At a glance
- On 6 August 2026, the first draft of the Act on the Performance of Work through Digital Labour Platforms (Act) was published on the website of the Government Legislation Centre (RCL).
- The key feature is the rebuttable presumption of the existence of an employment relationship; a mechanism which, in this specific form, is novel in the Polish legal system.
- The draft Act also provides for administrative fines ranging from PLN2,000 to PLN60,000 for specific infringements.
- The Act is to enter into force one month following its publication, although a six-month transitional period has been envisaged for certain obligations. At present, the draft remains at a very early stage of the legislative process.
The Act on the Performance of Work through Digital Labour Platforms is a first draft of the Polish implementation of the Platform Work Directive (Directive). EU Member States are required to implement the Directive by 2 December 2026. The draft represents the first comprehensive attempt to regulate the platform economy within the Polish legal framework.
Scope and definitions
The draft Act defines, among other things, four entities participating in platform work arrangements:
- Digital labour platform.
- Person performing work through a platform.
- Platform worker.
- Intermediary.
The draft defines a digital labour platform as a natural or legal person providing a service that cumulatively satisfies four conditions:
- It is provided at least partially at a distance by electronic means (e.g. through a website or mobile application).
- It is provided at the request of a recipient of services.
- An essential and significant, rather than merely secondary or ancillary, element of the service consists in organising work performed by natural persons for remuneration, regardless of whether such work is carried out online or at a specific location.
- It involves the use of automated monitoring systems or automated decision-making systems.
A person performing work through a platform means any natural person performing work through a digital platform, regardless of the legal basis of cooperation and irrespective of the contractual classification adopted by the parties.
A platform worker is an employee performing work through a platform.
The draft also defines intermediaries participating in the relationship between the platform and the person performing work, who bear joint and several liability with the platform towards the person performing work through the platform, including for:
- compliance with prohibitions and obligations set out in the Act relating to the processing of personal data of persons performing work through platforms;
- compliance with the obligations of the digital labour platform relating to the use of automated monitoring systems or automated decision-making systems;
- payment of compensation or damages due to a person performing work through the platform for infringement of that person's rights as a result of an unlawful decision taken or supported by an automated decision-making system which has not been amended within two weeks of being made;
- payment of compensation or damages for infringement of the rights of a person performing work through the platform provided for in the Act.
Presumption of the existence of an employment relationship
One of the most significant solutions provided for in the draft Act is the introduction of a rebuttable presumption of the existence of an employment relationship.
The presumption of the existence of an employment relationship may be established as a result of one of two situations:
- an inspection carried out by the National Labour Inspectorate; or
- an application submitted to the National Labour Inspectorate (PIP) by a person performing work through a platform (or a representative of persons performing work through a platform), making it plausible that, based on the factual circumstances, the platform or intermediary exercises managerial authority over that person, in particular through supervision or control, irrespective of the contractual relationship or the designation of the contract by the parties.
Where the factual circumstances established during the inspection referred to in item (i) above, or the information contained in the application referred to in item (ii) above, make it plausible that an employment relationship exists between the digital labour platform and the person performing work through the platform, while that person performs work on another legal basis, PIP will be required to initiate proceedings aimed at determining the existence of an employment relationship.
Notice initiating proceedings to determine the existence of an employment relationship
Under the draft Act, the presumption of the existence of an employment relationship would be applied by means of a notice initiating proceedings to determine the existence of an employment relationship.
The recipients of the notice would be:
Where proceedings are initiated on the basis of an application, the digital labour platform or intermediary will have 14 days from receipt of the notice to rebut the presumption, with the burden of proof resting upon them.
Where proceedings are initiated following an inspection conducted by PIP, the person performing work through the platform will also be entitled to rebut the presumption. At the request of that person, the digital labour platform or intermediary will be required to provide, without delay, the information necessary to enable the rebuttal of the presumption.
Before applying the presumption, PIP may conduct an inspection in order to establish the factual circumstances. However, application of the presumption does not need to be preceded by an inspection.
Importantly, the presumption of the existence of an employment relationship applies in all administrative and judicial proceedings, except criminal, tax and social security proceedings. It is worth noting that the Directive does not require Member States to extend the presumption to those categories of proceedings, but nor does it preclude them from doing so.
If the digital labour platform or intermediary succeeds in rebutting the presumption, PIP will issue a decision discontinuing the proceedings.
PIP decision determining the existence of an employment relationship
If the presumption is not successfully rebutted, the labour inspector will issue an administrative decision determining the existence of an employment relationship and specifying: (1) the parties to the employment relationship, (2) the type of contract, (3) the date of conclusion of the employment contract, (4) working time, (5) place of work, (6) type of work, and (7) remuneration.
Where the available evidence is insufficient, the following default parameters will apply: 1i) an indefinite-term employment contract, (2) full-time employment, (3) the statutory minimum wage; and (4) the employer's registered office as the place of work or, where there is no registered office within the territory of Poland, the area of jurisdiction of the regional labour inspector conducting the proceedings.
The decision will have effect only prospectively, from the date on which it is issued. In order to establish the existence of an employment relationship for any earlier period, PIP will be required to lodge a separate claim before the labour court.
PIP may issue a decision with immediate enforceability where the person performing work through a platform is subject to special protection against termination of employment under the Labour Code, for example where that person benefits from pre-retirement protection.
An appeal against the decision may be lodged directly with the labour court. Where the decision is declared immediately enforceable, a complaint against such an order may likewise be filed with the labour court.
Importantly, a decision determining the existence of an employment relationship gives rise, from the date of its issuance, to the legal consequences associated with a finding of an employment relationship under labour law, tax law, social security law, health insurance law and obligations relating to statutory fund contributions.
Interruption of the limitation period
The draft Act provides that the initiation of proceedings by a regional labour inspector to determine the existence of an employment relationship interrupts the limitation period for employee claims. The limitation period will begin to run anew only upon the final conclusion of the administrative or judicial proceedings concerning the individual's employment status.
Protection of platform workers
The draft also contains mechanisms intended to prevent circumvention of proceedings concerning the determination of an employment relationship through the termination of cooperation with a person performing work through a platform.
If, following the commencement of an inspection or service by PIP of a notice initiating proceedings, a digital labour platform or intermediary terminates its agreement with a person performing work through a platform or causes that person to cease actually performing work, this will not prevent a determination that an employment relationship exists. In such a case, the date of commencement of the inspection or the date of service of the notice initiating proceedings, as applicable, will be deemed to be the date of conclusion of the employment contract.
Furthermore, where, after the initiation of an inspection or proceedings to determine the existence of an employment relationship and before the expiry of the deadline for filing an appeal or the date on which a court judgment becomes final, the digital labour platform (or intermediary) terminates its agreement with the person performing work through the platform or causes that person to cease actually performing work, that individual will benefit from the protection afforded by selected provisions of labour law. This applies in particular to the rules governing general and special protection against dismissal or termination of employment, as well as the provisions limiting the use of successive fixed-term employment contracts. Time limits for challenging the termination of employment will commence only upon the date on which the decision or judgment determining the employment relationship becomes final.
Prohibition on processing certain personal data by digital platforms
The draft Act also prohibits the processing, through automated monitoring systems or automated decision-making systems, of certain categories of personal data relating to:
- emotional or psychological state;
- private conversations, including conversations with other persons performing work through the platform or with representatives of such persons;
- periods during which platform work is neither offered nor performed;
- the exercise of fundamental rights, including the right of association, collective bargaining, information and consultation rights;
- information enabling the determination of racial or ethnic origin, religion, political opinions or beliefs, disability, trade union membership, migration status, health status, including chronic illness or HIV status, sex life or sexual orientation;
- biometric data used for identity verification by comparison with the biometric data of other natural persons.
Breach of this prohibition may result in an administrative fine imposed by the President of the Personal Data Protection Office of up to EUR20,000,000 or, in the case of an undertaking, up to 4% of its total worldwide annual turnover for the preceding financial year.
Algorithmic management
Platforms will be required to provide workers and their representatives with information regarding automated monitoring and decision-making systems and to identify all categories of decisions supported or taken by automated decision-making systems that have any impact on persons performing work through the platform.
In relation to automated monitoring systems, the information must include: (1) confirmation that such systems are used or introduced, (2) the categories of data processed and activities monitored, supervised or assessed by such systems, including evaluations carried out by service recipients, (3) the purposes and methods of monitoring, (4) identification of recipients or categories of recipients of personal data processed by such systems, and (5) confirmation of transfers or disclosures of personal data processed by such systems, including within a group of undertakings.
In relation to automated decision-making systems, the information must include: (1) confirmation that such systems are used or introduced, (2) identification of categories of decisions taken or supported by such systems, (3) identification of categories of data and the main parameters used by such systems, together with the significance of such parameters in automated decision-making, including the way in which the personal data or behaviour of the person performing work through the platform affects decisions, (4) justification of decisions restricting, suspending or deleting a platform worker's account or refusing payment for work performed, or decisions having an equivalent or adverse effect; and (5) justification of decisions amending or terminating a contract, or decisions having an equivalent or adverse effect.
Information provided to workers must be concise, transparent, intelligible and easily accessible, using clear and plain language.
PIP, the President of the Personal Data Protection Office, and persons performing work through a platform may also request that such information be provided in greater detail.
The impact of decisions taken or supported by automated monitoring or decision-making systems on persons performing work through the platform and on their working conditions and equal treatment must be assessed at least every two years with the participation of representatives of persons performing work through the platform. Where supervision or assessment reveals a high risk of discrimination or infringement of rights resulting from automated systems, the platform will be required to take remedial measures, including modification of the systems or discontinuation of their use.
At the same time, platforms will be required to ensure adequate human resources for the supervision and evaluation of automated monitoring and decision-making systems. In practice, this means appointing individuals with appropriate qualifications, competencies and authority to monitor the operation of algorithms, including the ability to review and overturn automatically generated decisions.
Decisions taken or supported by automated decision-making systems
According to the draft Act, decisions concerning: (1) termination of cooperation, (2) restriction of account functionality, (3) account suspension, and (4) account deletion (or other measures causing equivalent harm), must be taken by a human being.
Where a digital labour platform issues a decision concerning a person performing work through a platform that is taken or supported by an automated decision-making system, that person has the right to request an explanation of the decision, either orally or in writing, in a transparent, clear and understandable manner using plain language.
In the case of decisions concerning (1) the restriction, suspension or deletion of an account, (2) refusal to pay remuneration for work performed; (3) an agreement concluded with that person, or any measure producing a similar effect, or (4) essential elements of that person's employment relationship or other contractual relationship, the reasons for the decision must be communicated in writing no later than on the date on which the decision becomes effective.
The person performing work through a platform is also entitled to request a review of the decision. The digital labour platform must provide a duly reasoned response within two weeks, either in paper or electronic form.
Where a decision taken or supported by an automated decision-making system infringes the rights of a person performing work through the platform, the digital labour platform must amend the decision within two weeks of its adoption or, where amendment is not possible, offer appropriate compensation or redress.
Protection of persons performing work through a platform
The draft provides protection for persons performing work through a platform against retaliatory measures. Initiating proceedings to enforce rights arising under the Act or submitting a complaint to a digital labour platform may not constitute grounds for adverse treatment or result in any negative consequences for that person.
At the same time, the draft provides protection against the termination of an agreement (or any measure having an equivalent effect) forming the basis for performing work through a platform. Such termination may not be based, among other things, on (1) reliance on the presumption of the existence of an employment relationship, or (2) exercise of the right to data portability.
A person performing work through a platform whose rights under the Act have been infringed is entitled to pursue all available pecuniary and non-pecuniary claims, including appropriate compensation or damages.
Sanctions
Failure to comply with information obligations, procedural requirements and other duties arising under the Act will be punishable by a fine ranging from PLN2,000 to PLN60,000.
When determining the amount of the sanction, the following factors will be taken into account: (1) the nature of the infringement, (2) its severity, (3) its duration, and (4) the number of platform workers affected by the infringement.
The draft is expected to be adopted by the Council of Ministers during Q4 2026 and subsequently submitted to the Polish Parliament. Given that the implementation deadline for the Directive falls on 2 December 2026, it remains uncertain whether the legislation will enter into force within the expected timeframe. It should nevertheless be borne in mind that the draft is still at a very early stage of the legislative process and that, therefore, both its final shape and the timetable for further legislative work may change significantly.
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