The State Labour Inspectorate inspection ends when the report is signed. However, there may be further consequences as the Inspectorate may issue recommendations or orders. If, however, the inspector believes that an offence has been committed, an entirely different set of rules applies. Explanatory actions are governed by the Code of Procedure in Offence Cases. A person suspected of an offence has the right to a defence.

Different procedure, different rules

Inspectors do not always remember this. Often, after an inspection, they continue to summon employer representatives to “meetings”, like they were entitled to during the inspection. They demand explanations and make notes. Meanwhile, the offence procedure is completely different. In particular, in the case of a person suspected of committing an offence, this has major practical significance.

In offence proceedings, the rule is that individuals are summoned to a hearing in writing. Telephone or email summons are an exception that must be justified by special circumstances. In the summons, the inspector must inform the individual, among other things, of the capacity in which they are being summoned – as a witness or as a suspect.

A person suspected of committing an offence has the right to appoint a defence lawyer. The hearing begins with the presentation of the charge, which must also be recorded in the minutes. The suspect may refuse to provide explanations or answer individual questions. They have the right to receive a copy of their hearing minutes.

Fines imposed by the State Labour Inspectorate

Inspectors have prosecutorial powers in such proceedings. They can impose fines of up to PLN 2,000 on individuals they consider guilty of an offence. In cases of repeat offences, the fine may amount to PLN 5,000. If the suspect refuses to accept the fine, the inspector submits an application for punishment to the court. An amendment currently under discussion would increase the permissible amount of the fine to PLN 5,000.

The proceedings conclude when the fine is accepted and paid. A paid fine is equivalent to a judgement, i.e. a statement that the offence was committed. If accepted and paid, it is much more difficult to defend against allegations of labour law breaches. Therefore, in cases where the employer does not agree with the inspector’s assessment, it is better not to accept the fine.

How should the organisation prepare?

Inspectors often openly state during inspections that the inspection will end with fines. Sometimes this results from the contents of the inspection report. It is worth preparing for this possibility in advance. It is helpful to identify the circle of individuals who may be suspected, decide whether the involvement of a defence lawyer is necessary and whether the suspect should accept the fine.

Find more articles in PRO HR September 2025.