New powers of the National Labour Inspectorate – a revolution in the classification of contracts

April 27, 2026

On 2 April 2026, the President signed an amendment to the regulations governing the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP), while at the same time referring it to the Constitutional Tribunal for ex post constitutional review. The new regulations significantly change the position of the PIP within the labour law system by strengthening its inspection and interpretative powers. The Act is to enter into force three months after its publication.

An administrative decision instead of court proceedings

The most groundbreaking change is the granting of authority to labour inspectors to independently determine the existence of an employment relationship by way of an administrative decision. This means that where a civil law contract (e.g. a mandate contract or a B2B arrangement) is challenged, an inspector will be able to formally recognise that the parties are, in fact, bound by an employment contract.

Previously, such determinations fell exclusively within the jurisdiction of labour courts. In practice, this change will significantly accelerate the process of “reclassification” of working relationships and increase the level of risk for employers.

Individual interpretations issued by the PIP

The amendment also introduces an entirely new instrument: the possibility of applying to the Chief Labour Inspector for an individual interpretation. Under this mechanism, the authority will assess whether a planned or existing cooperation model meets the characteristics of an employment relationship.

This solution resembles mechanisms already known from tax law and may serve a preventive function, allowing businesses to assess legal risk before implementing a particular employment model.

Constitutional review – an element of uncertainty

Referring the Act to the Constitutional Tribunal means that the new provisions will be assessed for compliance with the Constitution. The doubts may concern, inter alia, the scope of interference by an administrative authority in civil law relationships and the transfer of certain powers from the courts to inspection bodies.

Importantly, referral of the Act to the Constitutional Tribunal does not suspend its entry into force. This means the new rules will begin to apply before the Tribunal issues its judgment.

Consequences for businesses

• Significantly increased risk of inspections and reclassification of contracts

The expanded powers of the PIP may lead to more frequent challenges to civil law contracts, particularly in sectors relying on flexible forms of cooperation (such as IT, marketing and specialised professional services).

• Faster financial consequences

An administrative decision may result in immediate consequences, including the obligation to pay outstanding social security contributions (ZUS), to correct tax settlements, and to face potential employee claims.

• A new standard for reviewing cooperation models

Employers should conduct more detailed analyses of whether relationships with contractors meet the criteria of an employment relationship, such as subordination, performance of work at a specified place and time, or the absence of economic risk on the side of the service provider.

• Importance of documentation and actual practice

Authorities will examine not only the wording of contracts but, above all, the manner in which they are performed in practice. As a result, it will be crucial not only what is written in the contract, but how the cooperation actually operates.

What the changes in the National Labour Inspectorate mean in practice

The amendment to the regulations governing the National Labour Inspectorate constitutes one of the most significant changes in the field of labour law in recent years. The transfer of certain powers from the courts to inspection authorities, combined with the introduction of individual interpretations, marks a new reality for employers.

In practice, this means the need to:

• review employment and cooperation models,
• assess the risk of contract reclassification,
• adjust cooperation practices to comply with labour law requirements.

The new regulations may significantly affect how work is organised across many sectors, particularly those dominated by flexible forms of cooperation.

Tags classification of contracts, individual interpretation, indywidualna interpretacja, kwalifikacja umów, PIP