Will the contract be mandated in writing - new PIP ideas


The National Labor Inspectorate, on the basis of written employment contracts, concluded with an employee even before allowing him to perform work, under penalty of perjury, proposes the introduction of similar contracting arrangements. How does it look in practice?

PIP proposal

 Employment contracts must be made in writing and similar policies are intended to introduce a PIP for civil law contracts. The proposal is that contract contracts would have to be confirmed in writing even before commencement of work by the contractor. This should help to eliminate abuses in the employment sector. There are no examples of employers who explain the lack of a civil law contract for an employee in that they work only the first day and have not yet managed to sign a contract.

According to the inspections, such modifications would effectively combat illegal employment and syndrome not only of the above-mentioned "first day" but also of the first "week", because according to the law, the employer has a full 7 days to apply for a civil law contract. Currently, the contract does not need to be concluded in writing.

Written confirmation for employment contracts

Before the employee is allowed to work in the company as a result of entering into an employment relationship (employment contract) from 1 September 2016, the company must confirm this fact in writing. Thanks to these solutions, only a few cases of "first day syndrome" have been reported in the first four months.

PIP would like to extend this obligation also to civil law contracts, hoping for the effectiveness of applying such regulations in the case of contracting employment.

According to the skeptics, the need to confirm in writing civil law agreements could have a negative impact on the principle of contractual freedom and would unduly interfere with civil law. The proposed changes also blur the existing clear differences between the employment relationship and the civil-law relationship.

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