On Wednesday, the Sejm passed an amendment to the Act on the National Labor Inspectorate, which gives the National Labor Inspectorate the power to convert sham civil law and B2B contracts into employment contracts. 230 MPs voted for its adoption, 20 against and 178 abstained.
From the Civic Coalition club, 150 MPs voted for the resolution and two against it. From PSL, 28 MPs supported the bill, one abstained. The Left, Poland 2050 and Center clubs were fully in favor of adopting the reform.
The PiS club mostly abstained from voting (176 MPs). Two MPs voted against. All ten voting members of the Confederation voted against the adoption of the act.
Earlier, MEPs adopted a package of amendments recommended by the Social Policy and Family Committee. Most of them were of a clarifying and legislative nature. The MPs also did not vote on the Confederation's motion to reject the project in its entirety. They also did not accept the amendments submitted as minority requests.
The MPs adopted, among others: an amendment proposed by the KO, PSL and Left clubs, which clarifies that in administrative proceedings regarding the decision of a labor inspector, the will of the parties will be taken into account, unless it is contrary to the law – in particular the provisions of labor law or the principles of social coexistence, or does not aim to circumvent the law.
The evening vote on X was commented on by the Minister of Family, Labor and Social Policy, Agnieszka Dziemianowicz-Bąk. “The parliamentary majority has just adopted the government's bill strengthening the National Labor Inspectorate. Work on the final shape of the bill was neither short nor easy, but it showed that where there is respect, dialogue and cooperation, good and necessary law can be developed. Today we are one step closer towards the stabilization and safety of Polish workers,” she wrote, also thanking the social side and coalition partners.
According to the Senate calendar, the PIP reform will now be the subject of senators' work during the session starting on Thursday.
What does it look like in practice?
The reform assumes that an appeal against the inspector's decision may be directed to the district labor inspector and then to the general labor court. Until the final decision is made, the inspector's decision will be suspended. Therefore, the project does not introduce the rigor of immediate enforceability of the inspector's decisions, as assumed in the first proposal to amend the National Labor Inspectorate Act.
Giving inspections the power to transform contracts is one of the so-called milestones, the implementation of which determines the payment of funds from the National Reconstruction Plan. (PAP)
According to the project, the district labor inspector – in the event of finding irregularities – will be able to choose the means of reaction: from issuing an order, through issuing a decision confirming the existence of an employment relationship or filing a lawsuit to court.
After the inspector's decision, the parties (employer and employee) will be able to conclude an employment contract. If such an action is performed and is approved by the labor inspector, the proceedings will be completed without the need to take further administrative actions.
The parties will also be able to shape their civil law relationship – in terms of its content or method of implementation – in such a way as to remove elements specific to the employment relationship and eliminate allegations of non-compliance with labor law provisions. The labor inspector will be equipped with the competence to assess the correctness of the implementation of the issued order. In the event of a positive assessment, the proceedings will also be completed.
A negative assessment will constitute the basis for the district labor inspector to initiate administrative proceedings and either issue a decision establishing the existence of an employment relationship or bring an action to determine the existence or content of an employment relationship.
An appeal against the decision of the district labor inspector may be lodged with the court within 30 days. The draft stipulates that the court will consider the appeal within 30 days.
The PIP reform is a “compromise and good regulation”
OPZZ chairman Piotr Ostrowski told PAP that the reform of the National Labor Inspectorate passed by the Sejm on Wednesday evening is a compromise and good regulation, although its initial draft had solutions that better protect the interests of employees.
On Wednesday, the Sejm passed an amendment to the Act on the National Labor Inspectorate. Earlier, MEPs adopted a package of amendments tabled in the second reading.
In an interview with PAP, the chairman of the All-Poland Alliance of Trade Unions (OPZZ), Piotr Ostrowski, emphasized that the amendments adopted by the Sejm correspond to the direction that was discussed with social partners at the extraordinary meeting of the Presidium of the Social Dialogue Council on Monday. He added that these are mainly changes that relate to issues raised by employers.
– Nevertheless, the introduced amendments do not destroy the good reception of the entire reform – he emphasized.
Ostrowski stated that the act strengthens the National Labor Inspectorate. He added that OPZZ has maintained the position from the beginning that this is the right direction of change. – Of course, we are not one hundred percent satisfied with it. It was definitely better, especially in the previous versions, and better protected the interests of employees. Nevertheless, it is still acceptable, it is still good and it is the right compromise in terms of what the employers have reported from the very beginning of this project, he said.
(PAP)
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