On February 5, 2026, the Standing Committee of the Council of Ministers adopted a draft law reforming the functioning of the National Labor Inspectorate. Its implementation is crucial to achieving the milestones of the National Recovery Plan, to which Poland has committed to the European Union.
Position of the Ministry of Family, Labor and Social Policy
As emphasized by the Ministry of Family, Labor, and Social Policy, the project aims to equip both the National Labor Inspectorate and labor courts with more effective tools for enforcing labor law. The changes are intended to provide employees and employers with greater procedural certainty and clear and unambiguous rules for their application.
The Ministry reminds that, under the Labor Code, it is unacceptable to replace an employment contract with a civil law contract if the work is performed under conditions typical of an employment relationship—that is, of a specific type, in a specific place and time, under the employer's direction, and for remuneration. At the same time, it emphasizes that not every civil law contract is illegal—the problem arises when it is used to fictitiously circumvent labor law regulations.
The bill, according to the ministry, introduces more effective mechanisms to counteract the unauthorized replacement of employment contracts with civil law contracts and illegal work. A key change is to expand the powers of the National Labor Inspectorate (PIP) to determine the existence of an employment relationship.
During the inspection phase, a labor inspector will be able to issue an "order" to the entrepreneur, the purpose of which is to ensure compliance with the law. If the order is not complied with, the bill proposes transferring the authority to issue administrative decisions regarding the existence of an employment relationship to district labor inspectors.
Additional project assumptions
It's also worth noting the project's additional assumptions, which are intended to streamline the operations of the National Labor Inspectorate. These include: expanding the exchange of information and data between the Social Insurance Institution (ZUS), the National Labor Inspectorate (PIP), and the National Revenue Administration (Krajowa Administracja Skarbowa) for inspections and risk analysis purposes; developing annual and multi-year inspection programs based on risk analysis by the Chief Labor Inspector; and changes to the fines for offenses against employee rights, which are intended to provide more effective protection for employees and serve as a real deterrent against employers who violate labor law.
This article is for informational purposes only and does not constitute legal advice.
The law is current as of February 6, 2026 .
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