Newsletter

Dear Readers,

In the February edition of our Newsletter, we present the key assumptions of the new draft amendment to the Act on the National Labour Inspectorate. Additionally, we outline the existing judicial line concerning overtime work and time-recording obligations under the task-based working time system. Finally, we present the changes to the rules governing sick leave that come into force this year and draw attention to the electronic platform launched in January enabling the conclusion of employment contracts in electronic form. 

Enjoy your read,

WBW Team

Another Draft Amendment to the Act on the National Labour Inspectorate

Aleksandra Ubrańska, Attorney-at-Law 

The Ministry of Labour and Social Policy has resumed work on the amendment to the Act on the National Labour Inspectorate. On 10 February, a further draft of the bill was published on the website of the Government Legislation Centre. The draft has been approved by the Standing Committee of the Council of Ministers and will most likely be submitted to the Sejm in the near future. Compared to earlier proposals, the new version of the provisions is considerably more moderate and introduces significant modifications with respect to the most controversial solutions. 

Order to Remedy Breaches Prior to Issuing an Administrative Decision 

A key element of the draft remains granting the National Labour Inspectorate the competence to issue administrative decisions establishing the existence of an employment relationship where work is performed under conditions typical for an employment contract, despite the formal conclusion of a civil law contract or in the absence of any contract.

The labour inspector will first issue an order to remedy the identified breach by indicating the necessity to adjust the legal basis of employment to comply with labour law requirements. Only failure to comply with such order will enable the inspector to issue a decision establishing the existence of an employment relationship.

No immediate Enforceability and No Retroactive Effect of the Labour Inspector’s Decision

The decision will not be immediately enforceable by operation of law. Its enforceability will as a rule be suspended until the expiry of the deadline for filing an appeal or until a final court ruling.

Moreover, the inspector’s decision will produce legal effects only prospectively, without retroactive establishment of an employment relationship. Only a court may determine that an employment relationship existed prior to the commencement of the inspection.

As a result, while the new draft strengthens the competences of the National Labour Inspectorate, it introduces important procedural safeguards designed to limit excessive administrative interference and preserve the leading role of labour courts.

Task-Based Working Time does not exempt Employers form settling overtime

Aleksandra Urbańska, Attorney-at-Law

A further labour court judgment confirms the established line of case law according to which a task-based working time system does not eliminate the obligation to settle overtime. The belief that introducing a task-based system grants the employer complete discretion to assign duties without regard to working time limits is incorrect and may lead to costly legal and financial consequences.

A New Judgement Confirming the Existing Case Law

A clear example is the recent judgment of the Regional Court in Olsztyn, which upheld the decision of the District Court in Olsztyn awarding two employees nearly PLN 300,000 for overtime work performed. Although formally employed under a task-based working time system, the employees were required to carry out their professional duties prior to the official start of the working day, as well as late in the evenings and on weekends.

The court found that the nature and volume of the tasks imposed made it impossible to perform them within an eight-hour working day, which in practice resulted in continuous work exceeding the contractual working time.

What is Task-Based Working Time?

It is worth recalling what task-based working time actually entails. It is a system under which the employee independently determines the distribution of their working time; however, general daily (on average eight hours) and weekly (on average 40 hours in a five-day working week) working time standards still apply.

Task-based working time is not “limitless work,” but merely an alternative method of organising and recording work, based on specific deliverables rather than strict office hours (e.g. 8:00 a.m. to 4:00 p.m.).

Under the applicable regulations and established case law, the burden rests on the employer to demonstrate that the tasks assigned can be performed within normal working hours. If the scope of duties is so extensive that the employee must systematically work beyond standard working time in order to fulfil them, this constitutes classic overtime.

The Olsztyn judgment serves as a clear warning: the lack of formal working time records in a task-based system does not protect the employer from claims where the organisation of work requires employees to remain constantly available beyond statutory limits.

The judgment of the District Court is final. Information regarding the ruling was published on LinkedIn by Advocate Dr. Grzegorz Ilnicki, counsel for the claimants. Similar judgments have been issued previously, including, for example, the judgment of the Court of Appeal in Poznań dated 13 June 2024 (case no. III APa 18/22).

New Rules on Sick Leave

Aleksandra Urbańska, Attorney-at-Law

At the beginning of 2026, significant amendments to the rules governing sick leave (medical certificates, “L4”) entered into force. Their purpose is to clarify the obligations of insured persons and to strengthen oversight by the Social Insurance Institution (ZUS). As of 13 April 2026, statutory definitions of gainful activity and activity inconsistent with the purpose of sick leave will apply.

Under the new rules, an insured person loses the right to sickness benefit if, during sick leave, they perform gainful work or undertake activities that may hinder recovery or prolong incapacity for work. At the same time, the provisions expressly state that ordinary activities of daily living do not constitute a breach of the purpose of sick leave.

ZUS has also been granted broader supervisory powers, including the right to request explanations and documentation, as well as enhanced authority to verify the legitimacy of sick leave.

A significant, though deferred, amendment is the possibility of performing work for one employer while being on sick leave with respect to another employer. This solution will enter into force on 1 January 2027 and will be permitted only if such work is not inconsistent with the purpose of the sick leave and does not adversely affect the recovery process.

New free platform of Concluding Electronic Agreements

Aleksandra Urbańska, Attorney-at-Law

In January, the Ministry of Family and Social Policy launched a governmental platform for the electronic conclusion of agreements, available free of charge
via the praca.gov.pl portal. The system is primarily intended for micro-entrepreneurs and aims to simplify employment-related formalities through full digitalisation of the process of concluding and administering agreements.

The platform may be used by micro-entrepreneurs, entities employing no more than nine persons who do not qualify as micro-entrepreneurs, as well as farmers, natural persons, and parents. It enables users to conclude, amend, and terminate agreements (including employment contracts) using ready-made templates and electronic signatures, a trusted profile, or a personal signature. 

The entire process takes place online, without the need to print documents, and concluded agreements may be stored electronically within the system.

The new solution is intended to reduce administrative costs, shorten recruitment processes, and minimise the risk of formal errors. It also signals that the electronic form of concluding agreements is becoming the preferred standard, particularly for entities without extensive HR or legal infrastructure.