Marcin Frąckowiak on new criteria for the definition of employment relationship for Prawo.pl

The Chief Labour Inspectorate plans to change the definition of the employment relationship by adding new criteria to those already existing. In addition to the current subordination, which includes the ability to issue orders and determine the place and time of work, employers could also decide, for example, on the dress code of employees.

About the article

In an article for Prawo.pl, Marcin Frąckowiak  – Managing Counsel and Attorney-at-law in the Labor Law Department in Sadkowski and Partners – commented on this topic. Our expert pointed out that in this situation, instead of changing the law, it would be sufficient for the Chief Labour Inspector to issue guidelines. This way, everyone would be aware of the criteria currently being verified.

According to our expert

As he stated: “These are additional criteria meant to help labour inspectors determine the existence of an employment relationship, but this does not mean that inspectors do not already use them. What is to be included in the Labour Code is already on the inspectors’ unofficial lists today.”

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