The Parliament passed a big change for employees. Labor inspection receives new powers

The Sejm passed an amendment to the Act on the National Labor Inspectorate, which significantly expands the competences of inspectors in the field of inspection of forms of employment. In accordance with the adopted regulations, PIP will gain tools to respond to situations when civil law contracts or B2B contracts actually meet the features of an employment relationship.

Act adopted

230 MPs voted for the adoption of the act, 20 were against and 178 abstained. The reform was supported by the vast majority of clubs forming the current ruling coalition. From the Civic Coalition club, 150 MPs voted for the bill, two were against. In the PSL, 28 parliamentarians supported the bill, with one abstaining from voting. The Left, Polish 2050 and Center clubs fully supported the project.

In the PiS club, the majority of MPs abstained from voting – 176 of them. Two voted against the bill. All voting members of the Confederation also voted against the reform.

During work on the project, the Sejm adopted a package of amendments recommended by the Social Policy and Family Committee. The changes were mainly of a clarifying and legislative nature. However, the Confederation’s motion to reject the bill in its entirety, as well as the amendments submitted as minority motions, were rejected.

One of the changes adopted was an amendment submitted by the KO, PSL and Left clubs. It clarifies that in administrative proceedings regarding the labor inspector’s decision, the will of the parties will be taken into account, provided it does not conflict with labor law, the principles of social coexistence or leads to the circumvention of the law.

The adoption of the act was commented on by the Minister of Family, Labor and Social Policy, Agnieszka Dziemianowicz-Bąk, on social media. She emphasized that the new regulations strengthen the National Labor Inspectorate and are the result of dialogue and cooperation between social partners and coalition partners. According to her, the adoption of the reform brings the system closer to greater stability and employee security.

According to the parliament’s work schedule, the bill will now go to the Senate, which is to consider it during its session starting on Thursday.

New PIP rights

The new regulations provide that it will be possible to appeal against a labor inspector’s decision first to the district labor inspector and then to the labor court. Until the final decision is made, the inspector’s decision will be suspended, which means that the act does not introduce the rigor of immediate enforceability of the decision – as previous proposals for changes assumed.

The project also assumes that if irregularities are detected, the district labor inspector will be able to choose the appropriate method of reaction. He may issue an order to remove irregularities, issue a decision confirming the existence of an employment relationship or refer the case to court.

After the inspector’s decision, the employer and the employee will be able to conclude an employment contract. If such an action is accepted by the inspector, the proceedings will be completed without the need for further administrative action.

The parties will also be able to change the manner of implementing the civil law contract so as to remove elements specific to the employment relationship. The labor inspector will assess whether the order was carried out correctly. If the assessment is negative, it will be possible to initiate administrative proceedings or take the case to court.

An appeal against the decision of the district labor inspector may be submitted within 30 days. The draft also provides that the labor court should consider such an appeal within 30 days.

The reform of the National Labor Inspectorate is one of the so-called milestones related to the implementation of the National Reconstruction Plan. The possibility of disbursing funds from this program depends on its adoption.

The chairman of the All-Poland Alliance of Trade Unions, Piotr Ostrowski, assessed the new regulations as a compromise solution. He pointed out that the original version of the project was more favorable from the point of view of employee protection, but the adopted amendments did not change the overall positive reception of the reform. In his opinion, the act strengthens the role of the National Labor Inspectorate and is the right direction for changes in the labor market.