On Thursday, the Ministry of Labor, Family and Policy held a meeting on the reform of the National Labor Inspectorate. Some solutions in the draft amendment to the National Labor Inspectorate Act were met with strong opposition from employers, which is why further talks on this topic are ongoing. At the end of October, a similar meeting was held at the Prime Minister's office on the initiative of Minister Maciej Berek.
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Meeting at the ministry with representatives of employers and trade unions
Deputy Minister Sebastian Gajewski participated in Thursday's meeting on the part of the Ministry of Labor, Family and Social Policy, general director Liwiusz Laska. At the end of the meeting, Minister Agnieszka Dziemianowicz-Bąk also appeared.
On the other side of the table sat representatives of representative trade unions and employersi.e. organizations that are members of the Social Dialogue Council. These are NSZZ “Solidarność”, the All-Poland Agreement of Trade Unions, the Trade Union Forum and the Confederation of Lewiatan, Employers of the Republic of Poland, BCC, the Association of Polish Crafts, the Association of Entrepreneurs and Employers and the Federation of Polish Entrepreneurs.
The rest of the article below the video:
Deputy Minister Gajewski did not present the next, third version of the bill, because it is awaiting publication in the RCL, but discussed the changes introduced. As he tells us though a source close to the Chancellery of the Prime Minister, decisions on the final changes have not been made yet.
The labor inspector will have three options for action
As Business Insider Polska found out, the inspector will have three options for action. First, he will be able to issue an administrative decision to turn the assignment into a full-time position. Secondly, he will be able to take the case to court, as is currently the case. The court will then determine whether the contract should be converted into a full-time job.
Thirdly before issuing a decision or taking the case to court the inspector will be able to issue an orderto ensure that employment rules are consistent with the law. The idea is for him to turn the assignment into a full-time position himself, which will prevent problems such as the need to retroactively pay insurance premiums. The deadline for executing the order will be 14 days.
The inspector will decide independently which option he will use. Will he issue a decision immediately, precede it with an order, or will I take the case to court?
Another new thing is that the administrative decision will be able to state the existence of an employment relationship up to three years ago.
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The requirement of immediate enforceability may be waived
The decision will still be issued with immediate enforceability, but only from the date of issue. As for earlier years, the decision will be enforceable when it becomes final or the court validly grants the inspection.
The requirement of immediate enforceability may be waived. This will be able to be done by the chief labor inspector or the court. The premise is to create irreversible consequences for the employee or employer.
The project is also to explicitly include the possibility of claiming compensation from the State Treasury for an incorrect decision. Agnieszka Dziemianowicz-Bąk allegedly declared that if the state makes a mistake, the state is to cover the full costs of correcting it.
The employers' side emphasized that the meeting should not be treated as a consultation since we do not have the text of the project. She also maintained her previous comments and reservations.
Reform forced by the KPO
By the end of December, Poland should adopt a law that will allow a labor inspector to turn a mandate contract into an employment contract by administrative decision. This is one of the milestones of the KPO, which aims to reduce labor market segmentation. And as a source close to the Ministry of Labor tells us, this provision of the KPO must be implemented, so there is not much room for maneuver.
According to the draft act prepared by the Ministry of Labor, such a decision is to specify the type of contract, type of work, working hours and the amount of remuneration. Such a decision is to be immediately enforceable, although it may be appealed to court. In order for PIP to know who the draft bill is to control, it will enable exchanges with ZUS and KAS.
