Platform work bill may cover ordinary companies with apps
According to lawyers, the four conditions from the definition of a work platform in draft UC 160 may also be met by temporary work agencies or logistics companies. Being classified as a platform means a presumption of employment under an employment contract and new obligations toward the National Labour Inspectorate.
The Ministry of Family, Labour and Social Policy is working on a draft act on the performance of work through digital labour platforms (in the government's legislative work list, the draft has number UC 160). The draft implements EU Directive 2024/2831, which Poland must transpose into its law by 2 December 2026. Public consultations lasted from 6 to 25 August. The Council of Ministers is to adopt the draft in the fourth quarter of 2026. As described by pulsHR.pl (opens in a new tab), entrepreneurs and lawyers criticize the definition of a platform.
Under Article 2 of the draft, a platform is an entity whose service meets four conditions jointly. It is made available remotely through a website or app and provided at the request of the service recipient. An essential element of it is organizing paid work by natural persons. The service also uses automated monitoring or decision-making systems.
Przemysław Ciszek, a legal adviser from the C&C Chakowski & Ciszek law firm, points out that tools for automatically assigning tasks and monitoring their performance operate in manufacturing, temporary work, logistics, transport and security. He gives a temporary work agency as an example. Contractors choose assignments in the app and sign contracts electronically, while the client assesses the quality of work. According to Ciszek, the draft does not exclude systems that serve solely to transmit orders and for the internal organization of work.
Marcin Frąckowiak, a legal adviser at Sadkowski i Wspólnicy and an expert at Business Centre Club (BCC), proposes clarifying criteria. These concern the level of control by the platform, the number of the contractor's clients, the possibility of refusing an assignment without consequences, and having one's own tools. The ministry replies that the draft does not go beyond the minimum required by the directive and covers all sectors.
A company recognized as a platform will be covered by a rebuttable presumption of an employment relationship. This means that it must demonstrate that cooperation with the contractor is not salaried employment. Platforms will also have to provide the National Labour Inspectorate with data on contractors and contracts concluded. Failure to fulfill the obligations may result in a fine from PLN 2,000 to PLN 60,000. The parties also dispute the costs. The government estimates them at about PLN 400 million for companies. The Useme platform and the Lewiatan Confederation, representing the business side, put them at more than PLN 1.34 billion for the entire private sector.
For companies that assign work through apps for schedules and assignments, whether they are covered by the act may be determined by how these tools operate, not by the sector.