Labour Inspectorate scrutinises courier work – inspections go beyond B2B arrangements

An ongoing inspection at Pyszne.pl, one of the largest food delivery platforms, has become one of the most widely discussed topics of recent days. The case has attracted significant media attention, as Poland’s National Labour Inspectorate (PIP) is verifying whether non-employment forms of cooperation with couriers have been correctly applied. This may be one of the first high-profile examples of PIP exercising its new powers following the reform that took effect on 8 July, and an important signal for the market.

We do not know the findings of the inspection, and we will not speculate on its outcome. It is, however, worth highlighting something that is sometimes overlooked in the debate on the reform.

PIP inspections are not limited to B2B arrangements

Debate on reclassification risk tends to focus mainly on cooperation with individuals running their own business activity. However, the authorities’ scrutiny also extends to:

• mandate contracts (umowy zlecenia),
• other civil-law contracts,
• cooperation models carried out through third-party entities.

The classification of a given relationship is not determined by the name of the contract, or even by its wording. What matters most is how the obligations are actually performed in practice: the degree of subordination, the organisation of working time and place, the personal nature of the service provided, and the contractor’s scope of independence.

In our practice, we observe that the authorities do not limit themselves solely to B2B models. The inspection at Pyszne.pl could therefore be an important signal for any organisation using a variety of cooperation models — particularly since the PIP reform provides for a 12-month period for voluntarily bringing cooperation models into compliance.

Now is a good time to review your cooperation models

This is a good moment to review not only cooperation with B2B contractors, but also cooperation models based on mandate contracts.

Contact:
Alicja Głód – alicja.glod@thedy.pl
Marta Chacińska – marta.chacinska@thedy.pl
Mateusz Lasak – mateusz.lasak@thedy.pl