57 senators voted in favor of the act, one was against and 31 abstained. The amendment will now be sent to the president.
The most important change is that the labor inspector – after conducting a hearing – will be able to issue an order regarding the form of employment. If this is not done, the case will go to the district inspector who will initiate administrative proceedings. It may end with a decision to transform the contract into a full-time position. Alternatively, the inspector will have the option of filing a lawsuit in court.
The new regulations constitute the implementation of one of the milestones of the National Reconstruction Plan.
The Act also provides for the option of ending the case amicably: the parties may sign an employment contract or modify the existing civil law contract to remove features specific to the employment relationship. If the inspector assesses the changes positively, the proceedings will be discontinued.
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Appeal to court and suspension of the decision
The parties will be able to appeal against the inspector's decision within 30 days. The court has one month to consider the case. Until the judgment becomes final, the inspector's decision will remain suspended – the exception will be persons under special protection, e.g. pregnant women, for whom the decision may be made immediately enforceable.
Voluntary clean-up without sanctions
Companies that, before the entry into force of the new regulations, employed people under civil law contracts, despite the characteristics of an employment relationship, can count on a “protection period”. If they transform such contracts into full-time employment within 12 months, they will not be liable under the Labor Code.
Data exchange and higher penalties
The amendment also expands cooperation and data exchange between ZUS, PIP and KAS, which is intended to improve the effectiveness of control and risk analysis. There is also the possibility of remote inspections and higher penalties for offenses against employee rights.
One year after the entry into force of the act, the government is to present an assessment of the functioning of the new regulations. Most regulations will enter into force three months after their announcement.
— This project must be assessed historically, from what was completely unacceptable at the beginning and devastating for the labor market to its current form. Now, of course, I would not call this act neutral for the labor market, but it is certainly much less harmful than previous proposals, said Piotr Rogowiecki, Expert of Employers of Poland, in an interview with PAP.
