Instruction notice for the entity inspected by the State Labour Inspector Cover Image

Pouczenie podmiotu kontrolowanego przez państwowego inspektora pracy
Instruction notice for the entity inspected by the State Labour Inspector

Author(s): Łukasz Paroń
Subject(s): Administrative Law, Labour and Social Security Law
Published by: Wydawnictwo Uniwersytetu Wrocławskiego
Keywords: instructions for the controlled entity; State Labour Inspection; control of working conditions;

Summary/Abstract: The State Labour Inspection is a specialised control and supervision body established to assess the rule of law in employment relations. In pursuit of their statutory objectives, the Labour Inspection bodies, i.e. labour inspectors, carry out inspection activities and apply legal measures to revealed irregularities in the form of administrative decisions, addresses, orders, lawsuits to establish an employment relationship, or misdemeanour proceedings. However, the labour inspector has the specific option of waiving legal measures and giving instructions on how the inspected entity can organise its work in accordance with the legal requirements. This action is an alternative form of ending the inspection proceedings, of an optional nature, which is a manifestation of the advisory and instructional activity of the public administration body. The aim of this article is to analyse the instruction as a unique solution, reflecting the audit potential of the State Labour Inspection, with an indication of the strengths and weaknesses of this legal construction, especially as the search for such solutions in labour law has been ongoing for many years. Preventive labour protection in labour relations requires the search for and development of legal solutions that institutionalise this activity, and the instruction presented here is one such solution.

  • Issue Year: 142/2025
  • Issue No: 1
  • Page Range: 163-178
  • Page Count: 16
  • Language: Polish
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