MRPiPS has published a new draft act amending the Act on the National Labour Inspectorate and certain other acts.

The draft will most likely be considered at Thursday’s meeting of the Standing Committee of the Council of Ministers.

Summary of the most important issues arising from the content of the new draft:

1.  PIP authorities are to be authorized to issue an order to remove violations concerning:
   • the functioning of a civil-law contract, or
   • the actual performance of work by a person for remuneration
   under conditions in which, pursuant to Article 22 § 1 of the Labour Code.

2. Only after failure to comply with the order to remove violations in this scope will PIP authorities be authorized to determine, by way of a decision, the existence of an employment relationship, in a situation where a civil-law contract was concluded or a person actually performs work for remuneration under conditions in which, pursuant to Article 22 § 1 of the Labour Code, an employment contract should have been concluded.

3. PIP will be able to issue a decision or file a lawsuit with the court to determine an employment relationship.

4. The Chief Labour Inspector, at the request of the employing entity, will be able to issue an individual interpretation regarding the application of labour law provisions concerning the determination of whether the legal relationship presented in the application constitutes an employment contract within the meaning of Article 22 § 1 of the Labour Code.

5. Key changes regarding the rules for issuing decisions by the PIP authority:
   • The date of concluding the employment contract is the date of issuing the decision by the regional labour inspector

   *Subject to the proviso that if, during the period between the date of commencement of the inspection and the date on which the decision becomes final, the civil-law contract is terminated at the employer’s initiative or this contract is terminated by notice by the employer, or the actual performance of work ceases at the employer’s initiative, the date of concluding the employment contract is the date of commencement of the inspection.
   • With respect to the period between the date of commencement of the inspection and the expiry of the deadline for filing an appeal, the labour law provisions on general and special protection of employees against termination or dissolution of an employment contract apply accordingly to the contract.
   • The decision produces legal effects associated with confirming the existence of an employment relationship under labour law, tax law, social insurance and health insurance regulations, as well as mandatory contributions to funds referred to in separate regulations, from the date of its issuance.
   • At the same time, the decision becomes enforceable on the date the deadline for filing an appeal expires or on the date of a final court ruling.
   • An appeal against the decision of the regional labour inspector may be lodged with the district court in whose jurisdiction the place of work determined by the regional labour inspector’s decision is located (there is no stage of appealing the decision to the GIP). The appeal is filed through the regional labour inspector, who may consider the appeal fully justified and amend or repeal the contested decision. The fixed fee for an appeal is to amount to PLN 200.
   • In Article 34(2) and (2a), provisions concerning the content of the decision — the content of the employment contract — have been retained.
   • The draft act does not provide for immediate enforceability of the decision. The decision may be subject to immediate enforceability in general cases specified in the Code of Administrative Procedure.

6. The Chief Labour Inspector is to specify, by way of an ordinance, guidelines containing criteria for assessing factual circumstances applied by the National Labour Inspectorate when determining the existence of an employment relationship, taking into account the need to ensure objective and uniform operating standards.

7. Changes to the CPC
   • In cases concerning the determination of the existence or content of an employment relationship, the court may examine the case in closed session if the existence or content of the employment relationship raises no doubts and the court, having regard to the overall assertions and evidence taken so far, considers that holding a hearing is not necessary. The parties should be informed of the possibility of issuing a judgment in closed session and enabled to present their position in a procedural pleading within a period of no less than 7 days.
   • The court may issue an interlocutory judgment only as to the existence of an employment relationship, and as to the content of the employment relationship — order either a further hearing or its adjournment.
   • The presiding judge and the court are obliged to take actions so that the date of the session at which the case is to be heard falls no later than one month from the date of filing the statement of claim, and if the statement of claim had deficiencies — from the date those deficiencies were remedied.
   • In a case for determining the existence or content of an employment relationship, or in a case concerning an appeal against a decision of a regional labour inspector on the confirmation of the existence of an employment relationship, the court grants security consisting in that, during the proceedings, the contract may be amended, terminated by notice, or dissolved only under the rules set out in labour law provisions concerning general and special protection of employees against termination or dissolution of an employment contract. If required for the protection of the employee’s rights, the court shall additionally regulate the rights and obligations of the parties to the contract for the duration of the proceedings.

8. Entities which, within 6 months from the date of the act’s entry into force, voluntarily bring the situation of persons with whom they cooperate under civil-law contracts into compliance with the law by concluding an employment contract, are not to be subject to liability specified in Article 281 § 1(1) of the Labour Code.

9. The act is to enter into force after 3 months from the date of promulgation.

The draft is available on the RCL website