Legislative changes intended to achieve protective goals or streamline the labor market may also mean new obligations and additional costs for businesses. This includes proposed regulations regarding work via digital platforms, changes to the rules for entrusting work to foreigners, and announced restrictions on employee accommodations.
Working through digital platforms
The draft law on performing work via digital employment platforms introduces, among other things, a rebuttable presumption of the existence of an employment relationship. In the event of a dispute between a person performing work and a platform, it will be sufficient to substantiate that the work was performed under the direction and control of the platform or an intermediary acting on its behalf. Once this requirement is met, the burden of demonstrating that the collaboration did not constitute an employment relationship will shift to the platform.
The platform and intermediary are also jointly and severally liable for claims related to failure to fulfill statutory obligations and violations of the rights of individuals performing work via the platform. The proposed regulations could apply to a wide range of businesses. In practice, the risk of being subject to regulation could apply to any entity using an application or IT system to organize and distribute tasks.
The limit of 184 hours per month and the flexibility of employing foreigners
The draft amendment to the Act on the Conditions for the Admissibility of Entrusting Work to Foreigners in the Territory of the Republic of Poland provides solutions that may impact the organization of work for individuals performing work under civil law contracts. According to the draft, in the case of a civil law contract, the number of hours a foreigner works per month cannot be less than 40 or more than 184. Such a restriction may excessively interfere with freedom of contract and fails to take into account the specific nature of civil law relationships.
Contracts of mandate are used for occasional, seasonal, project-based, and specialized work, as well as for replacement work and in situations where work demand depends on the number of orders. The minimum 40-hour limit may prevent the legal assignment of small-scale or irregular work to a foreigner, even if this form of cooperation suits both parties and is justified by the nature of the activities performed.
The maximum limit of 184 hours does not take into account the varying number of working days in individual months or cases in which the contractor performs activities on a flexible schedule. This limitation may lead to the need to interrupt cooperation or abandon some orders.
What changes may affect owners of employee accommodation?
The Ministry of Development and Technology has announced changes aimed at limiting the use of single-family homes for employee housing. According to the proposed guidelines, a maximum of 30% of the building's total area can be designated for temporary housing. Exceeding this limit will require a formal change of use.
This may mean that additional technical requirements must be met, including those relating to fire safety, sanitation and ventilation.
The Ministry also announced the introduction of a fine of up to PLN 10,000 for using a building without prior consent for a change of use. The fine could also be imposed at a later stage if the owner fails to comply with the required measures, even repeatedly.
The introduction of such restrictions may mean that entrepreneurs will have to change their current business model related to the rental of employee accommodation.
This article is for informational purposes only and does not constitute legal advice. The law is current as of October 2, 2026 .
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