Who inspects the legality of employment
- The National Labour Inspectorate (PIP) inspects the legality of employment, other gainful work and the performance of work by foreigners (Art. 10 para. 1 points 3 and 4 of the Act on the National Labour Inspectorate). Employers are subject to inspection, and from 8 July 2026 also entrepreneurs and other entities for which work is or in the last year was performed, regardless of the basis (Art. 13 point 1).
- The Border Guard (SG) inspects the legality of the performance of work by foreigners and of entrusting work to them (Art. 1 para. 2 point 13a and Art. 10d para. 1 of the Act on the Border Guard).
Documents confirming your duties may also be demanded by, among others, the starost, the voivode, ZUS (Social Insurance Institution), the National Revenue Administration and the Police. The documents are to be in Polish or translated (Art. 17 para. 1 point 9 of the Act on the Conditions for Permitting the Entrusting of Work to Foreigners, hereinafter: the Act on Entrusting Work).
PIP inspection
The inspector may come without notice and at any time of day or night. The inspector shows an ID card, and with an entrepreneur also an authorisation (Art. 24 paras. 1-3). During the inspection the inspector has the right, among others, to:
- freely enter the premises of the company (Art. 23 para. 1 point 1),
- demand information from the company and from persons who work for it (point 3),
- demand personnel files and documents related to work, in paper or electronic form (point 5),
- check the identity of persons performing work and demand statements on the legality of employment (point 9).
You must immediately present the documents demanded (Art. 27). The inspector notifies the Police or the Border Guard of a violation of the regulations on foreigners (Art. 37 para. 2 point 3).
Border Guard inspection
The officer shows an authorisation before starting the inspection. When it is necessary to act immediately, the officer inspects on the basis of an ID card and delivers the authorisation within 7 days at the latest (Art. 10d paras. 2 and 4). The inspection takes place at the seat and at the places of work (para. 6). The inspected party enables the inspection, gives explanations, delivers documents by the set deadline and enables them to be copied (paras. 8-9). After the inspection a report is drawn up with a description of the documents checked, their numbers and validity dates, or a service note (paras. 14-15). You submit objections to the report in writing within 7 days of its presentation (para. 17). The Border Guard notifies, among others, ZUS, PIP, the National Revenue Administration, the Police or the prosecutor's office of a suspected violation (para. 23).
What is worth having in your file
- copies of residence documents (Art. 4 para. 4) - see how to check legality,
- the work permit, the entered declaration or the decision on a residence and work permit,
- the written contract and its version understandable to the foreigner or a translation (Art. 5 paras. 2 and 3) - see contract in the foreigner's language,
- confirmation that the contract was given to the authority, documents showing that remuneration is not lower than the minimum, and registration for social insurance (Art. 17 para. 1 points 2 and 3, Art. 85 point 2).
Obstructing an inspection has consequences for the future. A work permit is refused if the inspection bodies indicate that within 24 months before the application you thwarted or obstructed an inspection (Art. 13 para. 1 point 11 of the Act on Entrusting Work). See: penalties.