The President of the Republic of Poland has signed a law amending the regulations governing the National Labor Inspectorate, meaning it will soon come into force and expand the powers of labor inspectors. Under the new regulations, inspectors will be able to determine the existence of an employment relationship by decision. At the same time, the President has decided to refer the law to the Constitutional Tribunal for a subsequent review.
Entry into force
The President's signing of the Act means that it will enter into force three months after its publication in the Journal of Laws. An exception is made for some provisions not directly related to the main subject of the amendment, which will take effect the day after its publication.
In practice, this means that district labour inspectors will be able to determine, by way of a decision, the existence of an employment relationship if, during an inspection, they find that employment under a civil law contract meets the conditions of an employment relationship.
The legislature has also provided for the Chief Labor Inspector to issue individual interpretations. These will assess whether the legal relationship presented by the applicant meets the criteria for recognition as an employment relationship within the meaning of Article 22 § 1 of the Labor Code.
The Act also introduces solutions enabling the National Labour Inspectorate to access information on insured persons and contribution payers.
Referral to the Constitutional Tribunal
Despite signing the act and allowing it to enter into force, the President simultaneously referred it to the Constitutional Tribunal for subsequent review.
Referring a bill to the Tribunal does not prevent the provisions from coming into force, but may lead to their possible challenge in the future.
According to a statement published on the official website of the President of the Republic of Poland, this decision was justified by concerns about some of the adopted solutions, particularly those granting the National Labor Inspectorate very broad powers over entrepreneurs. The President emphasized that the state cannot be excessive in its interference.
In justifying the referral of the Act to the Tribunal, the President also pointed to the lack of proper social dialogue at the stage of government work, emphasizing that the State cannot ignore social partners.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of April 3, 2026.
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