The new head of the National Labor Inspectorate (PIP), Agnieszka Dziemianowicz-Bąk, in collaboration with the Ministry of Family, Labor and Social Policy (MRPiPS), is working on a bill aimed at combating bogus self-employment. According to the ministry's announcements, the PIP will gain new powers – it will be able to order the modification (conversion) of existing civil law contracts (such as B2B contracts, contracts for specific work, or contracts of mandate) to employment contracts. Currently, the National Labor Inspectorate does not have such powers.
Under the current legal framework, the only way to reclassify a civil law contract into an employment contract is to file a lawsuit to establish this.
A key criterion for potential retraining will be the existence of a subordinate relationship and the ability to issue instructions to individuals providing services under civil law contracts. Additionally, the National Labor Inspectorate will be particularly vigilant in cases where an employment contract has been converted to a B2B contract within the same company.
In response to the planned changes, public debate has already raised objections that the National Labor Inspectorate's new powers violate freedom of contract. However, the bill's authors emphasize that the National Labor Inspectorate's reform aims to strengthen this institution so that it can effectively respond to violations of employee rights, protecting both employees and (honest) employers. The new powers are intended to enable inspectors to operate more effectively, which in turn is expected to contribute to improving working conditions in Poland.
Although the official outline of the bill has not yet been published, the ministry has expressed support for the concept. The conversion of a B2B contract into an employment contract would be possible by an administrative decision issued by the National Labor Inspectorate (PIP), not solely by a court ruling. If the PIP determines that the B2B contract meets the requirements of an employment relationship, it would be converted into an employment contract based on an administrative decision, which could be appealed to the court.
Minister Agnieszka Dziemianowicz-Bąk expects that the draft law on changes in the National Labor Inspectorate will be ready within a few months.
For entrepreneurs, this means they should carefully analyze the content of their contracts now and ensure that the current form of cooperation within the company does not pose a risk of retraining. It's also worth considering possible changes to minimize potential threats.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of August 8, 2024
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