Pip goes hunting. What can an employee do in the new situation?

New powers of PIP inspectors – new worries for companies and employees. From the very beginning, entrepreneurs took the position that the state should not change contracts concluded by companies with employees based on administrative decisions. In their opinion, this violates the freedom to conclude contracts and the individual’s freedom to decide about his or her commercial activity.

Given the possibility of transforming a mandate contract into an employment contract, the employee finds himself between a rock and a hard place. Especially if the case goes to court. And it will happen, because employers also fought for this opportunity.

Distribution of forces in disputes about the nature of employment. Will the employee suffer as a result?

In an interview given to the daily on the first day of the new regulations coming into force, the Minister of Labor, Agnieszka Dziemianowicz-Bąk, argues that the state cannot promote slyness and explains what the employee should do now.

In her opinion, the vast majority of employers respect the law: they pay wages and overtime on time, offer full-time positions where the actual situation requires it, and respect the right to leave, so nothing will change for them. The inspection will only confirm the legality of their actions. Those who believe that lowering employment standards is a way to make quick profits should be afraid.

– The entry into force of the PIP reform raises justified concerns about the balance of power in disputes over the nature of employment – ​​explained prof. Grażyna Spytek-Bandurska from the Federation of Polish Entrepreneurs.

And this is a justified fear, especially from the employee’s point of view.

Dispute between PIP and the employer. An employee in the grip of the system

– The voluntary nature of signing garbage contracts is questionable. If a candidate for a job in security, catering or cleaning services hears from the employer: “You sign an order or look for another job”, then talking about free will is an abuse – argues Minister Agnieszka Dziemianowicz-Bąk in DGP. – That’s what the state is for, to protect him from this coercion – he adds in the interview.

Until now, the employee had to apply to the labor court to establish the existence of an employment relationship, and few people decided to do so for fear of losing their job. Now he can report the case to the National Labor Inspectorate. If the employer does not comply with the inspector’s recommendations, administrative proceedings begin, which may end with a decision to transform the civil law contract into an employment contract. The PIP decision will also include information on the amount of remuneration.

But when the employer appeals to court, the employee is left in a dramatic situation – in the middle of the dispute. According to the ministry, labor courts will issue security for the duration of the proceedings – protection against dismissal and termination of the contract overnight.

The employee will go to court anyway. No industry will be favored by inspections

There is one more catch – PIP decisions will not be retroactive, which means that the date of conclusion of the employment contract will be the date of its issuance. An employee who also wants to explain the previous years of work under an unfavorable contract will have to go to court with the PIP decision and ask to find out whether he also worked under an employment relationship and not a junk contract one, two or three years earlier.

The PIP inspection plan is to be created based on the number of complaints and risk analysis thanks to the exchange of data between ZUS, KAS and PIP – no industry will be favored for inspections. – Where abuses occur, there are more reports and sanctions appear more often, the probability of control will be greater – warns the minister.

Employers have one year to independently adapt employee contracts to changes in labor law.