Polish employment law changes on labour inspections, mobbing and Ukrainian workforce

In February 2026, amendments were adopted to three statutes aimed at introducing significant changes to labour law. These changes may affect employers’ obligations as well as the employment models and structures they use.

1. Amendment to the Act on the National Labour Inspectorate (PIP)

In February 2026, the Council of Ministers adopted a draft amendment to the Act on the National Labour Inspectorate and certain other acts. This amendment constitutes another stage in the planned reform of the Inspectorate. Under the proposed provisions, if an inspector determines that a civil law contract is being performed under conditions that are characteristic of an employment relationship, they will first issue an order to remove the infringement. If this order is not complied with, the matter will be referred to the regional labour inspector, who may issue a decision establishing the existence of an employment relationship, or bring a case before the relevant labour court.

An appeal against the regional labour inspector’s decision may be lodged with the court within one month of service via the issuing authority. The draft also provides for interim measures, whereby the court may amend, terminate or invalidate the contract during proceedings exclusively in accordance with labour law. Motions for interim relief will be examined within three days.

Furthermore, the Chief Labour Inspector is to be given the power to issue binding individual interpretations as to whether a given legal relationship constitutes employment. Where the factual circumstances identified during inspection differ from those described in the application, the relevant authority may assess the actual nature of the relationship.

The act is currently awaiting the President’s signature.

2. Amendments concerning mobbing

The Council of Ministers adopted a draft amendment to the Labour Code and the Code of Civil Procedure. Employers with at least nine employees will be required to implement and communicate internal policies on the prevention of mobbing, discrimination and other breaches of equal treatment.

The definition of mobbing has been simplified to focus on persistent harassment while excluding incidental conduct. Mobbing may originate from a superior, subordinate, co-worker or from an individual or group and may take physical, verbal or non-verbal forms, including instructing or encouraging such behavior. The definition is independent of the perpetrator’s intent or the occurrence of damage; however, justified managerial actions carried out appropriately are excluded.

Employees will be entitled to compensation of no less than six times the minimum wage for non-pecuniary loss. Employers may seek recourse against the perpetrator.

3. Provisions concerning Ukrainian nationals

In February 2026, the President signed an act phasing out certain measures introduced under the act on assistance to Ukrainian nationals in connection with the armed conflict and amending other acts. The new legislation provides for a gradual withdrawal of special measures and the inclusion of Ukrainian nationals under the general temporary protection regime in the EU, irrespective of nationality. The validity of visas and residence documents will be extended until 4 March 2027.

The act also regulates access to the Polish labour market. The rules governing the employment of Ukrainian nationals under temporary protection have been clarified and transferred to the act on the conditions for entrusting work to foreigners. Employers will remain obliged to notify such; however, failure to notify will not render the employment illegal.