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Unjustified donos to PIP – how should the company respond?

Nieuzasadnione donosy do PIP – jak powinna reagować firma?

Polish transport companies face a large number of inspections by the State Inspection of Labor. However for some months the inspections of this authority are the result of the increase of the so-called. donos of employees – drivers on their

most former, former, employers. What should the company do in the case of unjustified donos? Surprising changes in the labor market - known, who may replace Ukrainians

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Surprising changes in the labor-market – knows, who may replace Ukrainians

Inspections PIP conducted are to ensure compliance with law and safety and hygienic work. These are therefore an essential tool in ensuring fairness and equality. However, in some cases inspections of PIP may be conducted on the basis of unfounded donos. Stands this is especially problematic in cases, when donations are motivated by personal animosities or the willingness to cause harm to the employer, or to the employee.

Controls in the transport

– It can be said, that this is today a plague on transport entrepreneurs. This is resulting mainly from the separation of employers and employees. Mostly these are painful separations in an atmospheric of arguments and mutual criminations. Drivers, wanting to take for wrath on their former employer, write donations to PIP. A State Inspection of Labor has a obligation to respond to reported irregularities. 75% of cases are pure malice, without any justification. 25% of inspections end with detection of different irregularities – confirms Mariusz Frąc, expert for. development of the Polish transport market, president of MaWo Group.

In such situations, PIP conducts an inspection, which can be burdensome and stressful for employees and the employer. Also it interferes with the normal function of the company. In according to the PIP Program of 2022 year, in the last years inspections conducted by inspectors of labor on the basis of complaints constituted over 1/3 of all inspections. Therefore the processing and resolution of complaints remain one of the most frequent tasks.State Inspectorate of Labor. Complaints are submitted to PIP primarily by employees and former employees, but also by people employed on the basis of legal contracts, or by personnel employed on the basis of legal contracts, or by personnel. by persons employed on basis of legal contracts, or without any contract, persons with disabilities, foreigners, as also by professional unions, institutions of state and self-government. The subject of complaints most often are violations of laws of labor, including regulations of safety and hygienic work and legality of employment, affecting directly the person, who claims the complaint. The settlement of the complaint is in particular by giving explanations to the person claiming the complaint, taking the subject of the case in the framework of inspection implemented in accordance with the Program of State Inspection Labor, a also taking a decision on initiating the inspection within the determined timeframe, or also transfer the case to another organizational unit of the State Inspection of Labor, or to another authority proper to consider the case.

– Drivers obviously recognize the issue, that even if nothing happens for their self, that at at least annoys the former employer. And thereby forcing him to bear the costs associated with such control, a may at an opportunity the inspector of inspection PIP will find anything and the former boss will get a mandate – comments Mariusz Frąc.

What rights does the employer have?

In the event that a inspection is conducted by PIP on the basis of unfounded donations the employer may exercise the opportunity to protest and submit a written explanation presenting its version of events. If the explanation is considered to be credible, the control may be repealed. However, in some cases donations may not contain any specific information, which makes it difficult to confirm their uncertainty.

– I know perfectly such situations from conversations with transport entrepreneurs. From observations it appears, that often donations are written by those self drivers, changing often work. If a driver mainly informs the PIP of irregularities in any transportation company, in which has worked for three months, that should light the red lamp of the inspector inspection. The control call from the inspector to the person, who wrote the donation, also may be the initial investigation of the case. I understand, that an unfair employer should suffer the consequences of his abuse, but what to do with fair entrepreneurs? Donos are a cause to initiate a inspection and take that employer valuableTime related to inspection, preparation of documents, submission of explanations. This alone carrier is not in capable of operating, and additionally not working loses on just money. A driver submitting unjustified donos does not receive any consequences of his action. I this is the problem – summarizes Mariusz Frąc.

In such situations it is important that the employer and employees can cooperate with the inspection official of PIP and provide trustworthy information and show documents, which may help in quick and effective completion of inspections. Inspections PIP on the basis of unjustified donations may be intrusive and constitute a burden for the employer and workers. However, in case of cooperation and present reliable information, this process can be concluded positively and will not have negative consequences for the controlled party.

In which industry does have the most complaints?

Citing further Program Activities of PIP, as shown by inspections conducted in years of expert and complaints directed to State Inspection of Labor by employees, the regulations on time work and payment of the employment rights are among the most violated employment rights. Recognizing, that non-performance by the employer of the obligation to proper and timely payment of due components of remuneration deprives the employee of necessary resources of maintenance and affects his functioning in many spheres of life, it is necessary to continue controversy in the subject area against all employers, with special attention to those who in offense the above regulations.

The selection of subjects to inspect will be responsive to the diversity of employers functioning in the area of the district inspectorate of labor, a in selection will take into account such parameters as: size of employment, form of ownership, branch, in which has the highest number of complaints related to the above theme, such as.: trade and repair, processing industry, transport and warehousing and construction. Inspections carried out in with the above mentioned tasks are both planned, as and conducted in following a complaint.

– An additional problem is the fact, that inspectors inspect inspectors of PIP do not confront the wages of drivers with the contributions to social insurance, that is in the US. Beyond this there is a need to know the branch, which.get inspected. Inspectors PIP often are not trained for specific of a given industry, a transport is really difficult and demanding – says Wojciech Romaniuk, President Association Ambassador of Polish Transport.

What are the most frequent complaints about employees?

In the case of drivers the most reported to PIP are irregularities related to working conditions, working time or wages. However a very small percentage of drivers decide to take legal steps in the purpose of protecting their rights. Reasons for this state of affairs may be many, including.: lack of awareness of your rights, fear of consequences from the employer, professional pressure or the difficulty of proving violations by the employer. However, it is worth remembering, that reporting to PIP is not the only way to resolve problems with the employer. In the case of uncertainties in work you can also take help from the unions, legal advice or contact with appropriate institutions for protection of employee rights.

The Actions PIP Program talks about inspections in transportation companies in the following way: Inspections have the purpose of assessing compliance with regulations on time work of drivers and time of driving vehicles, breaks and rest time defined by Regulation (EC) 561/2006 of the European Parliament and the Council of 15 March 2006 . on harmonization of some social regulations relating to road transport and amending Regulations of the Council (EEC) numbers 3821/85 and (EC) 2135/98, as also repealing Regulation of the Council (EEC) no. 3820/85. The required regulations are intended to improve social conditions for drivers covered by their scope and to improve safety in road traffic. Aiding in the implementation of these tasks are regulations: determining the maximum day, weekly and fall in the period of two consecutive weeks the time of driving, regulations that oblige the driver to use the weekly rest period and regulations defining the day rest period. These regulations guarantee adequate rest for drivers, allowing safe driving . What is interesting, there is no number of planned checks on Polish vehicles, which we can read right – no limit.

-It’s worththinkingabout,whetherthedoseisjustified,whetherwrittenandsentafterthewrongemployee-driver.Weknow,howthesituationisinthetransport market,onwhichtheis.Unfortunatelypartlytherestillisa grayzone,whichcancausetwosituations.The first,inwhichthedriverwantstodoeverythinglegallyandjustfightsforhimself.The other,inwhichhewellknows,thathehasreceivedwages,butwantstousethesituationtohisbenefitandreceiveitonce again.Unfortunately,westillhavetransport entrepreneurs,whodo notcontributeanddo nottaxpartoftheemployee-driver’s salary.The increasedquantityofcostssometimesforcesentrepreneurstotakethedifficultdecision:eitherpayunderthe table,orclosethe company.The driverhasexactlythissamedilemma:eitherI acceptthisconditionsofemployment,orI losethe job.Anotherissueistheattitudeofdriverstotheprofessionandtheworkperformed.Theywillnotchangethebranch,becausetheyareusedtoahigh,forPolishconditions,wages.Andin additiontobeadriveryouneedtohaveacharacterandjustlikethisprofession.Thisisacomplexproblem.I thinkthatagoodsolutionwouldbetocreateappropriateregulations,thatordertheremunerationfordrivers,especiallyintheissueofdietandotheradditionsthat is.equivalentforwashingorspread-summarizesWojciechRomaniuk.

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