National Labour Inspectorate with limited competence in controlling the payment of minimal hourly rates
contracts, to which the agency contract regulations apply, has been in force since 1 January 2017. However, the rate does not apply to works contracts and thus a doubt immediately raises whether National Labour Inspectors will be authorised to question the type of the civil-law contract under which work is done. Pursuant to the Chief Labour Inspectorate’s stand of 2 January 2017 (GNP-364/306-4560-23-1/16PE/RP), the National Labour Inspectorate possesses no such an entitlement, so it can only inspect agency contracts and service contracts.
In the same stand of 2 January 2017, the Chief Labour Inspectorate confirmed that the only offence which can be sanctioned by inspectors is the payment of wages lower than the minimal hourly rate. At the same time the head office of the National Labour Inspectorate confirms that it is not an offence to:
• fail to determine the manner of confirming the number of hours services are rendered or the agency contract is performed for in the wording of the contracts,
• fail to keep the record of hours worked under an agency contract in a given month,
• fail to pay remuneration at least once a month despite entering into the contract for a longer period,
• settle the services done in a different form than cash, e.g. in-kind payments or barter, in other words settle “services for services”, which is popular in some industries,
• understate the rate for services done as long as the minimal rate for the said number of hours is paid, for instance pay 13 zl per hour in spite of the fact that the agreed rate was 25 zl per hour,
• fail to pay the remuneration under agency contracts or service contracts on time.