Yesterday [9 September 2024] we presented the position of the Department of Labour Law in the Ministry of Family, Labour and Social Policy (MRPiPS) regarding the Directive on Platform Work and its implementation in Poland (see here).
We also tried to determine whether the Ministry is aware of the existence of a system of intermediaries in employment for Platforms – the so-called Fleet Partners and their employment on the basis of a bizarre “lease agreement”. And again, the most important thing: will new legal solutions, forced by the implementation of the Directive, change anything in this matter.
Here is the Department’s response:
MRPiPS is aware of the various forms of providing work via online platforms – including work with the participation of intermediaries. Issues regarding the use of intermediary services by platforms are also regulated in the directive on platform work and will be implemented into the Polish legal system in the process of implementing the above-mentioned directive.
One of the formal stages of dealing with draft government documents (including draft laws) are public consultations. According to paragraph 31 point 1 of the Regulations of the Council of Ministers, “Referral for agreements, public consultations or opinions on a draft government document, which is subject to entry in the appropriate list of legislative works or the list of programmatic works of the Council of Ministers, shall take place after the draft is entered in the given list.”
It should be emphasized that internal analytical work is currently underway – it is therefore too early to indicate the directions of the proposed solutions. However, as soon as possible, all interested entities operating on the market will be informed of the proposed regulations and will then be able to present their position.
To us, the answer there seems exceptionally general. So, the only thing left for us is to carefully monitor the work on the Directive. In this and other Ministries.
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