Employment law in Poland | July 2026
Read about the latest changes in employment law
30 lipca 2026
Employment law in Poland | July 2026Read about the latest changes in employment law30 lipca 2026 Read about the latest changes in employment law State labour inspection reform has come into forceOn 8 July 2026, further provisions of the Act of 11 March 2026 amending the Act on the State Labour Inspection (PIP) and certain other Acts came into force. These provisions have granted the State Labour Inspection (PIP) new powers to reclassify B2B contracts, mandate contracts and other civil law contracts as employment contracts. If, in the course of an inspection, a regional labour inspector finds that the mandate contract or service is being performed under conditions characteristic of an employment relationship, they may issue an order to the employer to remedy the breaches, either by amending the existing civil law contract or by concluding an employment contract in its place. In the event of failure to comply with the instruction, the regional labour inspector may, by way of a decision, establish the existence of an employment relationship or bring an action before the court to determine the existence or terms of the employment relationship. The choice between issuing a decision and bringing an action before the court will rest with the labour inspector; however, establishing the existence of an employment relationship ‘retrospectively’ will only be possible through court proceedings. The labour inspector’s decision to reclassify a civil-law contract as an employment contract becomes enforceable on the day following the expiry of the time limit for lodging an appeal against the decision, i.e. one month from the date of its service (if neither party has lodged an appeal), or on the date of a final court ruling on the appeal, or on the date on which it is declared immediately enforceable in specific cases. On 21 July 2026, the Act was referred by the President to the Constitutional Tribunal for subsequent review, but it remains in force. New provisions on mobbing adopted by parliamentOn 8 July 2026, the upper chamber of the Polish parliament passed the Act of 19 June 2026 amending the Labour Code and the Code of Civil Procedure. The Act simplifies the definition of mobbing, emphasising that the defining feature of such behaviour is the persistent harassment of an employee. The new definition excludes sporadic behaviour and recognises mobbing as a recurring, repeated or persistent phenomenon. It has been clarified that mobbing may originate from a line manager, a colleague, a subordinate, an individual or a group of people. Acts of mobbing are classified as physical, verbal or non-verbal, with the point being made that ordering or encouraging such behaviour also constitutes a mobbing. A new feature is the introduction of a minimum threshold for remedy for suffering mobbing, meaning that an employee will be able to claim a remedy in court amounting to no less than six times the minimum wage. If mobbing has caused harm, an employee will also be able to claim compensation. Furthermore, employers with at least 10 employees will be required to formally implement and communicate to their staff internal policies aimed at preventing mobbing, discrimination and other breaches of the principle of equal treatment. The Act is awaiting the President’s signature – if signed, it will come into force three months after the date of its publication. Simplification of the procedures for applying for sickness benefitsOn 1 July 2026, the Act amending the Act on cash benefits from social insurance in the event of sickness and maternity came into force. The new provisions simplify the rules for applying for benefits – including the carer’s allowance – by introducing a clear distinction between procedures depending on who is responsible for paying the benefit. Where the benefit payer is the social insurance contribution payer (the employer), the procedure for awarding and paying the benefit will be initiated upon receipt of an application submitted in paper or electronic form – with no additional requirements regarding the form of the electronic signature. Where the Social Insurance Authority (ZUS) is the benefit payer, the application may be submitted in paper form or as an electronic document signed with a qualified electronic signature, a trusted signature, a personal signature, or using the ICT system made available free of charge by ZUS – to ZUS’s electronic inbox or to the address for electronic service. Documents attached to an electronic application are equivalent, in terms of legal effect, to a document bearing a wet ink signature. The new provisions also apply to proceedings initiated but not yet concluded before the date on which the Act comes into force. New regulations concerning the maximum temperature in the workplaceOn 27 June 2026, a regulation by the Minister for Family, Labour and Social Policy was published, introducing, for the first time in the Polish law, maximum permissible temperatures in the workplace. Previous health and safety regulations specified only a minimum temperature (14°C for work premises in general, 18°C for office work), but did not set an upper limit. Under the regulation, work must not be carried out if the temperature in work premises exceeds 35°C, or if, in the case of outdoor work involving strenuous physical exertion, it exceeds 32°C, unless technological considerations prevent this. Work will have to be suspended for as long as the temperature, due to weather conditions, exceeds these thresholds. In the case of work carried out indoors, once the temperature exceeds 28°C, or 25°C in the case of heavy physical labour, the employer is obliged to take specific measures, i.e. to implement technical solutions to lower the temperature, such as air conditioning, ventilation, or implementing organisational measures to minimise the impact of temperature on health, e.g. additional breaks or shift work. In the case of work carried out outdoors, once the temperature exceeds 25°C, the employer is obliged to implement appropriate organisational measures to minimise the impact of temperature on health. Employers will be required to consult on these organisational measures with employees through the health and safety committee, or, where there is no obligation to establish such a committee, with employee representatives, and after consulting the doctor responsible for the employees’ preventive healthcare. The Regulation will come into force on 11 January 2027. The next stage in the digitalisation of occupational medicineFrom 18 July 2026, occupational health doctors will be able to issue individual recommendations for employees in electronic form. Until now, these recommendations have been provided exclusively in paper form. This marks the next stage in the digitisation of occupational health records, introduced by the Regulation of the Minister of Health. Recommendations are not the same as a fitness-for-work certificate. Recommendations are preventive in nature – a doctor issues them when, during an examination, they consider that an employee should take specific health-promoting measures, including those relating to non-occupational health aspects. Importantly, individual recommendations are sent exclusively to the employee’s Online Patient Account (IKP) and are not made available to the employer. “eUmowy” system open to all employersOn 20 June 2026, an amendment to the Act on the ICT system for the administration of certain contracts and certain other acts came into force. Since 7 January 2026, the Praca.gov.pl portal has been hosting the free eUmowy system, which enables the electronic conclusion and management of certain types of contracts (including employment contracts and contracts for specific tasks). Thanks to this system, users can draw up documents using the templates provided, affix a trusted, personal or qualified digital signature to them, and store all documentation in one place. Until now, the group of entities authorised to use the system was limited – only individuals, farmers, micro-entrepreneurs and entities employing no more than 9 people could make use of the contract-conclusion facilities. Under the amended regulations, any entity may use the system, regardless of its legal form or scale of operations, including larger employers with more than 9 employees. The amendment also extends the system’s functionality to cover agreements ancillary to the employment relationship, such as non-competition agreements, agreements on professional development, and agreements on employees’ financial liability, as well as voluntary service agreements. In addition, a mechanism has been provided for transferring contracts originally concluded by other means into the system – the parties will be able to register an existing contract in eUmowy without the need to re-sign it. Furthermore, employers will be able to maintain employee records in electronic form directly within the system. Full implementation of the expanded version of the eUmowy system, incorporating all the newly introduced features, is scheduled to take place within three years of the amended regulations coming into force. Ostatnie Publikacje
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