on the total number of inspection days in a calendar year.

How long does Polish National Labour Inspectorate's inspection last in a transport company?

The maximum duration of all PIP inspections in one calendar year is strictly defined and depends on the size of the company. According to Article 55 of the Entrepreneurs’ Law Act, it is:

• 12 working days for micro-entrepreneurs (employing fewer than 10 employees);
• 18 working days for small entrepreneurs (employing fewer than 50 employees);
• 24 working days for medium-sized entrepreneurs (employing fewer than 250 employees);
• 48 working days for other entrepreneurs.

However, it should be remembered that National Labour Inspectorate employees do not have to comply with the indicated time limits in two special cases:

1. When workplace inspection is conducted to prevent the commission of a crime or offense;
2. When conducting workplace inspection is justified by an immediate threat to life or health.

Additionally, transport companies covered by ILO Convention No. 81 can be inspected “as often and as thoroughly as necessary to ensure effective application of relevant legal provisions,” which in practice means that National Labour Inspectorate employees do not have to adhere to the previously mentioned time limits.

What does PIP Inspect and how to prepare for Polish National Labour Inspectorate inspection?

Proper preparation for a National Labour Inspectorate inspection in Poland is a key element in minimizing the risk of negative consequences for a transport company. Appropriate actions taken before the inspector’s visit can significantly streamline the inspection process and reduce the likelihood of financial penalties.

Organizing personnel files and payrolls

Employee documentation must be maintained in a transparent and organized manner. Each driver’s personal files should be divided into appropriate sections:

• Part A - documents related to seeking employment;
• Part B - documents concerning the establishment of the employment relationship;
• Part C - documents related to the course of employment;
• Part D - documents related to the termination of employment;
• Part E - documents related to disciplinary or order responsibility.

All documents in personal files should be arranged chronologically and numbered. Each section should contain a list of the documents contained in it. Such organization will significantly streamline the inspector’s work and minimize the risk of overlooking important documents.

Designating a contact person for the Inspector

A good practice that an employer can apply during a PIP inspection is to designate a specific person responsible for contact with the inspector during the inspection. This person should:

• Have comprehensive knowledge about the company’s operations;
• Be authorized to provide information and explanations;
• Know the location of all required documents;
• Be able to efficiently cooperate with National Labour Inspectorate inspectors.

The designated employee will be responsible for timely delivery of requested documents and ensuring the smooth conduct of the inspection, which will help avoid unnecessary delays and misunderstandings.

What must You provide to the Inspector when an Inspection is ongoing?

The employer also has an obligation to provide National Labour Inspectorate inspectors with conditions necessary to conduct the inspection. This means the need to provide:

• All company premises;
• Technical equipment and related documentation;
• A separate room where the inspector can work;
• Protective clothing if required in certain rooms.

Refusing access to premises or documents may be considered as obstructing the activities of the National Labour Inspectorate, which is an offense punishable by a fine.

Cooperation with an external company or lawyer

In the case of an announced PIP inspection, a good practice is also cooperation with a company specializing in labour law for the transport industry, which can bring tangible benefits. External experts can:

• Conduct an internal audit before the PIP inspection;
• Identify potential irregularities and help eliminate them;
• Prepare documents and explanations for PIP inspectors;
• Participate in inspection activities, providing legal support;
• Advise in case of any objections to the inspection protocol.

Professional support during a PIP inspection is particularly valuable for companies operating international routes, where regulations are more complex and often change depending on the country.

If you know that your company is facing an inspection of compliance with labour law provisions, especially if you operate in the transport industry, Evotax specialists will be happy to help! To establish cooperation, contact us, and our team will take care of the rest - both payroll and HR issues, as well as those strictly related to the transport industry!

How does a PIP Inspection proceed in a transport company and what can be its consequences?

National Labour Inspectorate inspections primarily verify employee documentation. However, when this is completed, a protocol is drawn up and decisions are made, which may result in penalties or fines.

Moreover, the labour inspector’s duties require them to notify appropriate authorities if irregularities are detected that violate regulations other than those concerning compliance with labour law.

What are the employer’s rights regarding objections during a PIP inspection? Inspection protocol

After conducting all inspection activities, the labour inspector prepares an inspection protocol - a document that constitutes an official summary of the course and results of the inspection. The protocol is signed by two parties: the labour inspector and the person representing the controlled entity.

It is also worth noting that the entrepreneur has the right to submit substantiated objections to the findings contained in the protocol within 7 days from the date of its presentation. Objections must be submitted in writing, and the inspector is obliged to consider them - if they find them justified, they must make corrections to the content of the protocol after the PIP inspection.

Importantly, the entrepreneur’s refusal to sign the protocol does not prevent the inspector from applying legal measures resulting from the inspection. This is important information because some entrepreneurs mistakenly assume that not signing the document halts further proceedings.

Post-inspection decisions and recommendations

In the event of detecting violations of regulations, the labour inspector may apply various legal measures:

• Decisions ordering the removal of identified deficiencies within a specified period;
• Orders for immediate cessation of work or activities when the violation creates an immediate danger to life or health;
• Orders for payment of wages or other benefits due to employees (subject to immediate execution);
• Recommendations containing proposals to eliminate other identified violations.

Every entrepreneur is obligated to inform the appropriate PIP authority about the method of implementing the issued decision after the expiration of the period indicated in the document. The inspector’s decision can be appealed to the District Labour Inspector within 7 days of receiving it.

Reports to Social Insurance Institution (ZUS), Tax Office, or Police

The labour inspector’s duties also require them to notify appropriate authorities if they detect violations extending beyond the scope of labour law and employment legality during the inspection. In practice, this means that:

• Irregularities in the field of social insurance result in notification to the Social Insurance Institution (ZUS)
• Violations of tax regulations lead to reporting to the Tax Office
• Serious violations of law, such as falsification of documents or malicious and persistent violations of employee rights, may be classified as a crime and reported to law enforcement agencies

In the most serious cases, the entrepreneur may even face imprisonment for up to 3 years, which constitutes not only a legal problem but also serious image consequences for the transport company.

The legal regulations in this area are clear and precise, and their violation often ends with a fine, inspection by the Road Transport Inspection, and in extreme cases even loss of carrier’s license. Therefore, it is so important that a transport company is prepared for PIP inspection and maintains documentation in accordance with applicable regulations.

National Labour Inspectorate Inspection in a Transport Company - Summary

National Labour Inspectorate inspections are an inevitable element of the functioning of a transport enterprise. Company owners must know their rights and obligations related to these inspections to avoid potential penalties. Proper preparation of documentation can significantly reduce the risk of receiving high fines.

Importantly, PIP inspectors have broad control powers - they can analyze documentation from a period of three years back, enter company premises at any time of day or night, and also direct matters to the Social Insurance Institution or Tax Office. All this can bring financial consequences if any negligence is detected. Significantly, the mentioned consequences can be particularly severe, as penalties range from 1,000 PLN to even 30,000 PLN, and the most serious irregularities can lead to criminal liability. A good practice, especially in companies carrying out international transport, is cooperation with a company specializing in labour law for the transport industry.

If you know that your company is facing a labour inspector inspection, Evotax specialists will gladly provide support! Contact us, and our team will take care of the rest - preparing and checking employee documentation or representing your company before control authorities!

Remember that compliance with regulations directly translates into fair treatment of drivers, which affects their satisfaction and long-term cooperation. Companies operating in accordance with the law build a stable position in the market and eliminate unnecessary costs associated with control proceedings.

Transport company and National Labour Inspectorate inspection in Poland - Frequently Asked Questions

Below we have collected the most frequently asked questions about the operation of the National Labour Inspectorate and PIP inspections that we receive and have provided answers to. If there is an issue that concerns you missing among them, we encourage you to contact us! Our specialists will be happy to provide support!

What areas are most frequently inspected by PIP in transport companies?

The Labour Inspection mainly concerns verification of the calculation of benefits for drivers, working time records, payment of social security contributions, and the correctness of terminating employment relationships. PIP inspectors also check employee documentation, remuneration, allowances and lump sums, as well as compliance with health and safety rules.

How long can a workplace inspection by PIP last in the case of a transport company?

How long a PIP inspection lasts depends on the size of the company. For micro-entrepreneurs, it’s a maximum of 12 business days, for small companies - 18 days, for medium-sized companies - 24 days, and for large enterprises - up to 48 business days in a calendar year.

In the case of PIP and transport companies, the limitation on the duration of the inspection does not apply, because enterprises from the transport industry are covered by ILO Convention No. 81, which states that they can be inspected “as often and as thoroughly as necessary to ensure effective application of relevant legal provisions.”

What penalties do labour law and the labour code provide for violations detected during PIP inspection?

Penalties imposed by PIP can range from 1,000 to 30,000 PLN, depending on the type and scale of violations. In case of recidivism or serious deficiencies, the case may be referred to court, and the penalty may be even higher.

How to properly prepare for a PIP inspection?

You should collect and organize the required documentation, including personal files and payrolls. It is worth designating a contact person for the inspector, securing access to premises and equipment, and considering cooperation with an external company or lawyer specializing in labour law.

What happens after the completion of a PIP inspection?

After the inspection, the inspector prepares a protocol to which the entrepreneur can submit objections. Then, the labour inspector’s decision is issued, which may order the removal of deficiencies or impose fines or penalties. In the case of serious violations, the matter may be reported to other authorities, such as the Social Insurance Institution, Tax Office, or Police.