PIP will not prosecute for encouragement to resign from PPK

Marcin Cetnarowicz, leader of SSW’s labour law practice, explains in Dziennik Gazeta Prawna daily:

The National Labour Inspectorate (PIP) adopts a stance of support and claims that it cannot formally prosecute perpetrators of offenses under Article 108 of the Employee Capital Plans (PPK) Act because, like any other state body, it must act on the basis and within the limits of the law.

Complaints should be reported to the police. The rule is that misdemeanor matters are generally dealt with by the police. They should conduct the investigation to check the validity of the com-plaint and determine whether there are grounds for punishing someone. It depends on the results of this procedure whether the police will bring a request for punishment to court. If this happens, the court will assess the evidence and give a verdict in which it acquits or finds it guilty of an offense and imposes a fine.

The full text is available in Dziennik Gazeta Prawna (for registered subscribers).