2026-03-12 19:15
publication
2026-03-12 19:15
On Thursday, the Senate adopted the amendment to the Act on the National Labor Inspectorate without any amendments. The reform gives PIP the power to turn bogus civil law and B2B contracts into employment contracts. The execution of the administrative decision will be suspended in the event of an appeal to the court.
57 senators voted for the adoption without amendments of the amendment to the Act on the National Labor Inspectorate (PIP), 1 was against and 31 abstained. Now the bill will go to the president's desk.
The reform gives the National Labor Inspectorate the power to convert sham civil law and B2B contracts into employment contracts by way of an administrative decision. 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.
According to the new regulations, if an irregularity is detected, a labor inspector will be able to first issue an order regarding the functioning of a civil law contract or not to conclude an employment contract – in a situation where the features of an employment relationship dominate in the legal relationship between the parties. However, before issuing an order, he will be obliged to listen to the parties.
If the order is not complied with, he will have the opportunity to apply to the district labor inspector to initiate administrative proceedings, which may end with the issuance of a decision to transform the contract. He will also be able to bring a claim to court instead of issuing a decision. 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. During the proceedings, the will of the parties is to 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.
An appeal against the decision of the district labor inspector may be lodged with the court within 30 days. The Act stipulates that the court will consider the appeal within one month. 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.
In administrative proceedings regarding a decision subject to appeal, it will be possible to make it immediately enforceable only against persons covered by special protection of employees against notice or termination of an employment contract. These include, for example, pregnant women.
Moreover, an entity that, before the date of entry into force of the Act, concluded e.g. a civil law contract with a person performing work, even though it meets all the features of an employment relationship, and which, within 12 months from the date of entry into force, voluntarily brings about a legal situation – concluding an employment contract – will not be subject to liability under the Labor Code.
The amendment also provides for, among others: exchange of information and data between ZUS, PIP and KAS for the purposes of control and risk analysis, and improvement of PIP controls by introducing remote controls. It also assumes increased penalties for offenses against employee rights.
Pursuant to the regulation, after 12 months from the date of entry into force of the regulations, the minister responsible for labor issues will prepare an assessment of its functioning and present it to the Speaker of the Sejm, the Social Dialogue Council and the Labor Protection Council.
The amendment, with exceptions, will enter into force after 3 months from the date of announcement. (PAP)
kblu/mark/
