The Supreme Medical Council has taken a negative view of the draft amendments to the Law on the State Labor Inspectorate, which provides for the possibility of administrative confirmation of the existence of an employment relationship despite the conclusion of civil law contracts. The medical association warns that such a solution could lead to serious legal and financial consequences, especially in the health sector.
NRL against new PIP powers: The court should decide on the determination of the employment relationship
Published Nov. 27, 2025 11:33
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The Supreme Medical Council has published its position on the draft law amending the Law on State Labor Inspection and certain other laws. The latest version of the draft, dated November 4, 2025, was made available on the website of the Government Legislation Center. After analyzing the document, the Medical Council gave an unequivocally critical opinion.
The NRL stresses that particular reservations are raised by the proposal to give the State Labor Inspectorate authorities the power to establish, by means of an administrative decision, the existence of an employment relationship in situations where the parties have entered into a civil law contract or where work is actually performed under the conditions specified in Article 22 § 1 of the Labor Code. The draft assumes that the PIP's decision could result in the transformation of such a contract into an employment contract even for a period of three years back.
The NRL recalls that, until now, the determination of the existence of an employment relationship was exclusively within the competence of ordinary courts. The justification of the draft indicates that inspectors have rarely used their authority to file lawsuits on such matters. However, according to the NRL, this is not a basis for transferring this responsibility to administrative bodies.
The post emphasizes that modern models of work performance are increasingly diverse, and the boundary between an employment relationship and a civil law contract in many cases is sometimes difficult to clearly define. Decisions in this regard have far-reaching consequences - including the need for retroactive accounting, tax adjustments and social security contributions.
The NRL notes that the administrative procedure, conducted by the labor inspector, does not guarantee such a high standard of case recognition as court proceedings. The risk of misclassification, according to the self-government, is particularly dangerous in the health sector, where employment structures are complex and the financial and organizational consequences of mistakes can be very serious.
The medical association calls for preserving the current judicial procedure for determining the existence of an employment relationship and for re-examining the proposed legislative solutions.
Source: NIL
