HR Radar | Reclassification of b2b contracts into employment contracts

According to recent announcements by the Chief Labor Inspector, the Labor Inspectorate will be provided with tools to convert a civil law contract into an employment contract. The changes are aimed at fighting apparent self-employment. A key criterion for possible reclassification is supposed to be subordination and the ability to give instructions to individuals providing services under b2b contracts.

Although there are no published assumptions of the draft law yet, there are already voices coming from the Ministry that it favors this concept. Changing a b2b contract into an employment contract would also be possible within the framework of an administrative decision issued by the Labor Inspectorate, and not solely by a court ruling. If the Labor Inspectorate determines that a b2b contract meets the conditions for an employment relationship, it would be converted by a Labor Inspectorate decision into an employment contract. Such a decision will be subject to appeal to the court.

It is worth looking at your structures today and monitoring the changes in this regard!

Download: HR-Alert-Przekwalifikowanie-umow-b2b-na-umowy-o-prace.pdf