One of the final workshop sessions of the second day of ELMC2026 focused on the practical realities of posting inspections and enforcement in the field of cross-border services.
The workshop “Trust me, I’m with Labour Inspection: Enforcement Practice & Compliance Perspective” was delivered by Agata Kostyk-Lewandowska and Sebastian Siemaszko from the Polish Labour Inspectorate. Participants had a rare opportunity to look at posting inspections from the perspective of labour inspectors themselves — without myths, simplifications or purely theoretical assumptions.
One of the key conclusions of the session was the changing nature of both irregularities and inspections. As the speakers explained, the posting landscape has evolved from relatively straightforward and easily identifiable infringements towards increasingly sophisticated and professionalised structures. While outright criminality has become less visible, inspections themselves are becoming significantly more complex, resource-intensive and time-consuming.
Among the key challenges discussed were the growing number of letterbox companies, often established by third-country nationals, persistent cases of illegal employment involving non-EU employers posting workers to Poland, and the increasingly blurred distinction between business trips and posting of workers.
Particular attention was also paid to the practical difficulties faced by labour inspectors. The Polish Labour Inspectorate currently observes an approximately 40% increase in complaints — many of them lengthy and AI-generated — which further complicates and prolongs inspection procedures. The speakers also referred to difficulties linked to documentation obligations imposed on short-term foreign service providers and to cases where entities disappear during ongoing investigations.
At the same time, the session highlighted the growing importance of cooperation between institutions — including the Polish Labour Inspectorate, ZUS, border guards and foreign enforcement authorities — which increasingly allows irregularities to be identified and consequences imposed despite limited resources.
The workshop provided a highly practical conclusion to two days of discussions and workshops at ELMC 2026, moving the debate from legal frameworks and case law towards the everyday realities of enforcement and compliance in cross-border service provision.
