How to prepare for new PIP inspections? Golden advice from officials step by step
On July 8, PIP inspectors will go to Poland for inspections under the new rules. They will now have the right to transform flimsy contracts into full-time positions and perform more detailed inspections. How to survive them?
This is what many employees are waiting for, forced by employers to work full-time, but under a civil law contract. From July 8, inspections by National Labor Inspectorate inspectors will look completely different and may result in unpleasant consequences.
The Ministry of Labor has prepared a guide for employers so that they can prepare step by step in advance for the new powers of PIP inspectors. There’s not much time, but it’s worth reading.
The truth will hurt. Inspectors have a simple definition of full-time work
The starting point is that PIP can do more. It can control forms of employment and verify cooperation with contractors. The changes will cover not only civil law contracts, but also B2B relations, outsourcing and the method of keeping employee documentation.
To begin with, it is worth boldly standing up to the truth and first checking the principles of cooperation with the staff. If the work is performed under the employer’s supervision, at a designated place and time, personally and continuously, the employee is undoubtedly entitled to full-time employment. If he works under a different contract, it is ready for PIP.
In such circumstances, the inspection will result in the current contract being transformed into a full-time job, and the employer may be fined up to PLN 60,000. zloty. And here’s some good advice – employers who, within a year from the entry into force of the reform, independently transform civil law contracts into employment contracts, will avoid penalties for earlier replacement of full-time positions with other forms of employment.
Cross-checks with ZUS and KAS. Only consent in documents builds
Keeping your papers in order is essential. Inspectors will request paper documents, but also in electronic form. They can also carry out inspections remotely without the need to visit the company’s headquarters. They will prepare copies, summaries and analyzes from the provided materials. It is better for the documents to be consistent, because inspectors from the National Labor Inspectorate, the Social Insurance Institution (ZUS) and the National Tax Administration (KAS) will exchange information.
They will quickly verify whether the information contained in contracts, reports to the Social Insurance Institution and tax documentation is consistent, especially in terms of remuneration, employment base and work periods.
They will also be happy to take into account employee complaints to the National Labor Inspectorate – and there are plenty of them.
