Marcin Frąckowiak in a commentary for the Rzeczpospolita daily on the conversion of civil law contracts into employment contracts

Converting civil law contracts into employment contracts may also have negative effects for employees, especially regarding remuneration.
The labour inspector will gain the authority to change the form of employment to an employment contract. If it is not possible to determine the actual amount of salary, the decision will set the remuneration at the minimum wage level. Experts suggest abandoning this solution.

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

“In my opinion, the risk that a regional labour inspector will determine by decision that a given legal relationship constitutes an employment contract with minimum remuneration is purely theoretical, and this provision will rather remain dead law.
Only in situations where the regional labour inspector would be unable to establish the entitled remuneration could they decide that it should be paid at the minimum rate.
But can such cases really be classified as performing work within the meaning of the Labour Code? Probably not. Hence, the chances of this provision being applied in practice are minimal.”

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