Labor inspectors in Poland are clarifying their approach to workplace violations, with implications for how penalties are assessed and applied.
Legal Interpretation
Currently, labor inspectors who discover multiple irregularities during a workplace inspection believe they cannot separate offenses and must apply Art. 9 par. 2 of the Code of Offenses of May 20, 1971. According to this provision, if a decision is made to punish for two or more offenses simultaneously, only one penalty is imposed, chosen from the provision prescribing the highest sanction.
Practical Application
It is common for multiple offenses to be detected during inspections, such as two or three. Applying Art. 9 par. 2 means only one penalty can be imposed, while not applying it could result in multiple fines for each offense separately. This can lead to more severe punishment for entrepreneurs.
Expert Perspective
Joanna Torbé-Jacko, a lawyer and Business Centre Club expert on labor law and social security, points out that not applying this provision has an advantage: entrepreneurs can accept only some fines they believe are justified and seek justice in court for others, potentially resulting in lower penalties. Previously, labor inspectors applied these provisions inconsistently, sometimes choosing to impose fines only for all detected offenses together or referring all matters to court.
