In the last article, we drew attention to the new wording of the draft Act on the National Labor Inspectorate, focusing on expanding the catalogue of control tools.
The end of January brought a new draft bill, dated January 28, 2026, which modified the method for granting the authority increased powers. These changes include, in particular, modifying the process for issuing decisions converting civil law contracts into employment contracts and equipping the National Labor Inspectorate (PIP) with the ability to issue individual interpretations, a tool similar to that available to tax authorities.
Issuing individual interpretations
Under the new draft law, the Chief Labor Inspector (hereinafter "GIP") will, at the request of an employer, issue individual interpretations regarding the application of labor law provisions, determining whether the legal relationship presented in the application constitutes an employment contract within the meaning of the Labor Code. Such an application should include, in particular, a description of the factual circumstances or future events, an indication of the provisions subject to interpretation, and a statement of the employer's own position on the matter.
The Chief Inspectorate of Public Procurement (GIP) will be obligated to issue an individual interpretation without undue delay, but no later than 30 days from the date of receipt of the complete application. It is important to note that issuing an individual interpretation will not preclude the Chief Inspectorate of Public Procurement (GIP) from assessing the actual nature of a given legal relationship during an inspection if the factual circumstances determined during the inspection differ from those described in the application.
An individual interpretation will not be binding on the employer. However, the employer will not be subject to administrative or financial penalties for complying with its provisions. At the same time, this interpretation will be binding on the locally competent National Labor Inspectorate authority and may be amended or repealed only if the circumstances of the case change.
PIP – possibility of filing a lawsuit
According to the amendment to the draft, the inspectorate has the right to bring a lawsuit on behalf of an employee in matters concerning the establishment of the existence or content of an employment relationship, and, with the plaintiff’s consent, to participate in the proceedings in these matters at any stage.
The National Labour Inspectorate is to be empowered to determine, by way of a decision, the existence of an employment relationship in a situation where the parties have concluded a civil law contract or when a person actually performs work for remuneration under conditions appropriate for an employment relationship.
However, the issuance of such a decision was made conditional upon the prior failure to comply with an order from the authority. This order may concern the removal of violations related to both the operation of a civil law contract and the actual performance of paid work under conditions that require employee employment.
This means that a decision confirming the existence of an employment relationship may only be issued if the addressee of the order does not comply with its content.
According to the new draft, the date of conclusion of the employment contract will be the date of issuance of the decision by the District Labor Inspector. This decision will have legal consequences related to determining the existence of an employment relationship under labor law, tax law, social security law, and health insurance law.
According to the bill, the act is to enter into force within three months from the date of its publication.
We will keep you updated on the further developments of the bill.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of February 3, 2026 .
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