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Legislation Monitoring Centre
In Poland there is neither an internet portal nor an institution for employers responsible for monitoring the legislation process of regulations that determine the rules for business activity. At present employers  learn about changes in the law mainly from mass media or simply through the grapevine, usually with delay.



Twelve key remarks of Employers of Poland on the draft of the act on the 12 PLN per hour minimum wage

  1. Proposed changes can worsen the condition of the labour market by increasing the number of contracts of order and facilitating the growth of the grey market. Therefore, the results may be contrary to lawmakers'  intentions.


  1. The pursuit of unifying civil contracts with contracts of employment will result in removing the distinction between them, and in turn legally sanctioning atypical employment forms, as well as providing an incentive to use them.


  1. Introducing the proposed minimum per hour wage is an excessively far-reaching interference with the principle of the freedom of contract. It is also in conflict with the regulations of the Civil Code, stating that a contract of order may have a non-monetary nature.


  1. The suggested minimum wage is higher than in the case of contracts of employment, which favors those working on contracts of order. Such a difference may be seen as an infringement of the constitutional principle of equality.


  1. The regulations included in the draft do not address the issue of contracts which are underway in public procurement and the need to renegotiate them and valorize the remuneration – which will have an impact on the labour market at large and the so-called “simple services” sector.


  1. Introducing the minimum wage with regards to persons conducting economic activity who realize orders by themselves is redundant due to the value of the social insurance contributions they pay.


  1. The drafted regulations make it impossible for the parties to agree on a lump sum payment which would be the equivalent of the actual workload required to do the job with due diligence.


  1. In practice, introducing remuneration defined by a per hour rate would lead to a total liquidation of provisional payment (used a.o. in direct sales), where the value of remuneration depends on efficiency rather than on working time.


  1. Introducing the obligation to evidence working hours for all forms of contracts would create yet another administrative burden, the realization of which may be a fiction. In the case of micro-entrepreneurs this requirement could even lead to  them losing some of their orders to bigger entities.


  1. The draft does not include the possibility of verifying the number of working hours which may lead to abuses and conflicts between the parties with regards to remuneration.These would be settled by civil courts, leading to a further slowdown in court procedures.


  1. The competences of the National Labour Inspectorate would be significantly increased and include civil law as well (controlling wage payment and the evidence of working hours for employees on contracts of order and the self-employed). This interferes with the specificity of the Inspectorate’s competences and the legal foundations of its functioning.


  1. Failure to diversify minimum wages in the first year of work would result only in transforming the wage discrimination of graduates into discrimination manifesting itself in making it harder for them to find jobs.



Employers of Poland