In brief

• New powers of the National Labour Inspectorate (Państwowa Inspekcja Pracy) allow converting civil-law contracts into employment contracts by way of an administrative decision.
• According to commentators, the decision may not only confirm an employment relationship but create it, which raises constitutional doubts.
• The act awaits review by the Constitutional Tribunal (Trybunał Konstytucyjny), whose work in full composition is not yet certain.

Inspectorate's decision instead of a court

The act grants District Labour Inspectorates (Okręgowe Inspektoraty Pracy) a tool in the form of an administrative decision that allows converting a civil-law contract into an employment relationship. The project's authors assured that the decision merely confirms the existence of an employment relationship. According to the assessment of the authors of legal commentaries, rather than an established fact, this is precisely what raises constitutional objections.

Tribunal in limbo

The act still awaits review by the Constitutional Tribunal, and the date when it will resume work in full composition remains unclear. The provisions therefore remain in a state of uncertainty (Ustawa o PIP jednak niekonstytucyjna? – Prawo.pl).

Position of entrepreneurs

The Federation of Polish Entrepreneurs (Federacja Przedsiębiorców Polskich) has published a legal expert opinion setting out objections to the inspectorate's new powers. The organization argues that converting a contract by way of an administrative decision may violate the principles of a state governed by the rule of law and the protection of acquired rights of the contract parties (Czy ustawa o PIP jest konstytucyjna – prawo.pl).

Question of further action

The doubts concern whether, until the Tribunal rules, the labour inspectorate should refrain from issuing such decisions, or whether it may already act on the basis of the law in force.