The reform of the National Labor Inspectorate is in question. The dispute in the government is growing
The changes in the National Labor Inspectorate are one of the milestones of the National Labor Inspectorate, which replaced the previous PiS plans regarding the taxation of mandate contracts and contracts for specific work.
As money.pl reminds, the Ministry of Family, Labor and Social Policy is responsible for implementing the new solution. The A71G milestone includes, among others: strengthening the powers of PIP, enabling the issuance of administrative decisions transforming civil law contracts into employment contracts, exchanging data between PIP, ZUS and the National Tax Administration, conducting remote inspections and increasing the maximum penalties imposed by the inspection.
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According to the assumptions, the reform should be implemented later this year, so that the new regulations will come into force from January 2026. However, growing disputes within the government regarding the final shape of the act mean that the document has not yet reached the parliament, and the chances of its implementation on time are decreasing.
The Government Legislation Center criticizes the project
In its latest opinion on the draft act, the Government Legislation Center expresses strong opposition to key solutions. As we read on money.pl, the institution questions the validity of settling matters through an administrative decision issued by a labor inspector, pointing out that it may violate the constitutional principles of freedom to conduct a business and freedom to choose a profession and place of work.
RCL emphasizes that such solutions may lead to unpredictable consequences for both employers and employees. As an example, he indicates a situation in which the employer, following the inspector's decision, would have to immediately train the employee, send him for medical examination or grant him overdue leave, which may extend back even several years.
Additional doubts concern sheltered workshops, which must meet certain criteria for employing people with disabilities. RCL points out that Mrturning B2B contracts or mandates into full-time jobs may prevent these companies from meeting the required standards. RCL's opinion also includes a proposal to abandon the regulation imposing immediate enforceability of the inspector's decisions.
However, RCL does not limit itself to criticism and proposes alternative solutions. According to the institution, the labor inspector should set a deadline for the parties to agree on the terms of the employment relationship, and in the absence of agreement, the case would go to court. This approach would apply in situations where the parties do not agree to the employment contract or when the agreement grossly violates the employee's interest.
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RCL also points to the lack of introduction of amnesty and the lack of regulations enabling ZUS to count the paid contributions towards the new insurance title. The institution reminds that the current government has introduced the principle of at least a six-month vacatio legis for laws increasing the regulatory burden on entrepreneurs, while the reform project would enter into force from January.
The Ministry of Funds and Regional Policy raises reservations
The Ministry of Funds and Regional Policy, which is responsible for negotiating KPO milestones with the European Commission, also expresses its comments on the project. The ministry demands a change in the wording in the regulatory impact assessment, emphasizing that only some of the solutions provided for in the draft act meet milestones.
In the opinion of MFiPR representatives, the Act of the Ministry of Labor goes beyond the requirements specified by the European Commission, especially in terms of retroactive effect of the inspector's decisions and increasing the number of posts in the National Labor Inspectorate.
The Ministry of Labor responds to criticism
The Ministry of Family, Labor and Social Policy defends the project, pointing out that there are many legal acts in Polish law that have retroactive effect. Representatives of the ministry assure that all comments will be answered comprehensively, and the differences of opinion within the government are not as deep as it may seem.
In an interview for money.pl, Minister Agnieszka Dziemianowicz-Bąk emphasized that the reform is not only the implementation of a milestone, but also a matter of protecting employee rights. According to her, the state should not transfer the risk and costs of its decisions to the employee, and PIP must be able to react quickly in the event of a violation of the right to an employment contract.
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The Ministry of Labor has already made some corrections to the original project, including: a provision enabling the inspector or the court to suspend the immediate enforceability of the decision. The draft also includes a limitation according to which the retroactive effects of the inspector's decisions may reach back a maximum of three years. The labor inspector would also have the choice of whether to make an administrative decision or take the case to court.
Possible compromises and the future of the project
It seems that there is room for compromise mainly regarding the time range for which the labor inspector's decisions will be retroactive. It is possible that the final effects of the decision will apply from the moment it is issued.
The bill will be discussed by the Standing Committee of the Council of Ministers at the next meeting. According to one of the government's interlocutors, the discussion promises to be stormy, and the pressure from the European Commission is enormous. If the reform is not implemented on time, Poland will face high financial penalties, which could negatively affect the image of the government in Brussels.
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The government interlocutor notes that the project was initially intended to target entrepreneurs employing foreigners “illegally”, but over time the Left began to talk generally about a “bad entrepreneur”. As a result, the employers intensified their lobbying activities at the Prime Minister's Office, trying to stop the reform.
