The ministry of labour published a third version of draft amendments to the Act on the National Labour Inspectorate
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:
- Choice between issuing a decision and referral to a court. If a district labour inspector after an inspection concludes that there are the conditions of works that are specified in Article 22 § 1 of the Labour Code, the inspector will be able to issue a decision confirming the existence of employment, or refer the matter to a labour court. However, the draft does not specify when the inspector will be able to make one decision or the other, which causes doubt in law.
- Immediate enforcement of an inspector's decision. A decision confirming the existence of employment will be subject to immediate enforcement and will have effect in law in terms of taxes and social security from the date it is served on an employer.
- Continuation of employment. If a decision is overturned by the chief labour inspector, or if that decision is overturned with finality in law, the employment established in the decision will continue from the date of service of the decision on an employer until the date it is overturned by the chief labour inspector, or until the overturning becomes final in law, or until employment is terminated if termination occurred before issuance of a ruling final in law.
- Appeals. A party dissatisfied with the decision of a district labour inspector (confirming the existence of employment despite the conclusion of a civil law contract or the performance of work in conditions that should be employment) will be able to appeal to the chief labour inspector.
The draft amendment is intended to improve the enforcement of employee rights, but is controversial, especially, in the context of protecting the interests of employers.