Handling PIP and Border Guard Inspections

What Are PIP and Border Guard Inspections Regarding Foreigner Employment?

Both PIP and the Border Guard are authorized to inspect employers hiring foreigners, but their scopes of inspection differ slightly:

• National Labour Inspectorate (PIP): Primarily focuses on working and pay conditions, including the compliance of employment contracts or civil law contracts with labour law provisions and the conditions specified in work permits or declarations, as well as issues related to working time, remuneration, and health and safety (OHS).
• Border Guard (SG): Mainly concentrates on the legality of foreigners’ stay in Poland and their possession of valid documents authorizing them to work (visas, residence cards, work permits, declarations).

These bodies may conduct inspections independently or cooperate on joint inspections. Inspectors have broad powers, including the right to enter company premises, access documentation, and interview employees.

Potential Consequences of Inspections – Why Legal Support is Crucial?

Irregularities detected during an inspection can lead to several negative consequences for the employer:

• Imposition of heavy financial penalties (fines).
• Issuance of administrative orders (e.g., regarding payment of outstanding wages, changes to working conditions).
• Possibility of being entered into the register of entities entrusting illegal work, which may result in losing the right to employ foreigners in the future or losing access to certain public funds.
• In some cases, the risk of criminal liability for company management.
• Negative consequences for the employee (e.g., initiation of return proceedings).
• Disruption of the company’s day-to-day operations and stress for management and employees.

Professional legal support helps understand the risks, defend your rights, and minimize these negative effects.

How Does Our Law Firm Support Employers During Inspections? Our Services

We offer comprehensive support at all stages related to inspections:

• Before the Inspection (Preventive Actions):
  • Conducting audits of the legality of employing foreigners to identify potential risks.
  • Organizing trainings for HR departments and managers on employer obligations.
  • Assistance in implementing correct procedures and preparing required documentation.
• During the Inspection:
  • Direct representation of the employer during inspection activities – our presence and active participation.
  • Ongoing legal advice and responding to inspectors’ actions in real-time.
  • Verification of the scope and legal basis of the inspection and the inspectors’ powers.
  • Assistance in properly providing documents and giving explanations.
  • Ensuring the employer’s rights are respected throughout the inspection.
  • Support during potential interviews of employees by inspectors.
• After the Inspection:
  • Thorough analysis of the post-inspection protocol (inspection report).
  • Assistance in formulating and lodging objections to the protocol if justified.
  • Representing the company in administrative or court proceedings resulting from the inspection (e.g., in penalty proceedings).
  • Advice and assistance in implementing post-inspection recommendations.

Key Elements of Effective Defence During an Inspection

To navigate an inspection as smoothly as possible, it is crucial to:

• Have well-organized and complete employee documentation before the inspection begins.
• Maintain composure and professionalism when interacting with inspectors.
• Be aware of your rights and obligations as an employer.
• Cooperate factually with the inspection bodies, but within the boundaries set by law.
• Quickly seek professional legal advice.

Why Choose Our Law Firm to Handle Inspections?

Our strengths include:

• Specialization and Expertise: In-depth knowledge of immigration law, labour law, and the specific inspection procedures of PIP and the Border Guard.
• Practical Experience: We have represented numerous clients during inspections and in post-inspection proceedings, effectively protecting their interests.
• Risk Minimization Approach: We act proactively to limit potential negative consequences for your company.
• Discretion and Professionalism: We ensure full confidentiality and act with the utmost diligence, protecting your company’s reputation.
• Readiness to Act: We are available to react quickly in the event of an announced or commenced inspection.