Poland advances labour law reform with SLI reclassification powers and new anti‑mobbing rules submitted to the Sejm

The Council of Ministers has adopted two bills intended to introduce significant changes to labour law, which in 2026 may substantially affect employers’ obligations as well as the employment models and structures they use. The first bill amends the Act on the State Labour Inspection and grants regional labour inspectors the authority to reclassify civil law contracts as employment contracts by way of an administrative decision. The second bill introduces, among other things, changes to the Labour Code, including a new definition of mobbing and an obligation on employers to actively and continuously prevent mobbing.

New powers of the State Labour Inspection regarding the reclassification of civil law contracts

The bill provides that regional labour inspectors will be authorised to issue decisions confirming the existence of an employment relationship. Such a decision may be issued if the employing entity does not comply with an inspector’s instruction to eliminate irregularities related to the use of a civil law contract or the actual performance of work in circumstances where an employment contract should have been concluded. The inspector will have two options: (i) issuing a decision confirming the existence of an employment relationship or (ii) filing a claim with the labour court to establish the existence of an employment relationship or determine its terms.

A decision confirming the existence of an employment relationship will produce legal effects only for the future. This means that obligations arising from labour law, tax law, social and health insurance and mandatory fund contributions will arise only from the date of the decision. However, in certain situations, the decision may produce legal effects from the date the inspection commenced (e.g. if the civil law contract is terminated, notice is given or the performance of work is effectively discontinued at the employer’s initiative). At the same time, the inspector may file a claim with the court to establish the employment relationship for the earlier period.

An appeal against a regional labour inspector’s decision on the existence of an employment relationship may be lodged with the court. The appeal must be filed through the regional labour inspector within one month of delivery of the decision. The bill also provides for the possibility of a court‑ordered interim measure under which, during the proceedings, the contract may be amended, terminated or dissolved only in accordance with labour law provisions. Applications for interim measures are to be examined within three days of receipt by the court.

The bill further introduces the possibility of obtaining an individual interpretation from the Chief Labour Inspector regarding the legal classification of a given relationship as an employment contract. Individual interpretations are to be published in the Public Information Bulletin (anonymised) and forwarded to the Social Insurance Institution and the National Revenue Administration. The Chief Labour Inspector will be required to develop guidelines specifying the criteria inspectors will apply when determining the existence of an employment relationship, ensuring uniform standards of operation.

Notably, the bill also provides for an increase in penalties to PLN 60,000 or PLN 90,000 for violations of employee rights.

Mobbing – redefinition and new employer obligations

The draft introduces an obligation for employers to actively and continuously prevent mobbing and breaches of the principle of equal treatment. This includes implementing preventive actions, detection mechanisms, appropriate responses and remedial measures as well as providing support for persons affected by mobbing or unequal treatment. Employers with at least nine employees will be required to implement internal regulations specifying rules, procedures and the frequency of actions aimed at preventing violations of dignity and other personal rights, breaches of equal treatment, discrimination and mobbing. These regulations must be agreed with trade unions or employee representatives.

One of the most significant changes is the modification of the definition of mobbing. Under the bill, mobbing will be defined as conduct consisting of persistent harassment of an employee, where “persistent” is understood as repetitive, recurring or continuous behaviour (incidental acts will not fall within the definition). Such conduct may be physical, verbal or non‑verbal. Mobbing may originate not only from the employer but also from a supervisor, peer, another employee or a person performing work on a basis other than an employment relationship, whether from a single individual or a group. The bill also introduces changes to the definitions of discrimination and the forms of harassment and sexual harassment.

The proposed legislation provides employees with the right to claim compensation of no less than six times the minimum wage from the employer or damages. The employer may subsequently seek recourse from the person whose behaviour constituted mobbing.

Both bills have been adopted by the Council of Ministers and submitted to the Sejm for further legislative proceedings.