Ladies and gentlemen,
Recently, a draft amendment of the Act on State Labour Inspection appeared at the Government Legislative Centre. According to him, the State Labour Inspectorate will be entitled to establish the existence of an employment relationship in situations where a civil law contract has been concluded under conditions in which a contract of employment should be concluded in accordance with Article 22(1) of the Labour Code.
The amending law would come into force on January 1, 2026. Currently, the bill is pending and is in the opinion stage.
Nevertheless, it should be pointed out that the entry into force of the abovementioned amendment will result in the possibility of making administrative decisions to reclassify, in particular, B2B contracts having the characteristics of employment contracts. The above will be possible without judicial action, which will undoubtedly speed up the work of the authorities in this area.
As this is an important topic from the perspective of entrepreneurs (e.g. minimum wage, protection from dismissal and other contractual rights) we would like to point out that pre-emptive measures are important in this regard.
Therefore, we would like to propose that you carry out an audit of civil law contracts in order to verify that they do not bear the characteristics of a contract of employment defined by the provisions of the Labour Code. This action is recommended and desirable in particular for entities that cooperate with a significant number of people under a business-to-business contract.
If you have any further questions in this respect, we are at your disposal.