How to appeal against a District Labour Inspector's decision establishing an employment relationship
Short answer
You can appeal to the labour court against a decision (decyzja) of the District Labour Inspector establishing an employment relationship. You file the appeal in writing, through the District Labour Inspector who issued the decision, "within one month from the day of its service" (Article 477(7b) § 1 of the Code of Civil Procedure, KPC). This is one month, not 30 days. You must state all your assertions and evidence already in the appeal, because as a rule this will not be possible later.
This matter usually requires an individual legal assessment. The guide explains the rules, but the outcome depends on documents and circumstances. Before an important decision, consult a lawyer or a trade union, or use free PIP advice. PIP legal advice.
In this guide: One month from service, in writing, via the OIP to the district court. Required content, preclusion of evidence, enforceability, interim relief, costs.
Who this applies to
An appeal is available to a party to the decision (Article 34(5a) of the Act on the National Labour Inspectorate). The parties are the entities and persons the decision concerns: the company named as the employer and the person named as the employee. The employee may also appeal, e.g. if they disagree with the working time or pay established. In the court proceedings, the District Labour Inspector is also a party (Article 477(7c) of the Code of Civil Procedure).
This guide does not concern a labour inspector's orders (nakaz). An appeal against those is filed with the District Labour Inspectorate (OIP) within 7 days (appeal against an order).
What to do
- Establish the date of service of the decision. The deadline runs from service, not from the date on the decision. If you collect the letter after a postal notice, the date of service depends on how service took place (Article 44 of the Code of Administrative Procedure, KPA); if in doubt, ask the OIP.
- Calculate the end of the deadline. A month ends on the day with the same number in the following month. If there is no such day (e.g. 31 February), the deadline ends on the last day of the month (Article 112 of the Civil Code, KC). If the last day falls on a Saturday, Sunday or public holiday, the deadline moves to the next working day (Article 115 of the Civil Code; the Code of Civil Procedure refers to these provisions in Article 165 § 1). Use the appeal deadline calculator.
- Prepare the appeal. It must contain an identification of the decision challenged, brief objections and requests, their justification and a signature (Article 477(7b) § 2 of the Code of Civil Procedure).
- Include all assertions and evidence. The appellant must put them forward in the appeal, and the other parties in the reply to the appeal. Later they can be submitted only if you show it is probable that this was not possible earlier or that the need arose later (Article 477(7b) § 3-4 of the Code of Civil Procedure). The OIP informs you of this when serving the decision.
- File the appeal through the OIP. The safest way is in person at the OIP's office against a receipt, or by registered letter at a Poczta Polska post office, keeping the proof of posting, and not at the last minute. The Act does not settle expressly whether, for an appeal filed through the OIP, the posting date with any operator counts, or how the deadline is calculated when sending electronically.
- Consider additional applications. You may apply for interim relief (Article 755(6) of the Code of Civil Procedure) and, where the decision has been declared immediately enforceable, for that to be lifted (Article 477(7f) of the Code of Civil Procedure).
- Wait for the OIP's decision or for the case to be forwarded to court. If the OIP considers the appeal fully justified, it may itself change or revoke the decision. Otherwise it forwards the appeal to the court with the files and its position without delay, no later than within one month of it being filed (Article 477(7b) § 5-6 of the Code of Civil Procedure).
Which court
The case is heard by the district court (sąd rejonowy, labour court) regardless of the value of the claim (Article 461 § 1(1) of the Code of Civil Procedure). The court with territorial jurisdiction is the one in whose district the place of work established in the decision is located (Article 461 § 2(3) of the Code of Civil Procedure), not, for example, the company's registered office. You address the appeal to that court, but you file it with the OIP.
What the court can do
- Dismiss the appeal or change the decision in whole or in part and rule on the merits (Article 477(7g) § 1-2 of the Code of Civil Procedure).
- Revoke the decision and refer the case back to the OIP, if it was issued in gross violation of the law (Article 477(7g) § 3).
- A settlement may be concluded only by all parties to the proceedings, including the OIP. Submitting the dispute to arbitration is not permitted (Article 477(7d)).
- Schedule a hearing within one month of the case being brought (Article 477(1d) applied accordingly through Article 477(7i) of the Code of Civil Procedure). This is an instruction to the court, not a guarantee.
Exceptions and caveats
- Late appeal. The court will reject it, unless the delay is not excessive and occurred for reasons beyond the appellant's control (Article 477(7b) § 7 of the Code of Civil Procedure). Do not count on this exception.
- Immediate enforceability may be ordered only in respect of persons covered by special protection against termination with or without notice (Article 33a(5) of the Act on the National Labour Inspectorate). An interlocutory appeal (zażalenie) against the ruling on immediate enforceability is filed within one week (Article 477(7f) § 3 of the Code of Civil Procedure). The court examines it within 3 days of receipt and may also, of its own motion, suspend the immediate enforcement of the decision (Article 477(7f) § 1 and 4).
- Enforceability after an appeal. Without an order of immediate enforceability, the decision becomes enforceable only with a final judgment (Article 34(2k) of the Act on the National Labour Inspectorate). At the same time, the Act says that the decision produces legal effects from the day it is issued (Article 34(2j)). The relationship between these provisions has not yet been clarified in case law.
- Interim relief (Article 755(6) of the Code of Civil Procedure). The court may secure that, while the case is pending, the contract can be changed or terminated with or without notice only under the protection rules of labour law. The application is examined within 3 days.
- Costs. The Act did not introduce a separate fee for an appeal against this decision. A fixed fee of PLN 200 was provided only for an appeal against an individual interpretation from the Chief Labour Inspectorate (GIP) (Article 36a of the Act on Court Costs). Article 96(1)(4) of that Act exempts from costs, among others, an employee bringing a claim and a party filing an appeal to the labour and social insurance court. The Act does not say expressly whether and how this covers an appealing employer, and there is no case law yet. Check this with the court or a lawyer before filing the appeal.
- Constitutional Tribunal. The provision on the OIP decision is the subject of case K 17/26 (pending as at 15.10.2026). The provisions apply.
When to go to a lawyer
An appeal against this decision is a court procedure with preclusion of evidence, so a mistake at the start is hard to fix. Get advice especially if you want to challenge the very existence of an employment relationship, if the decision covers many people, if immediate enforceability or interim relief is involved, or if the case has significant contribution and tax consequences.
Example
Assumptions: the OIP decision was served on the company in person on Thursday 15.10.2026. The company disagrees with the amount of pay established and wants to argue that the person worked part-time.
One month from 15.10.2026 ends on 15.11.2026. That is a Sunday, so the deadline expires on Monday 16.11.2026. The company files the appeal with the OIP, with objections, requests, justification and all the evidence, e.g. hour statements and correspondence. If the OIP does not accept the appeal in full, it will forward it to the district court competent for the place of work stated in the decision.
Documents and deadlines
| Step | Deadline | Legal basis |
|---|---|---|
| Appeal against an OIP decision | one month from service | Article 477(7b) § 1 of the Code of Civil Procedure |
| Forwarding of the appeal to court by the OIP | without delay, no later than one month from filing | Article 477(7b) § 6 of the Code of Civil Procedure |
| Interlocutory appeal against immediate enforceability | one week | Article 477(7f) § 3 of the Code of Civil Procedure |
| Examination of an application to lift immediate enforceability or of an interlocutory appeal | up to 3 days from receipt | Article 477(7f) § 1 of the Code of Civil Procedure |
| Examination of an application for interim relief | up to 3 days from receipt | Article 755(6) § 6 of the Code of Civil Procedure |
Frequently asked questions
Can I send the appeal directly to the court?
The provision requires it to be filed "through the District Labour Inspector". Send it to the OIP that issued the decision.
Does an appeal suspend the decision?
The Act does not use that wording. However, a decision without an order of immediate enforceability becomes enforceable only with a final judgment, and registration with ZUS (Social Insurance Institution) takes place within 7 days of the judgment becoming final (Article 36(4e) of the Act on the Social Insurance System).
Should I count 30 days?
No. The deadline is one month and ends on the day with the same number in the following month, moved to the next working day if necessary.
Useful tools
Related guides
- How the PIP establishes an employment relationship: inspection, instruction and OIP decision step by step
- B2B contracting and the employment contract: when self-employment is really a job
- Contract of mandate or employment contract? How to check what really binds the parties
- How do you appeal a labour inspector's order and what happens after the OIP decision?
- PIP report, order, post-inspection recommendations, instruction and decision: how do they differ?
Sources (documents in Polish)
- Ustawa z 11.03.2026 o zmianie ustawy o PIP (m.in. art. 477(7b)-477(7j) i 755(6) KPC), Dz.U. 2026 poz. 473
- Ustawa o PIP, tekst ujednolicony ISAP
- Kodeks postępowania cywilnego, t.j. Dz.U. 2026 poz. 468
- Kodeks cywilny, tekst ujednolicony ISAP
- Ustawa o kosztach sądowych w sprawach cywilnych, t.j. Dz.U. 2025 poz. 1228
- Ustawa o dniach wolnych od pracy, t.j. Dz.U. 2025 poz. 296
- Kodeks postępowania administracyjnego, tekst ujednolicony ISAP
Sources checked on 15 October 2026. Law as at 15 October 2026.
Change history
- 15 October 2026: First publication.
This guide is for information only. The current legal provisions and the information of the National Labour Inspectorate apply. An independent information website. We are not the National Labour Inspectorate (Państwowa Inspekcja Pracy).