The issue of reforming the powers of the Polish National Labour Inspectorate (PIP) returns

On 30 January 2026, a new draft amendment to the Act on the Polish National Labour Inspectorate and certain other acts (No. UD283) was published. The draft provides for a significant strengthening of the powers of the Polish National Labour Inspectorate (PIP) in combating the unlawful replacement of employment contracts with civil law contracts.

The draft proposes granting labour inspectors the authority to determine the existence of an employment relationship in cases where work is in fact performed under the conditions set out in Article 22 § 1 of the Labour Code, despite the conclusion of a civil law contract or the lack of a formal employment contract.

Under the proposed provisions, a district labour inspector will be able to issue an administrative decision confirming the existence of an employment relationship or to bring an action before a labour court.

Order to remedy violations

A new element is the stage preceding the issuance of a decision – the inspector will first issue an order to remedy the violations. At the same time, the draft provides for a clarification of the rules governing the issuance of oral decisions and orders by inspectors during inspections.

In the case of orders concerning the determination of the existence of an employment relationship, referred to in Article 11 point 7a of the Act on the National Labour Inspectorate, an obligation is introduced to set a 14-day deadline for their implementation.

The entrepreneur will be able to comply either by concluding an employment contract or by amending the content or manner of performance of the civil law contract so that it no longer bears the characteristics of an employment relationship. The assessment of whether the order has been properly implemented will rest with the labour inspector.

In addition, the draft introduces a provision limiting the period for which a district labour inspector may determine the existence of an employment relationship. This period may not exceed three years, calculated retrospectively from the date on which the proceedings are initiated.

This is yet another attempt to reform the powers of the Polish National Labour Inspectorate – more details and key information for employers are presented in our article: Will Polish National Labour Inspectorate (PIP) convert civil law contracts into permanent employment contracts? Draft law – key information for employers in Poland before 2026.

Jurisdiction of the district labour inspector

One of the proposed changes assumes that the authority competent to issue the decision will be the district labour inspector. This is intended to emphasise the exceptional nature of this legal measure and to ensure a more thorough analysis of the factual and legal circumstances than in the case of decisions taken by the inspector conducting the inspection.

Employee protection

Pursuant to the proposed Article 34(2h) of the Act on the National Labour Inspectorate, the issuance of a decision by a district labour inspector confirming the existence of an employment relationship may not constitute grounds for any adverse treatment of the employee. In particular, such a decision may not serve as a reason for termination of the employment relationship or for termination of the employment contract without notice by the employer.

Moreover, the draft provides for an amendment to Article 281 § 1 of the Labour Code by extending the catalogue of offences against employee rights to include cases involving a breach of the prohibition on adverse treatment of an employee in connection with the issuance of a decision confirming the existence of an employment relationship. This solution is intended to ensure real protection for employees in situations where employers undertake retaliatory or repressive actions.

Individual interpretation as a new protective instrument for employers

A significant new feature is Article 14b, under which the Chief Labour Inspector, at the request of the employing entity, will issue an individual interpretation concerning the classification of a given legal relationship. The interpretation will be issued within 30 days, for a fee of PLN 40, in the form of a decision subject to appeal to a labour court.

The interpretation will not be binding on the employing entity; however, the employing entity may not be subject to administrative or financial sanctions or penalties to the extent that it has complied with the obtained individual interpretation, nor may it be charged levies at a level higher than that resulting from the interpretation. The interpretation will, however, be binding on the labour inspection authority competent for the employing entity and may be amended or repealed solely in the event of a change in the circumstances of the case.

Transitional provisions

According to the draft, the act is to enter into force after three months from the date of its publication.

It should be emphasised, however, that the final wording of the provisions is not yet known. We will keep you informed on an ongoing basis of any significant changes.

Source: The article was created in collaboration with our cooperation partner – sdzlegal Schindhelm Law Office

If you have any further questions or require additional information, please contact your business relationship person or use the enquiry form on the HLB Poland website.

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