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Friday, December 3, 2021

Contract of mandate, specific work or employment contract. PIP is preparing changes

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Chief Labor Inspector is to gain new powers. According to the draft bill, an administrative decision will allow him to change a civil law contract into an employment contract, writes “Dziennik Gazeta Prawna”. It is not certain, however, whether the solution will be supported by the Sejm.

As “DGP” writes, the project, which would facilitate and make the inspection activities more effective, is being prepared by the National Labor Inspectorate itself. “One of its most important assumptions is to be the right to convert non-employee employment (self-employment, orders, works) into a full-time job. Inspectors would issue an administrative decision, and those who did not agree with it would have to appeal to the court” – we read.

The newspaper points out that this is a role reversal, because at present, if the inspector believes that the contract is performed under conditions characteristic of a full-time job, he can only ask the employer to convert the contract or to the court to establish the existence of the employment relationship.

Whether or not these changes come into force depends on the Sejm to which PIP is subject. “DGP” points out that MPs do not say no, but emphasize that the amendment has a wide scope and it will not be easy to implement.

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Contract of mandate or work – changes

The daily reminds that MPs from Law and Justice, still under the PO-PSL government, submitted a draft amendment in this matter, but are now carefully assessing the chances of changing the regulations. – Remember that in the Polish Lada there is a proposal to standardize employment, that is to eliminate junk contracts. The National Labor Inspectorate is also working on a comprehensive amendment to the act on inspections, which is more extensive than the conversion of contracts. And it is easier to introduce an amendment to a specific solution in the Sejm than a thorough reform in many respects – explains Janusz Śniadek, PiS MP, chairman of the Labor Protection Council (ROP) at the Sejm of the Republic of Poland, in an interview with “DGP”.

According to prof. Jacek Męcina from the University of Warsaw, advisor to the management board of the Lewiatan Confederation, “transforming civil law contracts into full-time jobs by an administrative decision would not be consistent with the applicable legal system.” – Of course, public institutions function on a daily basis on the basis of an administrative procedure, but I do not think that this is the right path to establish the existence of an employment relationship. It is difficult to imagine that the administrative courts would deal with the investigation of such cases – in the event of an appeal by the employer – assesses Jacek Męcina in an interview with the newspaper.

The data of the Central Statistical Office show that in 2019 1.2 million people were earning on the basis of an order or work (without an employment contract), and 1.3 million were self-employed.

“Last year, the National Labor Inspectorate inspected 24.7 thousand civil law contracts, of which 2.2 thousand (8.8%) were concluded under conditions indicating an employment relationship. As a result of soft interventions by the National Labor Inspectorate (speeches, recommendations) in 2020 1.5 thousand people were awarded employment contracts under civil law contracts (in the more representative year, due to the sanitary situation, it was 3.8 thousand people) “- the newspaper indicates.

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