Ministry of Labour I want to grow my privileges. State Labour Inspection. It is to gain the right to transform civilian law contracts into employment contracts by administrative decision alternatively than only by court as is presently the case. The hotel confirms work on this solution, but experts do not leave a dry thread on it.
New PIP permissions enter. The State Labour Inspectorate (PIP), in cooperation with the Ministry of Family, Labour and Social Policy (MRPiPS), is working on a bill aimed at combating self-employment. According to the ministry's announcements, PIP is to gain fresh competences – it will be able to order the change (recast) of existing civilian law contracts (such as B2B contracts, work contracts or contract contracts) to work contracts.
In the current legal state, the only way to reclassify a civilian law contract into a contract of employment is to bring an action for determination to court.
A key criterion for possible retraining is the existence of a subordination relation and the anticipation of giving orders to service providers under civilian law contracts. In addition, the State Labour Inspection will look peculiarly at cases in which the contract for B2B was changed in the same company.
According to experts, the planned changes are intended to undermine the freedom to conclude contracts. any besides say that specified regulations may be unconstitutional. The changes may besides mean that there will be an increase in the burden – both for workers and for those employing them. Experts besides anticipate the closure of businesses, especially the smallest ones, due to the fact that they will not be able to bear the additional costs.
The project's authors defend themselves by claiming that the PIP improvement aims to strengthen this institution so that it can respond effectively to violations of workers' rights, protecting both workers and (fair) employers. The fresh powers are intended to let inspectors to act more effectively, which in turn is intended to improve working conditions in Poland.
Although the authoritative assumptions of the bill have not yet been published, the ministry expressed support for this idea. The conversion of B2B into a contract of employment would be possible by means of an administrative decision issued by the PIP and not only by virtue of a court ruling. Where the PIP considers that the B2B agreement fulfils the conditions of employment relationship, it would be converted into an employment contract on the basis of an administrative decision against which it could be appealed to the court.
Highly left-wing Minister Agnieszka Dziemanowicz-Bąk provides that the bill on changes in the State Labour Inspection will be ready in a fewer months. For entrepreneurs, this means that they should already carefully analyse the content of the contracts and guarantee that the current form of cooperation in the company does not pose a hazard of retraining. It is besides worth considering any changes to minimise possible risks.
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