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Poland · HIGHER EDUCATION

Poland’s labour inspectorate rules university lecturers must be employed, not freelance

State Labour Inspectorate says outside experts teaching at Polish universities must work on employment contracts, not civil-law agreements.

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Poland’s State Labour Inspectorate (PIP) has issued landmark rulings that could transform how Polish universities employ teaching staff, according to Bankier.pl. The inspectorate has determined that individuals delivering classes – including external experts and practitioners – must work under employment contracts rather than civil-law agreements.

The decision came despite arguments from universities emphasising the considerable autonomy and schedule flexibility enjoyed by lecturers.

University sought freelance status for specialists

The case reached the inspectorate through a new individual interpretation procedure launched after PIP reforms took effect on 8 July. An institution educating 17,000 students requested an opinion on its plans to sign commission contracts with external practitioners – including judges, legal advisers, barristers, doctors and surveyors – for whom teaching would represent supplementary professional activity. A second application concerned lecturers on postgraduate programmes, Gazeta Wyborcza reports.

The university argued that these specialists would not fulfil the complete range of duties expected of full-time academic staff, such as research work or year-group supervision, but would limit themselves solely to lectures and grading. The application highlighted the highly flexible nature of the collaboration: no fixed hours, with lecturers indicating preferred times before the timetable is finalised; no service orders, with teaching staff enjoying autonomous freedom in selecting teaching methods within the general syllabus; no exclusivity and the inclusion of a substitution clause, allowing work elsewhere and the appointment of a replacement in exceptional circumstances; and use of personal equipment, including private laptops and self-funded professional liability insurance.

Inspectorate identifies organisational subordination

The State Labour Inspectorate rejected the university’s reasoning entirely. In its justification, the body stated that the fundamental form of work at a university is an employment relationship, because every lecturer is subject to organisational subordination.

The inspectorate noted that classes take place based on syllabuses approved by the university Senate, forming part of the official study programme. Lecturers must comply with the university’s work organisation, timetables and regulations. Delivering classes constitutes work of a permanent and repetitive nature, not a one-off commission.

PIP also addressed the flexible schedule argument: facilitating an employee’s ability to combine duties with personal life or other work is a statutory employer obligation under the Labour Code and does not negate employment status. Meanwhile, the possibility of appointing a substitute is marginal, since the university employs a specific individual on account of their individual knowledge and reputation. In other words, features characteristic of an employment relationship accumulate.

Experts warn of strict new approach

Legal professionals and labour market experts point to far-reaching consequences of the rulings. Robert Nogacki, managing partner at Skarbiec law firm, told Gazeta Wyborcza that PIP has applied a new principle: subordination is not determined by the fact of issuing orders, but by the mere fact that the university possesses the tools to do so – regulations, syllabuses and faculty authorities. The lawyer also criticised the inspectorate for unilaterally adding duties such as office hours and consultations arising from study regulations to the obligations of freelancers, ignoring the university’s application.

Dr Marcin Wojewódka emphasised that a small number of hours does not constitute an obstacle to an employment contract, since the Labour Code provides for part-time employment. He added that carrying a personal laptop or paying for professional liability insurance does not create a protective shield against the employment requirement. Dawid Stępniewski from EY Polska observed that even a high level of expertise or creativity does not exclude employment if features of subordination predominate.

Przemysław Hinc, a tax adviser, reminded readers that an individual interpretation protects only the entity that applied for it. However, the line of rulings established by PIP clearly indicates the direction of forthcoming inspections at Polish universities.

The Ministry of Science and Higher Education declined to take a clear position when asked for comment, responding that personnel policy matters and labour law activities fall within the exclusive competence of each university’s rector.

What this means for Poles in Poland

This ruling could affect thousands of professionals who combine their main career with part-time teaching at Polish universities. Those currently working on commission contracts (umowy zlecenia) may need to be reclassified as employees, which brings both benefits and obligations. Employment contracts offer greater protections, including statutory holiday entitlement, sick pay and pension contributions, but also limit flexibility and may affect tax treatment.

Universities will face higher costs, as employment contracts require employer social insurance contributions to ZUS, Poland’s social insurance agency, whereas commission contracts often place the burden on the contractor. Academic institutions may need to review thousands of existing arrangements and budget for increased staffing costs. While this interpretation currently binds only the institution that requested it, legal experts warn it signals PIP’s approach in future inspections across the sector. Anyone currently teaching under a civil-law agreement should monitor whether their university initiates contract reviews and seek advice on how the change affects their tax, insurance and employment rights.

Source: Bankier.pl — finanse. Written by the newsroom with the help of AI tools, based on the source reporting. Editorial standards