Powers of control bodies – legality of foreigners’ employment
Inspectors of the State Labour Inspectorate and officers of the Border Guard can carry out the check of the employment’s legitimacy.
In connection with the control, officials and border guards can
– identify and interrogate persons working or being at the workplace
– require the employer to submit all documents related to foreigners’ employment, e.g. work permits, contracts or evidence of social security registration.
In addition, the Border Guard can legally detain a foreigner and apply direct coercive measures against them. After the inspection, the Labour Inspectorate or the Border Guard applies to the court a motion to punish for illegal employment/illegal work of foreigners (against the employer and foreigners) and initiates a procedure to oblige foreigners to return (leave Poland).