Poland’s government plans to extend State Labour Inspection powers to determine employment status, with inspections potentially taking up to six months.
Extended Inspection Powers
The reform of the State Labour Inspection Act, which the Council of Ministers will consider in the coming days, provides for significant extension of inspectors’ powers. It introduces an effective mechanism to prevent the inappropriate replacement of employment contracts with civil law contracts.
Mandatory Process for Contract Verification
The State Labour Inspection has been granted the authority to determine the existence of an employment relationship when a civil law contract has been concluded under conditions where, according to Article 22, paragraph 1 of the Labour Code, an employment contract should have been concluded. However, issuing such a decision in a mandatory, not voluntary, manner will involve establishing factual circumstances, hearing the interested party and witnesses, and then participating in any appeal to court.