The head of the Ministry of Family, Labor and Social Policy wants to better enforce labor law. Agnieszka Dziemianowicz-Bąk talks about limiting the use of civil law and B2B contracts to avoid obligations arising from an employment contract.
There is a draft law that allows this and it is ready. A more effective fight against garbage collection In Poland, says the new chief labour inspector.
– According to EU regulations, there is a possibility Issuing an order to convert a civil law contract into an employment contractThis change is already an inevitable result, says Marcin Stanicki in an interview with Gazeta Wyborcza.
He stresses that this does not mean “attacking the freedom to conclude contracts”, but only combating abuses that are now becoming more frequent. However, the change is also intended to apply to other alternatives to an employment contract, for example B2B, i.e. cases where a person running a sole proprietorship, for example, concludes a cooperation agreement with an employer.
Special attention will be given to cases where: When this employee was previously bound by an employment contract With this employer When the sole income of his sole proprietorship comes from his previous employer.
Chief Inspector of Labor after the changes It will be decided whether to switch to an employment contract.The decision itself will be administrative, but the employer will be able to appeal such a decision.
The most important thing that distinguishes the working relationship is: Dependency and ability to give ordersThe chief labor inspector explained that leave or benefits alone are not enough.
It is the EU regulations that allow Poland to carry out this type of procedure. the changesThere has been a debate on this topic in Poland for years. Fighting the illusion of self-employmentEmployers encourage their employees to start a business and lure them with higher profits. Thanks to this, the company reduces costs, and employers increasingly use this type of proposal as a prelude to dismissing an employee.
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