In brief

• The Chief Labour Inspector found that regularly tidying the office and preparing mailings does not show the characteristics of an employment relationship.
• Whether a cooperation is classified as employment depends on how the work is performed, not merely on how long it lasts.
• The assessment may change if the contractor is subordinated like an employee.

Assessment of the Chief Labour Inspector

The Chief Labour Inspector found that tidying a company's office and preparing mailings twice a month does not have the characteristics of an employment relationship within the meaning of art. 22 of the Labour Code (Usługi utrzymywania porządku mogą być zleceniem – interpretacja GIP – Prawo.pl). Factors considered important were that the parties set the dates, the time of performance is not rigidly fixed, and the contractor may arrange a substitute.

Objections of the inspectorate

The National Labour Inspectorate emphasised that a cooperation lasting several years does not in itself determine the existence of an employment relationship (Państwowa Inspekcja Pracy. Sporadyczne sprzątanie bez etatu – Rzeczpospolita). However, the assessment may change if the manner of performing the tasks indicates subordination characteristic of employment.

What this means for entrepreneurs

The key question is whether the contractor actually works independently: whether they set dates within the agreed framework, can send a substitute, and do not receive ongoing instructions like an employee. The more the relationship resembles a full-time job, the greater the risk that the inspectorate will classify it as employment.