flash news: #State Labour Inspection
The planned reform of the State Labour Inspectorate (“PIP”), which includes granting labour inspectors the authority to issue decisions transforming civil law contracts (e.g. contracts of mandate) into contracts of employment, has been called into question in recent weeks because of the position taken by the prime minister who is apparently opposed to the proposed form of the changes.
In his last statement, the Chief Labour Inspector Marcin Stanecki has emphasized that The National Labour Inspectorate does not have authority to impose fines for job advertisements that breach the principle of gender neutrality. However, that does not mean that employers bear no responsibility emphasises Marcin Stanecki, Chief Labour Inspector.
Last week, a meeting of the Standing Committee of the Council of Ministers was held to address draft amendments to the State Labour Inspectorate (PIP) Act that were prepared at the Ministry of Labour, which, among other things, envisages giving labour inspectors the authority to convert civil law contracts into employment contracts. The reform is linked to the disbursement of National Recovery Plan (KPO) funds.
The Chief Labour Inspectorate has published a 42-question checklist, a so-called self-assessment list, for companies and individuals working under civil law contracts (including B2B). Its purpose is to facilitate the assessment of whether, in a given case, the appropriate form of employment is a civil law contract or an employment contract, emphasizing that classification depends on the actual manner of work performance, not a contract’s name.
The Ministry of Family, Labour, and Social Policy has published a third version of draft amendments to the Act on the National Labour Inspectorate which version has significant changes in the area of determining employment relationships. The draft has, among others, the following key changes:
Labour inspectors will soon be able to convert civil law contracts into employment contracts. We have, therefore, prepared an interactive tool that will allow you to assess the risk in the event of an inspection.