Government makes changes to PIP reform
Last week, a meeting of the Standing Committee of the Council of Ministers was held to address draft amendments to the State Labour Inspectorate (PIP) Act that were prepared at the Ministry of Labour, which, among other things, envisages giving labour inspectors the authority to convert civil law contracts into employment contracts. The reform is linked to the disbursement of National Recovery Plan (KPO) funds.
Following this meeting, Minister Maciej Berek reported in the media that significant changes had been made to the draft which included, in particular:
- labour inspectors must first issue a compliance order on the basis of which parties will be able to conclude an employment contract or correct in another manner the legal relationship binding between them,
- only if an inspector rejects the solution adopted by the parties will it be possible to issue an administrative decision,
- an inspector's decision will only have effect for the future (except for employment protection),
- a decision will be enforceable only when it becomes final (when it can no longer be appealed),
- an inspector, instead of issuing a decision, will be able to refer a case to court,
- PIP will be given the authority to issue interpretations that will protect employers against possible non-compliance.
A draft incorporating the above arrangements has not yet been published.
Work on the bill could extend until the new year which means that the entry into force of the planned changes will probably be delayed by several months.