New Labour Inspection Rules in 2026 – Are You Ready?

Upcoming Changes in the National Labour Inspectorate – What Awaits Employers and Employees?

With the draft bill amending the Act on the National Labour Inspectorate (PIP) and certain other acts, prepared by the Ministry of Family, Labour and Social Policy, one of the most significant modifications to the employee protection system and labour market oversight in recent years is on the horizon.

The aim of the proposed changes is to strengthen the role of labour inspectors by equipping them with effective tools to respond to violations of the law and to align the mechanisms of the Labour Inspectorate with European standards. According to the government’s plan, the bill is to be adopted by the end of 2025. If so, both employers and employees will soon have to prepare for the upcoming changes.

Administrative Decisions on Employment Relationships

One of the most revolutionary (and controversial) changes is granting PIP inspectors the power to issue administrative decisions confirming the existence of an employment relationship.

This means that if, in the inspector’s view, a civil law contract actually meets the criteria of an employment contract (as defined in Article 22 § 1 of the Labour Code), the inspector may order its conversion into an employment contract without referring the case to a labour court.

Currently, inspectors do not possess such powers – they may only submit motions to the labour court, which rules on these cases in judicial proceedings. To protect workers from long-lasting litigation, such a reform has been planned.

An inspector’s decision will take effect from the date of issuance, granting the individual full employee status. Employers will then be obliged to pay wages under an employment contract, maintain personnel files, grant leave, and provide sick pay. Importantly, the decision may also set retroactive dates of employment, potentially obliging employers to pay employee benefits retrospectively.

Only the tax and social security consequences of periods prior to the decision will be suspended until the appeal period expires or a final court ruling is issued. Appeals against the inspector’s decision must be filed within seven days to the Chief Labour Inspector, and then within a further seven days to the local labour court.

Remote Inspections and Digitalisation

The reform introduces the possibility of remote inspections, allowing PIP to conduct procedures online. This includes workplace inspections, live video interviews with witnesses, and electronic submission of documents.

Inspectors will be able to use live video to assess machinery, equipment, or working conditions. Employers will correspond electronically during inspections, submitting explanations and objections by e-mail, while the inspection protocol will be issued digitally.

Data Exchange Between PIP, ZUS, and KAS

The National Labour Inspectorate will be granted the right to cooperate and exchange data with the Social Insurance Institution (ZUS) and the National Tax Administration (KAS).

This will accelerate the identification of irregularities, especially regarding contributions and taxes. Data will be exchanged digitally, with fully automated verification processes, significantly enhancing efficiency.

Increased Budget and Higher Penalties for Employers

For 2026, PIP’s funding is expected to increase by around 10%. At the same time, stricter penalties will be introduced, particularly for misuse of civil law contracts.

• Maximum fines imposed in administrative proceedings will double – from PLN 2,000 to PLN 5,000.

• Court-imposed fines may rise up to PLN 60,000.

Risk-Based Inspections

Labour inspections will be planned based on risk analysis, with annual and long-term strategies focusing on industries and sectors most vulnerable to labour law violations.

Preparing Employers for the Reform

Although the bill is still at the legislative stage and may undergo further amendments, employers should already start preparing. The process may be time-consuming and requires a thorough review of current employment practices.

Employers should:

• Audit civil law and B2B contracts – check whether they contain characteristics of employment and adjust documentation to reflect reality.
• Define models of cooperation – clearly distinguish employment contracts from outsourcing or service contracts and prepare internal policies justifying these distinctions.
• Develop alternative cooperation models – to protect competitiveness and ensure compliance with the new system.
• Organise documentation and records – ensure compliance with labour law requirements across HR and payroll processes.
• Conduct training for HR, payroll, tax, and procurement teams – prepare staff for new procedures and possible inspections.
• Prepare an inspection response plan – including communication strategies and step-by-step scenarios in case of PIP audits.