Transforming the order into a full -time job, higher fines. The revolution in the law is getting closer
The Ministry of Family, Labor and Social Policy has published assumptions to the previously announced reform of the National Labor Inspectorate (No. from the list – UD283). Its key element is to give PIP inspectors the right to issue decisions that will allow the conversion of incorrectly concluded civil law contracts into employment contracts. One of the KPO milestone also provides for such a change. The government is to adopt a project in the fourth quarter of this year.
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What changes regarding the change of contracts provide for assumptions?
Currently, the inspector must first apply to the court to determine the existence of an employment relationship and prepare for a long trial. According to the assumptions, after the reform The inspector will be able to change the mandate contract into an employment contract by one decisionalthough earlier announcements showed that he would also be able to transform B2B contracts into an employment contract with all the consequences.
Read also: The era of full -time is coming. The mandate contract will be a history soon?
The assumptions show that:
– The District Labor Inspector will be able to state that although a civil law contract has been concluded with a given person, an employment contract should be concluded. The decision will be immediately enforceablei.e. the order will immediately transform into an employment relationship. Such a decision will also have tax consequences and ZUS (in other words taxes and contributions on the employment contract and the mandate contract are calculated), but not immediately, and only when the deadline for lodging an appeal is lodged, and in the case when the person lodges an appeal – from the date of transfer of the appeal to the labor court. It will be possible to appeal to the labor court against the inspector's decision.
– ZUS, PIP and the National Tax Administration will exchange information and data for the purposes of control and risk analysis;
– PIP will be able to carry out remote checksand the documentation can be prepared in electronic form,
– The Chief Labor Inspector will draw up annual and long -term control programs,
– Finds for offenses against employee rights will also increase. It is a penalty for employers who instead of concluding an employment contract will sign a mandate contract. Today, inspectors can impose a fine of a maximum amount of 1 thousand. PLN up to 2 thousand PLN, and in the case of recidivism – 5,000 zloty. If the case goes to court, the penalties may be higher. Milowy stone shows that the penalties are expected to increase at least twice.
Read also: B2B instead of a full -time job? The expert warns
We informed about the details of the planned activities of the Ministry of Labor in Business Insider Polska.
