Upcoming changes and draft bills in labour law.
What should companies, and particularly HR departments, be prepared for? Upcoming changes in labour law
The end of 2025 and the beginning of 2026 are going to be a period of intense changes in labour law. Part of the changes has already been adopted, part of them is at the stage of consultations or legislative works. The common denominator of these changes is the need to order internal procedures, adjust documents and prepare employers for new obligations.v
The most important issues that will soon become relevant to employers are presented below.
1. Change in calculating years of work experience
The Act on Work Experience is significantly expanding the catalogue of periods taken into account to the work experience. Years of work experience will include:
- periods of conducting business activity,
- performing work under civil law agreements and B2B contracts,
- working abroad,
- breaks for childcare related to suspending business activity,
- participating in agricultural production cooperatives.
The new regulations will enter into force on 1 January 2026 for employers from the public finance sector and after 6 months from the publication in the Journal of Laws for the rest of employers.
The changes may impact the amount of annual leave, right to seniority pays, long-service awards and other benefits that depend on the seniority. It is thus worth looking now at the company regulations and prepare for the possible adjustments.
2. Transparency of remuneration in recruitment process
On 24 December 2025, provisions implementing the EU Directive on Transparency of Remuneration in the recruitment process enter into force. The new regulations provide for information obligations towards candidates, such as:
- informing the candidate about the basic remuneration and all bonuses and benefits in the job advertisement or before the job interview, or, before signing the employment contract at the latest;
- informing the candidate about the relevant provisions of the collective agreement or remuneration regulations regarding the offered remuneration;
- providing for gender neutrality in job advertisements and names of job positions;
- refraining from asking questions about remuneration at present job and in previous job positions.
The remuneration information must be given in writing or electronically.
The companies that want to act in accordance with the law and avoid misunderstandings should revise their remuneration regulations, payment policies and recruitment systems. We work with many organisations in this scope and support them in preparing cohesive and objective rules of remuneration.
3. Draft bill on rights of State Labour Inspection
The draft of the Act on State Labour Inspection is currently under development. Under the draft bill, district labour inspectors will gain competences to issue administrative decisions stating that labour relationship exists – also when the parties concluded a civil law agreement or B2B contract.
The inspector may conclude that the employment relationship has existed up to three years backwards. They will also be able to file claim to the labour court to establish employment relationship if they do not decide on issuing the decision.
The inspector’s decision is to cause immediate effect in the scope of employee rights, which means that the employed person will immediately gain the status of an employee. For the period from the day of delivering the decision, the employer will be obliged to pay social insurance premium and taxes, even if the case has not yet been finally resolved by the court. The effects of the decision with respect to taxes, social insurance and health premiums for the period from the day when the employment relationship is established will be suspended until the day when the deadline for filing an appeal lapses. If the appeal has been filed, the suspension ends on the day of issuing the final court decision.
Both the inspected entity and the person affected by the decision will have the right to appeal to the Chief Labour Inspector and next, to court. The employers should thus examine the concluded B2B contracts and their models of cooperation to eliminate the risk of recognising them as employment contracts.
4. Update of rules on mileage allowances
The Ministry of Infrastructure has proposed new rates of mileage allowances that also include among others, vehicles with hybrid, electric, and hydrogen engines. Monthly mileage limits for local drives will remain the same.
Interim regulations are provided for lumpsums, which means that part of the settlements will have to be made pursuant to the new regulations. HR and accountancy departments will thus have to prepare an update of internal procedures.
5. Electronic sick leaves
The planned amendment of regulation of the Minister of Health introduces electronic medical certificates. The documents will be sent directly to the employers through the Medical Information System and the examined employee will have the certificate in their Internet Patient’s Account.
The change will facilitate document workflow. However it requires adjusting health and safety procedures and communication with labour medicine units.
6. Easements in concluding collective agreements
The new Act on Collective Agreements aims at facilitating the process of concluding and registering collective agreements. The most important changes include:
- possibility to register collective agreements via computer system,
- introducing mediations in case of dispute,
- flexibility in setting timeframe of collective agreements,
- broader possibility to regulate working conditions that are different than those under the Labour Code (with preserving the principle of benefit to the employee).
These solutions may be of particular interest to companies in dialogue with trade unions.
7. Changes in rules on mobbing and discrimination
The draft Labour Code provides for significant clarification of provisions regarding mobbing and discrimination. The most important proposals include:
- possibility to seek both redress and compensation,
- simplified procedure for employees (it will be enough to make discrimination plausible),
- no requirement for mobbing behaviour to be long-standing,
- recognising as mobbing also acts that are unintentional, if they are repetitive or long-standing,
- obligation for the employer to take preventive measures and maintain relevant procedures.
How to prepare for the upcoming changes?
The upcoming weeks will be a time for HR departments to organising documentation, updating procedures and analysing risks. New regulations extend over a longer time but they need planning beforehand.
PNP Law supports employers in preparing and implementing relevant changes: from documentation audits, through preparing remuneration and anti-mobbing policies through assistance in the scope of B2B contracts and representation in employee disputes.
If your organisation needs assistance or wants to assess risks related to the upcoming changes, let us know.
Contact us:
Dorota Dąbrowska-Kobus
ddk@pnplaw.pl
phone: +48 22 59 29 000
e-mail: office@pnplaw.pl
About Peter Nielsen & Partners Low Office Legal solutions for investors, trailblazers, and responsible investors.
For 35 years, PNP Law has supported investors and companies that focus on development in Poland. We combine a holistic approach to business challenges with courage in implementing innovative solutions. We act comprehensively, accompanying companies in each step of their development. We understand challenges posed by technology and environment, and we ground our actions on Scandinavian values: long-term trust, simplicity, transparency of processes, and constant drive towards sustainable development.
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