Amendment to the National Labour Inspectorate Act has been published - the recently introduced regulations are groundbreaking; meticulous preparation is highly advisable.
On 7 April 2026, an amendment to the Act on the National Labour Inspectorate (Państwowa Inspekcja Pracy) was published in the Journal of Laws of the Republic of Poland (Dziennik Ustaw). With the legislative process concluded and the transition period for the new legislation to become effective having now commenced, businesses should now prepare for a new regulatory environment that may substantially impact commercial contracts.
Key dates
The Act is set to enter into force on 8 July 2026. From that date, regional labour inspectors will be empowered to establish the existence of an employment relationship by way of an administrative decision.
Administrative decision instead of lengthy trial and court judgment
The Act introduces a groundbreaking change: Regional labour inspectors will be vested with the authority to reclassify contracts, enabling them to issue administrative decisions establishing the existence of an employment relationship (e.g., where a contract for services [umowa zlecenia] is deemed to be, in substance, an employment relationship). Until now, this has required a lengthy process before the labour court.
The so-called primacy of the labour inspector's order will apply: Prior to issuing a decision, the labour inspector will issue an order to rectify any irregularities identified during the inspection. An administrative decision will only be issued should the business fail to comply with such an order.
Under the new regulations, the inspector is required to take into account the intent of the parties.
An appeal against the labour inspector's decision is to be lodged with the relevant labour court within a time limit of one (1) month from the date of service.
What does this mean for businesses?
The possibility of reclassifying civil law contracts as employment relationships presents a significant risk of sanctions for Businesses.
Here are examples of identifiable implications:
Financial Implications:
The necessity to pay outstanding Social Security contributions and income tax advances (with interest) for the period during which an employment relationship was found to exist by the labour inspector.
Punitive implications:
The amendment doubles the maximum fines for violations of employee rights; in certain instances, statutory penalties may reach as much as PLN 60,000.00 or PLN 90,000.00.
Operational Implications:
The obligation arises to provide the 'employee' with all employee entitlements, including inter alia appropriate remuneration for overtime, working on Saturdays, granting annual leave, or payment in lieu of untaken leave.
Legalisation of employment:
The risk of being charged with illegal entrustment of work to a foreign national (non-compliance with work permit conditions), resulting in criminal and petty offences liability, as well as in financial sanctions.
The National Labour Inspectorate shall be allocated a substantial budget for conducting inspection.
The Act provides for an increase in funding for the National Labour Inspectorate to carry out new tasks. In addition, the amendment introduces the implementation of systems for the automated exchange of data between the National Labour Inspectorate and the tax authorities, as well as the Social Insurance Institution (ZUS) In practice, this translates into an increase in the number of audits and, most importantly, the end of 'random' inspections. By leveraging data analysis and inter-institutional information exchange, the National Labour Inspectorate will be able to more accurately target those entities where the risk of non-compliance is the highest.
Why is it worth taking action now?
Businesses have 12 months from the effective date to rectify the situation voluntarily (entering into employment contracts). This one-year 'weather window' allows mistakes to be corrected without the risk of incurring a penalty or the issuance of an administrative decision by a labour inspector regarding the reclassification of contracts.
The reform of the National Labour Inspectorate is one of the 'milestones' for unlocking funds from the National Recovery Plan, suggesting a greater resolve on the part of the authorities to rigorously enforce the new legislation.
How can we be of assistance?
Although the new changes seem comprehensive and groundbreaking, it is possible to be well-prepared. We would be happy to assist you in this effort by offering our support in the following areas:
Audit of forms of employment: We conduct a multidimensional analysis of the forms of employment in place, assessing the risk of reclassification. Our approach extends beyond mere documentation; we investigate the facts, identify potential 'red flags', and deliver a comprehensive remediation plan alongside strategic recommendation.
Implementation of remedial measures: We prepare the necessary documentation to ensure you can fully and safely benefit from the statutory 12-month grace period regarding penalties.
Requests for individual legal interpretations: We will prepare requests for individual legal interpretations from the Chief Labour Inspector, which serve as a 'legal safeguard' for your company's business model.
Training sessions: We educate managers and HR departments on how to safely manage mixed teams (B2B/contract for services/full-time). We provide guidance on how to avoid conduct that could be deemed to establish an employment relationship during an inspection by the National Labour Inspectorate.
We invite you to a complimentary consultation to identify the areas within your organization that require alignment with the new regulations. Together we will ensure the legal security of your company.
To arrange a consultation, contact the expert at TIAS Legal:
Paulina Remlein
Radca Prawny
paulina.remlein@tias.pl
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