In an interview during the Economic Forum in Karpacz, the Chief Labor Inspector talked about the planned PIP reform, but also emphasized the scale of change on the Polish labor market. – Poland has become a country where we have foreigners from almost every corner of the world. 150 nationalities work in Poland. This is an unbelievable thing for meas I remember Polish reality 20 years ago. For us, inspectors, this is also a big challenge, because on one of the big buildings we had citizens of 50 countries – he admits.
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Ukrainian citizens play a special role. – We have almost 800 thousand submitted for social insurance. Ukrainian citizens – explains Stanecki. What's more, economists point to the positive impact of this group on the pension system. – Remember that these are Ukrainian citizens who pay social security contributions. Many economists believe that thanks to them our pensions are higher – argues Stanecki.
The scale of illegal employment in Poland
The data presented by the Chief Labor Inspector reveal the disturbing scale of irregularities on the Polish labor market. – Last year, we checked the legality of employment about 40,000. foreigners out of over a million two hundred thousand reported. This is a small scale, but every fifth controlled citizen of a foreigner was illegally employed. Every tenth did not get remuneration or his remuneration was lower than it appeared from the contract. 12 percent Controlled foreigners were not reported or reported to social insurance.
However, problems with legal employment not only apply to foreigners. Stanecki presents data on Polish employees. – That it would not be that this scale of employment illegality applies only to foreigners – last year, when it comes to controls of Polish citizens, at 112 thousand. documents regarding employee employment in terms of legality, 14,600 Polish citizens worked illegally or did work in a manner inconsistent with applicable regulations. This shows that this gray zone and illegal employment applies to both Polish and foreigners – he noted.
Social consent to the gray zone
One of the most disturbing aspects of illegal employment in Poland is social permission to such practices.
What is particularly important, Stanecki emphasizes that the initiative of black work does not always come from employers: “It is not that only employers are bad and only they encourage them to employ in black, Because this initiative often comes out of the other side also. The situation of foreigners, who are often just cheated and lied to, is different. “
Stanecki points to various motivations leading to work in the gray zone: “This gray zone enjoys great social consent, because very often young people tell us that they do not believe in the pension system, they do not want to contribute to it, they prefer to earn more, Because they think they will invest the money they get in their hands better than if they were to postpone it for the future retirement“.
The Chief Labor Inspector also points to other social groups that consciously choose illegal employment: “Many people in Poland want to work illegally. We have a whole group of Alimenciers – unfortunately, many men do not pay maintenance in Poland in Poland. A lot of people also receive benefits, various types of social security grants, social assistance centers and are not interested in legalizing their employment. “
Platform Directive – the upcoming revolution
In addition to the announced great PIP reform, one of the most important changes in Polish labor law will be the implementation of the EU platform directive. Stanecki announces: “Regardless of the work that takes place at the Ministry of Family, Labor and Social Policy, we have an autonomous dialogue – employers and the trade union side are trying to develop a joint solution themselves within the Social Dialogue Council. The project is to be presented next week.”
The Chief Labor Inspector does not hide that the planned changes will be far -reaching: “It will definitely be a revolution, because he will introduce the presumption of employment. Today it is so that the employee must prove to court that he is an employee, and In the case of the platform directive, the employer will have to prove that he is not an employee. This is a sky -high change. “
Stanecki does not accept the platform arguments about the increase in the prices of services: “I have repeatedly met with platform representatives. As I hear such a message that after the implementation of the platform directive, the prices of pizza, food delivery or transport services will increase, I say: it's hard, you have to follow the right. Such an argument that the prices will increase and do not change the right, we don't change the right.”
Exploitation in platform economics?
In the conversation, Stanecki particularly strongly criticizes salaries in platform economics: “Very often people who work through platforms, earn PLN 4-5. If at the meeting a representative of the Platform says that they cannot afford more and that this is an honest rate, then I wish everyone who hears it and does not be indignant to go to work and earn PLN 5. In my opinion, this is in the 21st century a man's exploitation. “
The Chief Labor Inspector points to the legal chaos prevailing in the digital platform sector: “In the case of platforms, we often do not even deal with a mandate contract. We are dealing with a bicycle, car, backpack rental agreement – these are unnamed civil law contracts. One of the platforms advertises that it is honest because it gives contracts. On the one hand, we hear that the inspection will get the right to transform the contracts. civil law, because There are bad mandate contracts, and in the other we have an industry employing half a million people, where we hear: we give you mandate contracts, we are great“.
Stanecki notices the growing legal awareness among platform employees, especially Ukrainian citizens: “Of course, foreigners who do not know Polish law work most often through platforms. Although when it comes to Ukrainian citizens, the number of complaints of them is growing very much and sometimes our lawyers tell me that they are surprised by the level of knowledge of Polish labor law by Ukrainians.”
Work safety – still a serious problem
As the head of the Labor Inspectorate adds, despite the improvement of statistics, safety at the workplace remains one of the key challenges of the Polish labor market. Stanecki presents the latest data: “Unfortunately, we are still dealing with a large number of accidents at work. Although we have repelled their success, because in 2023 68,600 people were injured in accidents, last year 67.2 thousand less. But imagine 67,000 people who go to work and returns without a hand, without a leg, or goes to sick leave.”
The social and economic costs of accidents at work are huge. – This is a huge amount of money that the Polish state loses, because from the first day you get sickness benefit paid by the state. These are rehabilitation benefits, pension, training, or orphans. This is a huge money that we lose as a state – says Stanecki.
In response to these challenges, PIP intensifies control activities. – Last year we spent as many as 232 thousand. decisions in the field of occupational health and safety – this is a huge scale. The emphasis on safety and that there are as few accidents as possible, we will continue to put – assures the Chief Labor Inspector.
Education as a priority of PIP activities
The National Labor Inspectorate under the leadership of Marcin Stanecki has significantly expanded their educational activities. – Since I am the main work inspector, I put a very strong emphasis on educating in addition to the controls. Last year we had a record number of people who we trained for free – 168 thousand. people. We trained employers, pupils, students, employees for free – emphasizes the head of PIP.
Advisory activities are equally extensive. – We gave 926 thousand last year. tips, of which 350,000 Employers for free. Please count 350 thousand Advice times the rate of legal advisor or lawyer who specializes in labor law. We did it for free – informs the Chief Labor Inspector, emphasizing the economic value of this support.
This year, PIP develops advisory activities even more. – This year the number of tips is growing beautifully, because I have increased employment because we are not able to handle everyone. I increased the number of people serving the helpline and introduced a calendar that works great. We mark the term in the calendar that suits us, we call back, mark the subject – explains Stanecki.
Publications prepared by PIP arouse great interest. – We distributed 405 thousand last year. publication. Mobbing publications propagated like hot rolls. In the spring I had to order a reprint because it was missing at conferences. We published a stress book at work, which had an example of a diet, an example of anti -stress exercises, a short survey on burnout – they spread like hot rolls – informs Stanecki.
Stanecki admits that one of the key problems of Polish labor law is its complexity, which is difficult for even people who try to orient themselves in it. Stanecki describes this situation with his own sense of humor: “I never hid it – I often had people who bought the Labor Code and came with a complaint. They say: Lord, I bought a labor code for 9.90, and nothing is written here. Of course, because the labor law is characterized by the fact that we are based on the jurisprudence of the Supreme Court.”
The Chief Labor Inspector compares the Polish situation to American practice: “Literally as it is in American films, where the lawyer goes to court, opens thick volumes and analyzes the case -law. It is the same with us when it comes to labor law. Everything is based on jurisprudence and even if we spend ten zlotys on the Labor Code, we can only put it on the shelf, because we will not find the answers to us.”
