Commentary by Marcin Frąckowiak on Separate Court Proceedings for Prawo.pl

New Powers for the National Labour Inspectorate and Separate Court Proceedings in Cases Concerning Employment Relationship Determination

A draft law has been published on the website of the Government Legislation Centre, proposing that regional labour inspectors be authorized to issue decisions stating the existence of an employment relationship in cases where a civil law contract was concluded instead of an employment contract. The draft also introduces a separate judicial procedure for appeals against decisions issued by the Chief Labour Inspector (GIP), prohibiting settlements and arbitration in such cases.

As noted by Marcin Frąckowiak, Managing Counsel and Attorney-at-law in the Labour Law Department at Sadkowski and Partners:

“Employees often choose civil law contracts for various reasons. (…) This concept is out of touch with modern times. One only needs to consider the youngest generations entering the labour market — they demand flexible working conditions, not traditional employment contracts.”

The full article is available on Prawo.pl.

Read the article here