Gig Workers in Poland: The Quest for a Protection Model


The labor law regulations in force in Poland define two groups of "employees". The first group includes employees performing work within the meaning of Art. 2 of the Labor Code. The second group consists of those to whom the Polish legislator gradually grants certain "employee" rights, i.e. contractors and beneficiaries. At the same time, despite the COVID-19 pandemic, the number of self-employed and working on digital platforms has increased on the Polish labor market, creating a fiction of mandate. Digital employees in Poland sign a mandate contract for three hours a week, and the rest of the remuneration results from the vehicle rental contract, which allows you to avoid almost all public law obligations. The entire scope of the provisions of the Polish Labor Code applies only to employees. As for other working people, in particular the analyzed employees of digital platforms, they are forced to run a business or conclude vehicle rental or mandate contracts and are treated as such by the legislator, i.e. either as self-employed or as a form of semi-independent work. The author of the paper tries to indicate the appropriate model of protection of these employees in Polish labor law

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