The most important changes include:<\/p>\n
The National Labour Inspectorate (PIP) now has the authority to issue administrative decisions confirming that cooperation carried out under a civil law contract in fact constitutes an employment relationship. In practice, this means the obligation to treat the contractor as an employee, together with all the consequences arising from labour law regulations, tax regulations and social security regulations. Before issuing such a decision, however, the company should receive a request to remedy the identified irregularities.<\/p>\n
The new regulations expand the scope of inspection activities that can be carried out using electronic means of communication.<\/p>\n
Companies will be able to apply to the Chief Labour Inspector for interpretations concerning the cooperation models they use. This is intended to increase legal certainty and reduce the risk that such models will be challenged during inspections.<\/p>\n
The regulations provide for improved exchange of information between the National Labour Inspectorate (PIP), the Social Insurance Institution (ZUS), the National Revenue Administration (KAS), as well as the use of analytical tools to identify entities with an increased risk of violations.<\/p>\n
What do these changes mean for companies?<\/strong><\/p>\n The actual organisation of cooperation will be of key importance, rather than merely the wording of contracts. Therefore, it is advisable to review the cooperation models currently used, prepare documentation and procedures for inspections, including remote inspections, and ensure the people responsible for cooperation with contractors are appropriately prepared. The increasing powers of the National Labour Inspectorate mean that preventive measures and regular assessment of whether cooperation models comply with regulations are becoming an important element of reducing legal risk.<\/p>\n