The Sejm and Senate have passed a bill amending the Act on the State Labour Inspection and Certain Other Acts. The bill is awaiting President’s signature and promulgation. Three months after promulgation, the State Labour Inspection (PIP) will acquire new powers. The changes will come into force around June 2026, provided the President signs the Act.

Key changes provided for in the Act:

• granting the PIP the power to establish an employment relationship by way of decision. Before issuing the decision, the PIP will issue an order to remedy the breaches. Failure to comply with the order is a condition for the decision to be issued. The order will concern the remedy of breaches consisting of:
  a) the existence of a civil law contract,
  b) the actual performance of work for remuneration in circumstances where an employment contract should have been concluded.
• a decision establishing an employment relationship will take effect under labour law, tax law, social security law, and health insurance law from the date of its issue, i.e. “with future effect”;
• a decision by the PIP establishing an employment relationship will be subject to appeal; a short time limit of 7 days has been set for lodging an appeal;
• a decision establishing an employment relationship will only become enforceable upon the expiry of the time limit for lodging an appeal or upon the court’s decision becoming final;
• the PIP will also be able to bring an action before the court to establish the employment relationship or its terms, in particular in situations relating to a period prior to that which may be covered by the decision;
• the court will be able to grant interim relief for the duration of the proceedings, consisting of special protection against any amendment, termination or cancellation of the contract. The court will also be able to regulate the rights and obligations of the parties for the duration of the proceedings;
• the employer will have the right to request an individual interpretation from the Chief Labour Inspector (GIP). The GIP will assess whether the legal relationship in question constitutes an employment contract. The interpretation obtained will protect the employer from being subject to administrative or financial sanctions or penalties to the extent that they have complied with the interpretation obtained. The decisions will be binding on the PIP.

In light of these changes, now is the time to review the terms of cooperation within your company, both in terms of the content of B2B contracts or employment contracts and the actual terms of cooperation. Conducting an audit will enable you to identify any irregularities and implement corrective measures.