Poland’s State Labour Inspectorate proposes new bill with binding employment contract interpretations.
New Bill Released
On Friday, the draft bill on the State Labour Inspectorate from January 28, 2028, was published on the RCL website. It introduces significant modifications compared to the previous version.
Binding Interpretations
The bill introduces a procedure for the Chief Labour Inspector to issue binding individual interpretations on whether a given legal relationship constitutes an employment contract. This is intended to protect entities from potential sanctions if they follow these interpretations, though it will be associated with a fee of 40 zł. Appeals against these interpretations are foreseen to district courts.
Experts point out that similar solutions are provided in tax law. However, as they emphasize, the devil is in the details.
Implementation Challenges
One entrepreneur notes that implementing this solution may be difficult in practice. They remind that according to ZUS data published by Liwiusz Laska, Director General of the Ministry of Family, Labour and Social Policy, over 150,000 companies employ more than one person but none on employment contracts. What happens when all of them request interpretations?
The issuance of these interpretations by the Inspectorate, which has limited resources, may be challenging, especially as a deadline of 30 days from the receipt of a complete application is foreseen.
