Wolf Theiss Counsel Agnieszka Nowak-Blaszczak and Associate Oliwia Pecht talk about labor in 2025 in Poland.
CEELM: What are the likely most important labor legislative updates you expect in Poland in 2025?
Nowak-Blaszczak: 2025 is expected to bring challenges for employers, with several new regulations on the horizon. These include an amendment to the Labor Code changing the provisions on mobbing, a new law on collective bargaining agreements, a new law on the conditions of permissibility of entrusting work to foreigners in Poland, giving labor inspectors the power to reclassify civil law contracts as employment contracts, and the implementation of the Pay Transparency Directive. Two draft amendments to the Labor Code have been presented. The first, which partially implements the Pay Transparency Directive, has already been submitted to Parliament. The draft is stricter than the directive – it mandates that employers disclose salary information in job postings, whereas the directive merely necessitates that this information be shared prior to the job interview. It also requires employers to respond to employee requests for salary information within 14 calendar days (versus a two-month period). The second was published by the Government Legislation Center in February 2025 and introduces a new simplified definition of mobbing – understood as persistent harassment of an employee that is repetitive, recurrent, or permanent. The draft establishes the employer’s obligation to proactively and continuously prevent mobbing and outlines the specific measures that should be taken. It also specifies that the minimum compensation for mobbing should not be less than six months of the employee’s salary. The draft is criticized because some of the wording raises questions of interpretation (there is a chance that the ambiguous language will be revised).
Pecht: The aim of the new law on collective agreements is to streamline procedures, make negotiations more dynamic, and create a more transparent and adaptable framework for concluding collective agreements. It places considerable emphasis on promoting social dialogue, improving the alignment of working conditions, and facilitating more regular reviews of existing agreements. Moreover, the lower chamber of the Polish parliament has adopted a law regarding conditions of permissibility of entrusting work to foreigners in Poland. The aim is to limit the abuses that occur, streamline the procedures for entrusting work to foreigners, reduce the backlog of cases handled by the offices, and fully digitize the proceedings.
CEELM: Of the above, which ones are you/your clients most excited about and why?
Pecht: Employees and workers’ rights advocates generally support the enhanced enforcement against false self-employment, as it could lead to better social security protections and reduce unfair competition in the labor market. Employers who already prioritize compliance with employment law may welcome clearer guidelines on contract classification.
CEELM: On the flip side, which ones are you/your clients dreading the most and why?
Pecht: A potential update that has raised controversy is granting labor inspectors broad powers to convert civil law contracts into employment contracts if they determine that the criteria for an employment relationship are met. The aim is to protect employees from abuses and the circumvention of labor law and social security regulations.
Nowak-Blaszczak: Many employers oppose giving labor inspectors such powers, arguing that they should be left to the courts. Converting a civil law contract into an employment contract on the basis of an immediately enforceable arbitrary decision creates a risk for employers and the need to go to court to defend themselves. This could result in numerous court cases.
Pecht: Businesses that rely on flexible collaboration models fear that a stricter approach to contract reclassification could limit their ability to structure work arrangements efficiently and increase compliance risks.
CEELM: What are the biggest challenges faced by employers in Poland at the moment?
Pecht: Provided the legislation comes into force we’ll likely see a rise in disputes over contract reclassification. Additionally, companies will require more proactive legal strategies to ensure compliance with evolving labor regulations. Employers are currently struggling with rising labor costs, contractual uncertainties, and increased regulatory control. The planned labor inspectorate powers’ expansion could exacerbate concerns around workforce structuring. Whether these challenges will be adequately addressed depends on the final wording of the reform and its enforcement.
Nowak-Blaszczak: Under the Pay Transparency Directive, employers with more than 250 workers will report on their gender pay gaps the first time in 2027. For that reason, we are likely to see an increased demand to review and assess pay structures and pay progression, identify any existing gaps, and determine how to address these gaps already in 2025.
This article was originally published in Issue 12.1 of the CEE Legal Matters Magazine. If you would like to receive a hard copy of the magazine, you can subscribe here.
