Poland considers empowering labour inspectors to confirm employment status

At a glance

• The Polish government is considering a significant shift in employment law enforcement. Under proposed reforms to the Labour Inspectorate Act, the State Labour Inspectorate (PIP) is considering introducing new powers for labour inspectors.
• The Chief Labour Inspector has indicated that these plans could come into force in early 2026, however this currently looks unlikely.
• The proposed changes stem from longstanding concerns about the effectiveness of labour inspectors in challenging the misuse of civil law contracts.
• If enacted, the proposed powers would significantly enhance PIP’s ability to enforce employment law and could lead to increased scrutiny of civil law contracts.
• Employers should monitor legislative developments closely, particularly any formal bill introduced in Parliament.

Background

The Polish government is considering a significant shift in employment law enforcement. Under proposed reforms to the Labour Inspectorate Act, PIP is considering introducing new powers for labour inspectors, namely, the ability to confirm the existence of an employment relationship through an administrative decision.

Key developments

The Chief Labour Inspector has indicated that these plans could come into force in early 2026. At this stage, the draft law has been published on official government websites, but the proposal still needs to go through the full legislative process. There is some scepticism about the likelihood of these powers being granted so soon.

Context and rationale

The proposed changes stem from longstanding concerns about the effectiveness of labour inspectors in challenging the misuse of civil law contracts. These contracts, particularly contracts of mandate and self-employment arrangements (B2B), are often used in circumstances that resemble employment relationships, so circumventing employee protections under the Labour Code.

According to PIP’s 2024 annual report:

• Inspectors conducted over 10,000 inspections targeting misclassified civil law contracts.
• The proportion of challenged contracts has declined year-on-year: 4.8% in 2022, 4.5% in 2023, and 3.6% in 2024.
• Most challenges involved contracts of mandate; only three self-employment contracts were challenged in 2024.
• Inspectors filed 24 lawsuits in 2024 to establish employment relationships, with limited success (only four resulted in favourable judgments).

PIP attributes the limited impact of litigation to its time-consuming nature and has found that issuing recommendations and formal requests to employers is a more effective enforcement tool.

Implications for employers

If enacted, the proposed powers would significantly enhance PIP’s ability to enforce employment law and could lead to increased scrutiny of civil law contracts. Employers using such contracts should:

• Review the substance of contractual arrangements to ensure they do not reflect characteristics of employment relationships (eg subordination, fixed working hours, or integration into the employer’s organisation).
• Monitor legislative developments closely, particularly any formal bill introduced in parliament.
• Consider proactive compliance measures, including legal audits and training on contract classification.