Representatives of Employers of Poland Participated in a meeting of the Tripartite Commission Working Group for Social Insurance. Discussion focused on the draft of changes in the act on the Chief Labour Inspectorate and the temporary retirement act, prepared by the Ministry of Labour and Social Policy.
The draft grants the Inspectorate the right to control an employer’s list of posts which involve work in extraordinary conditions and of extraordinary character. In our opinion the assessment of contentious issues and the decision on whether a particular post fits criteria specified in the temporary retirement act should be a competence of institutions relevant to pension issues and courts, rather than the Chief Labour Inspectorate. These views are confirmed by court rulings.
Apart from that, broadening the competences of the Inspectorate with such tasks of sovereign nature may go beyond the aim of the Inspectorate as specified in the act. Labour inspection institutions should only have the right to issue an order when the qualifications of employees working in extraordinary conditions or doing jobs of extraordinary character are not disputed. For this reason we suggest keeping the regulation in its current form. Other representative employers’ organizations adopted a similar stance.