How do you appeal a labour inspector's order and what happens after the OIP decision?

Author: inspekcja-pracy.pl editorial teamChecked: 15 October 2026

Short answer

An order (nakaz) of a labour inspector issued in writing or by an entry in the construction log can be appealed to the District Labour Inspector competent for the place of the inspection. You have 7 days from service (Article 34(5) of the Act on the National Labour Inspectorate). As a rule, an appeal suspends the enforcement of the order, but this does not apply to immediately enforceable orders: stopping work, stopping machines, a ban on work and payment of remuneration. The decision of the District Labour Inspectorate (OIP) issued after the appeal is final. You can challenge it by filing a complaint with the voivodeship (province) administrative court (WSA) within 30 days of service (Article 53 § 1 PPSA).

This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.

In this guide: Appeal against a PIP order within 7 days to the District Labour Inspector, suspension, immediately enforceable orders, complaint to the WSA in 30 days.

Who this applies to

The inspected entity, that is the employer or business to which the inspector addressed an order under Article 11(1)(1)-(7) or Article 11a of the Act on the National Labour Inspectorate. What the inspection itself looks like is described in the guide PIP inspection: whom it concerns, what the inspector can check and how it works. This guide does not cover a decision (decyzja) of the District Labour Inspector establishing an employment relationship. That decision is appealed to the labour court within one month. See How to appeal against a District Labour Inspector's decision establishing an employment relationship.

What to do

Establish the date of service. You count the 7-day deadline from the day the decision was served. The day of service is not counted, and if the deadline ends on a Saturday or a public holiday, it expires on the next working day (Article 57 § 1 and 4 of the Code of Administrative Procedure (KPA), applied under Article 12 of the Act on the National Labour Inspectorate). You can use the deadline calculator.
Check the instructions on appeal. A written decision must contain instructions on the available means of appeal (Article 34(2)(7) of the Act on the National Labour Inspectorate).
Check whether the order is immediately enforceable. This applies to orders under Article 11(1)(2), (3), (4) and (7). You carry out such orders at once, regardless of the appeal.
Write the appeal. Identify the decision (number, date, inspector), state what you disagree with and why, and what you request: setting aside or amending the order, for example extending the deadline. Attach evidence. The Act on the National Labour Inspectorate does not set requirements for the content of an appeal. Under the KPA, which applies to matters not regulated by that Act (Article 12 of the Act on the National Labour Inspectorate), an appeal does not need a detailed justification, and it is enough that it shows dissatisfaction with the decision (Article 128 KPA). Specific arguments and evidence, however, allow the authority to assess your position.
Send the appeal on time. It is addressed to the District Labour Inspector competent for the place where the inspection activities were carried out (Article 34(5)). Under the KPA, an appeal is lodged through the authority that issued the decision (Article 129 § 1 KPA). If the instructions in the decision specify how to file it, follow them.
If the order concerns a hazard and you have removed it, ask for suspension. For orders under points 2-4, the District Labour Inspector may suspend their enforcement until the appeal is decided if your actions eliminate a direct threat to life or health (Article 34(6) of the Act on the National Labour Inspectorate). Describe these actions in the appeal.
Wait for the OIP decision. The appeal authority may uphold the order, set it aside in whole or in part and rule differently, discontinue the proceedings, or set the order aside and refer the case back for reconsideration (Article 138 KPA).
After the OIP decision, consider a complaint to the WSA. A decision of the appeal authority is final (Article 16 § 1 and Article 127 § 1 KPA), and decisions can be challenged before an administrative court (Article 16 § 2 KPA, Article 3 § 2(1) PPSA). You file the complaint within 30 days of service of the decision (Article 53 § 1 PPSA), through the authority whose decision you are challenging, that is the OIP (Article 54 § 1 PPSA). The competent court is the WSA in whose area that authority has its seat (Article 13 § 2 PPSA). The complaint must identify the challenged decision, the authority and the infringement of law or legal interest (Article 57 § 1 PPSA).

Exceptions and caveats

Immediately enforceable orders. The general KPA rule is that a decision cannot be enforced before the deadline for appeal expires, and an appeal filed on time suspends enforcement (Article 130 § 1-2 KPA). This does not apply to decisions that are immediately enforceable by law (Article 130 § 3(2) KPA), that is orders under Article 11(1)(2)-(4) and (7) of the Act on the National Labour Inspectorate. For a payment order (point 7), the Act on the National Labour Inspectorate does not provide for any special suspension. The KPA allows the appeal authority, in justified cases, to suspend the immediate enforcement of a decision (Article 135 KPA), but this is at its discretion.
Oral decisions. The 7-day appeal rule applies to decisions issued in writing or by an entry in the construction log (Article 34(5)). The inspector issues oral decisions under points 1-4 when the irregularities can be remedied during the inspection (Article 34(4)).
Order to cease activity (point 5). It is issued by the District Labour Inspector (Article 19(1)(4)). Appeals against OIP decisions are heard by the Chief Labour Inspector (Article 18(1)(2)). The Act on the National Labour Inspectorate does not set a separate appeal deadline for this decision, so check the instructions in the decision.
A complaint to the WSA does not suspend enforcement. Filing a complaint does not suspend the enforcement of the decision (Article 61 § 1 PPSA). The authority may suspend enforcement of its own motion or on request, unless the conditions for immediate enforceability are met (Article 61 § 2(1)). Once the complaint has been forwarded, the court may suspend enforcement on request if there is a risk of significant damage or consequences that are difficult to reverse (Article 61 § 3).
Missing the deadline. The appeal authority declares that the deadline was missed by way of a procedural order (Article 134 KPA). Do not leave the appeal until the last day.
Failure to carry out the order. Failure to carry out an enforceable order of the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) on time is a petty offence (Article 283 § 2(7) of the Labour Code (Kodeks pracy)). According to the PIP, failure to comply with a decision also leads to administrative enforcement.
Post-inspection recommendations and instructions are not orders. The Act on the National Labour Inspectorate does not provide for an appeal against post-inspection recommendations (wystąpienie) or against an instruction (polecenie). You respond to post-inspection recommendations within 30 days (Article 36(2)).

When it is worth consulting a lawyer: when the order stops work at the establishment or machines, when a payment order concerns a large or disputed amount, when you are considering a complaint to the WSA, or when mandate (fine) proceedings or a case before the labour court is running in parallel. This guide does not cover court fees for a complaint to the WSA.

Example

Assumptions: on 6.10.2026 (Tuesday) the inspector served a written order to remedy health and safety (BHP) irregularities in a production hall (point 1) with a deadline of 30.11.2026, and an order to stop operating one press (point 3). The company believes the deadline for the hall is unrealistic because reconstruction is needed.

The deadline for appealing against both orders expires on 13.10.2026 (Tuesday).
The company carries out the order concerning the press at once. If it repairs the guard and removes the hazard, it may request in the appeal that the enforcement of this order be suspended (Article 34(6)).
In the appeal against the order concerning the hall, the company requests a change of deadline and presents a schedule of works. An appeal filed on time suspends the enforcement of this order.
If the OIP upholds the order, the company has 30 days from service of the OIP decision to file a complaint with the WSA.

Documents and deadlines

Step	Deadline	To whom	Legal basis
Appeal against the inspector's order	7 days from service	OIP competent for the place of inspection	Article 34(5) of the Act on the National Labour Inspectorate
Request to suspend an order under points 2-4	together with the appeal	OIP	Article 34(6) of the Act on the National Labour Inspectorate
Appeal against an OIP decision (e.g. point 5)	as stated in the instructions	GIP	Article 18(1)(2) of the Act on the National Labour Inspectorate
Complaint against the OIP decision	30 days from service	WSA, through the OIP	Article 53 § 1, Article 54 § 1 PPSA
Information on carrying out the order	on expiry of the deadline in the decision or once it becomes final	competent PIP authority	Article 35(1) of the Act on the National Labour Inspectorate

Frequently asked questions

Can I file a complaint with the WSA straight away, without appealing to the OIP?

A complaint can be filed after exhausting the means of appeal, if they were available in the proceedings before the authority (Article 52 § 1 PPSA). An appeal to the OIP is available against an inspector's order, so you use that route first.

Does an appeal against an order to pay remuneration release me from paying?

No. A payment order is immediately enforceable (Article 11(1)(7) of the Act on the National Labour Inspectorate).

Can an employee appeal against an order?

The Act on the National Labour Inspectorate gives the right to appeal against an inspector's order to the inspected entity (Article 34(5)). It is different with an OIP decision on an employment relationship, where a party, including the employee, may appeal. The differences are described in the guide PIP report, order, post-inspection recommendations, instruction and decision: how do they differ?

Useful tools

Appeal deadline calculator

Related guides

Sources (documents in Polish)

Sources checked on 15 October 2026. Law as at 15 October 2026.

Change history

15 October 2026: First publication.

Have a question about this topic? Write to the editors Report an error or outdated information

This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).