Month: September 2025

The Ministry of Family, Labour and Social Policy is set to introduce the most significant changes to employment law in years, specifically addressing workplace bullying and discrimination. This new amendment will place new obligations on employers, heighten legal risks, and require a complete update of internal procedures. What exactly do these changes entail, and who will they impact? How can organisations proactively prepare for these new regulations? What critical training and processes should be implemented to mitigate corporate liability, and what proactive measures are already being adopted by leading companies to foster a safer workplace? – Marcin Szlasa-Rokicki discusses this with Dominika Krysińska, Expert and lecturer at the ICAN Institute, and Paulina Frasunkiewicz, Director of Training Development and Expert Area for the ICAN Institute.

The conversation is available here.

Employer may ask employees to remain available outside of regular working hours – answer phone calls, log into the system, or come to the office if needed. However, the law makes an important distinction – time spent on call does not count as working time unless the employee is carrying out tasks. At the same time, any arrangement must still take into account employee’s right to daily and weekly rest. If the employee is only staying available, and does to actively perform any duties, additional pay is not required. – Sandra Szybak-Bizacka and Michalina Lewandowska-Alama comment for Rzeczpospolita.

Full article in Polish avialible: here.

While the burden of proof rests on the employer to demonstrate a serious breach of employment obligations, it is in the employee’s best interest to cooperate and clear their name. An employee’s conduct during an investigation is often evaluated through the lens of common life experience, which suggests that a person with nothing to hide would willingly submit to an investigation to dispel suspicion. – Karolina Kanclerz and Łukasz Marzec comment for Rzeczpospolita.

Full article in Polish avialible: here.

From an organisational point of view, incorporating contractors into a team is not just a question of changing the name of their contracts. It poses specific challenges, including different payment arrangements, documentation requirements, and a different approach to benefits and bonuses. Who is a contractor from a legal perspective? What types of benefits should they not receive? Can they be part of a bonus system or be granted a sports card? How should benefits provided under a B2B contract or a contract for commissioning services be documented and settled? Finally, how can an organisation protect itself from having a contract based on the Civil Code reclassified as an employment contract? – Kinga Polewka-Włoch and Michalina Lewandowska-Alama comment for Rzeczpospolita.

Full article in Polish avialible: here.

In the age of digital HR processes and widespread access to external time-keeping systems, it is crucial to ensure that the solutions used comply with Polish employment law. Employers are legally obligated to maintain accurate records of employee working time to correctly calculate pay and other work-related benefits. Failure to do so may constitute an offence and result in a fine of up to PLN 30,000. – Kinga Polewka-Włoch and Jan Kozakoszczak comment for Rzeczpospolita.

Full article in Polish avialible: here. 

In connection with the unprecedented violation of Polish airspace, the Territorial Defence Forces (“WOT”) command issued a special Readiness Alert regarding the possible call-up of soldiers for immediate service.

Below we present some key information for employers who employ WOT soldiers in connection with the current situation.

Who will inform the employer about the employee’s call-up from?

• The commander of the military unit shall immediately notify the employer of the call-up of an employee who is a WOT soldier for immediate reporting for duty.

What are the obligations of an employee who is a soldier in connection with the call-up?

• The employee should notify the employer of the call-up – however, it should be remembered that such call-ups take place in exceptional circumstances. Notifications may reach employers with a delay.

What are the employer’s obligations in connection with the call-up of an employee?

• The employer grants such an employee unpaid leave (for the duration of service) in the event of an immediate call-up, based on notification from the head of the military recruitment centre.
• During their leave, employees retain all rights arising from their employment relationship, with the exception of the right to remuneration.

Representatives of EU institutions have expressed their full solidarity with Poland’s actions and remain in constant contact with the Polish authorities. Employers should bear in mind that information from last night suggests that employees who are WOT soldiers may be called up for immediate service.

Employers considering the Ministry’s reduced working hours test program face important business decisions. While the program proposed by the Ministry of Family, Labor and Social Policy is broader and more flexible than it appears, employers must focus on two critical issues. The first is to meticulously plan the program’s implementation within their organisation. Companies should understand that this is not a simple “soft project” and that generic, template-based applications are insufficient.

The second priority is managing employee expectations. Before applying for the pilot program, it is crucial to communicate clearly – for example, through agreements – why the company is participating, what the program will look like, and inform employees that the company may revert to the previous work model if the new system proves ineffective. Finally, while the Labor Code offers many possible avenues for this project, employers must remember that participating in the pilot program does not release them from their legal responsibilities towards their employees. – Marcin Sanetra comments for eGospodarka.

Full article in Polish avialible: here.

Revolution or risk? A major shift in how Polish entrepreneurs settle social security contributions is on the horizon. A draft of the Uniform Insurance File (JPU) was announced in May, outlining a new system that would transfer significant administrative duties from business owners to the Social Insurance Institution (ZUS). Under this proposal, ZUS would independently determine the insurance scheme for employees, calculate all contributions, and prepare a portion of the required documentation. It sounds promising, but as usual, the devil is in the details. A critical question remains: will ZUS assume responsibility for any errors in the settlements it generates? This is a key concern, as it could prevent scenarios where ZUS retroactively questions a contract – sometimes years after the fact – when an individual applies for benefits. The implementation of this system is scheduled for 2028, but development is already underway. – Łukasz Chruściel comments for Dziennik Gazeta Prawna.

Full article in Polish avialible: here.

Today, 2nd September 2025, a draft of new regulations granting the National Labour Inspectorate (PIP) a range of new powers to reclassify contractors as employees has been published (link here). Here are the key takeaways:

Change to employment by administrative decision

Key change concerns PIP’s new power to change civil law contracts into employment contracts through an administrative decision. This applies to contracts for work or services that are not employment contracts – such as mandate contracts, contracts for specific work, agency contracts, service contracts, including B2B arrangements with independent contractors. PIP decision would specify, with a retroactive effect, the date the employment contract is deemed to have been concluded, the date work commenced, the place of work, working time, and the remuneration rules.

Importantly, such administrative decision will be immediately enforceable, both with respect to employment-related impact and to employer’s tax and social security obligations – i.e. with effect going forward. If an appeal is filed from the administrative decision to the court, only enforceability of the decision regarding social security contributions and taxes for the period prior to its issuance will be suspended until a final court ruling is issued.

District labour courts – already overburdened with work – will hear appeals. Settling the dispute or submitting it to arbitration will be, by law, not permitted in such cases.

New inspection methods

In other changes, PIP will be able to conduct certain inspection activities remotely. This will be relevant, for example, when conducting site inspections. In addition, hearings may be conducted via videoconference, and such hearings will be recorded. Moreover, PIP will gain the right to demand access to documents in an electronic form, as well as demand preparation of summaries, calculations and data analysis.

Higher fines

The draft law increases fines for offences against employee rights. Some types of penalties have been raised, with the upper limit reaching as much as PLN 90,000 (USD 25,000) per violation.

Cooperation between authorities

PIP will receive data from ZUS (Social Insurance Institution) and KAS (National Revenue Administration) obtained during inspections conducted by those authorities. The details of cooperation between PIP-KAS-ZUS are to be determined separately.

Timeline

The act is scheduled to enter into force on 1 January 2026.

We are closely monitoring the legislative process and will keep you informed of further developments.

 

Download the PDF file: here.

Today variable salaries have become almost standard part of employment packages. They complement base salary but also play a key role in boosting motivation and job satisfaction. The biggest challenge is designing a system that truly supports these goals, delivers real benefits both for employees and employers, and at the same time does not lead to potential legal disputes. – Sandra Szybak-Bizacka and Anna Szulc comment for Rzeczpospolita.

Full article in Polish avialible: here.