The Ministry of Labour, together with the State Labour Inspection (SLI), is aiming to introduce changes to the SLI’s powers over so-called disguised employment contracts next year. According to them, it will be the SLI official, not the court, who will be able to transform a civil law contract or a B2B contract into employment contracts by a decision of the official. The amendments may postulate the retroactivity of such a decision.
The new Chief Labour Inspector Marcin Stanecki cut off speculation and admits that the introduction of such a regulation is already ‘rather a foregone conclusion’.
Under the postulated changes, an employee would not have to take a court case for an employment contract – a decision by the labour inspector at the moment when, for example, our new employer asks us to set up a sole proprietorship, or issues a contract of mandate, and the scope of duties corresponds to the terms of the employment contract, would be sufficient.
Amendments to civil law contracts, including B2B, would take place at the request of the employee or as part of a control on the initiative of the office itself.
The above changes shift the competence of the courts to the officials, which may raise concerns.
