The announcement of a request to the court to punish the president of the management board of the temporary employment agency for offenses ended a nearly three-month inspection by border guards. He faces a heavy fine. Several dozen foreigners are also facing penalties.
On October 31, officers of the Employment Legality Inspection Team from the Warsaw-Modlin Border Guard Station completed the inspection of the legality of employment of foreigners in one of the temporary employment agencies in the Wołomin district.
The inspection lasted almost three months
– The inspection was aimed primarily at determining whether the owner of the inspected entity employing foreigners entrusted them with the legal performance of work, and the foreigners performed it legally and did not violate the provisions of the Act on employment promotion and labor market institutions. It lasted almost three months. A total of 84 foreigners of Ukrainian, Belarusian and Georgian nationality were checked, who were employed mainly as packers and manual workers in other companies in Masovia. Serious violations were found, both on the part of the president of the management board of the temporary employment agency, who entrusted 78 foreigners with illegal work, and on the part of 67 foreigners who performed this work illegally – says Dagmara Bielec, spokeswoman for the Nadwiślański Border Guard Branch, in a press release.
Border guards also pointed out irregularities in notifying the District Labor Office about taking up or not taking up work by foreigners on the basis of a declaration of entrusting work within the statutory deadline, which constitutes an offense under Art. 120 section 10 of the Act of 20 April 2004 on employment promotion and labor market institutions.
“Whoever fails to fulfill the obligation referred to in Article 88z, paragraph 13, or provides false information about the commencement, failure to commence or termination of work by a foreigner on the basis of a declaration on entrusting work to a foreigner, shall be subject to a fine.”
An application to the court regarding the president
– An application will be filed against the president of the management board of the temporary employment agency – a 46-year-old Polish citizen – in connection with the offenses committed. Pursuant to Art. 120 section 1. Act of April 20, 2004 on the promotion of employment and labor market institutions – adds Dagmara Bielec.
“Whoever entrusts a foreigner with illegal work is subject to a fine ranging from PLN 1,000 to PLN 30,000”
67 foreigners who worked illegally also face fines.
103 legality checks are hiring this year
This year, officers from the Warsaw-Modlin Border Guard Station carried out 103 inspections of the legality of employment, covering three thousand foreigners. They recorded 171 cases in which employers illegally entrusted work to foreigners. In turn, 134 foreigners performed work in Poland illegally – without an appropriate work permit or under conditions other than those specified in the appropriate work permit or without concluding the required civil law contracts. Additionally, it was found that 29 employers had committed offenses resulting from violations of the Act on employment promotion and labor market institutions.
Main photo source: NOSG