{"id":5409,"date":"2026-03-25T11:25:37","date_gmt":"2026-03-25T10:25:37","guid":{"rendered":"https:\/\/clpodatki.pl\/?p=5409"},"modified":"2026-10-13T11:31:04","modified_gmt":"2026-10-13T09:31:04","slug":"pip-reform-2026","status":"publish","type":"post","link":"https:\/\/clpodatki.pl\/en\/pip-reform-2026\/","title":{"rendered":"PIP reform 2026"},"content":{"rendered":"

On March 13, 2026, an amendment to the Act on the National Labor Inspectorate reached the President’s desk. The final version of the amendment retained some of the most prominent provisions, including the ability of labor inspectors to issue administrative decisions converting civil law contracts into employment contracts.<\/span><\/p>\n

What are the key changes?<\/span><\/strong><\/p>\n

New competences of the National Labor Inspectorate: transformation of contracts into an employment relationship by administrative decision.<\/span><\/strong><\/p>\n

The draft amendment provides for granting the National Labor Inspectorate the power to transform civil law contracts into employment contracts, which is undoubtedly the most controversial change, widely discussed from the very beginning of the announcement of changes in the National Labor Inspectorate.<\/span><\/p>\n

In practice, this marks a departure from the previous model, which required referring the matter to a labor court to resolve the matter. The new solution significantly accelerates the process of verifying employment status and strengthens the powers of supervisory bodies.<\/span><\/p>\n

At the same time, the legislator has provided for a “remedial” procedure. Before issuing a decision, the inspector should identify any irregularities and facilitate their removal. Only if the entrepreneur fails to respond does formal proceedings begin, culminating in the issuance of a decision or referral to court.<\/span><\/p>\n

From the perspective of businesses, the ability to challenge the immediate enforceability of a decision is also crucial. Filing an appeal with the labor court, along with a motion to set it aside, will be subject to urgent review, which in practice creates a real opportunity to suspend the enforceability of the inspector’s decision.<\/span><\/p>\n

This solution will significantly reduce the risk of immediate financial burdens that may prove unjustified at the appeal stage.<\/span><\/p>\n

It is also worth noting that the will of the parties will be taken into account during the proceedings, provided that it is not contrary to the provisions of labour law or is not intended to circumvent them.<\/span><\/p>\n

According to the assumptions, the entrepreneur will retain the ability to adjust the cooperation model at the inspection stage, eliminating elements specific to the employment relationship. However, it should be emphasized that the assessment of whether the actions taken constitute a genuine change to the cooperation model or merely an attempt to circumvent the regulations will be of an evaluative nature and, in practice, may raise significant interpretational doubts.<\/span><\/p>\n

When does an employment relationship arise according to the PIP decision?<\/span><\/strong><\/p>\n

The bill contains a significant limitation for both employers and employees. However, unlike the previous version of the bill, the PIP decision cannot establish an employment relationship retroactively; rather, it generally only establishes an employment relationship from the date the decision is issued.<\/span><\/p>\n

In practice, this means that even if the B2B collaboration lasted several years, the National Labor Inspectorate’s decision will have future effects. An exception is provided for situations where, during the inspection, the entrepreneur terminates the civil law contract or actually ends the collaboration. In such a case, the date of conclusion of the employment contract is considered the date the National Labor Inspectorate’s inspection begins.<\/span><\/p>\n

This solution significantly limits the potential financial consequences of the inspector’s decisions, in particular in the area of \u200b\u200bsocial security contributions and employee claims.<\/span><\/p>\n

When will it be possible to establish an employment relationship retroactively?<\/span><\/strong><\/p>\n

However, the bill provides a mechanism to enable the determination of an employment relationship for an earlier period. Specifically, if it is necessary to establish the existence of an employment relationship for a period earlier than the one covered by the decision, the district labor inspector may file a claim with the labor court.<\/span><\/p>\n

In practice, this means that:<\/span><\/p>\n