PIP Act before the Constitutional Tribunal: case K 17/26
On 2 April 2026, the President signed the Act of 11 March 2026 amending the Act on the National Labour Inspectorate (Państwowa Inspekcja Pracy, PIP) and announced that he would refer it to the Constitutional Tribunal under the follow-up review procedure. The request reached the Tribunal on 21 July 2026. The case has the reference number K 17/26.
What has been challenged
- The provision that allows the District Labour Inspector to establish the existence of an employment relationship by a decision (Article 11(1)(7a) of the Act on the National Labour Inspectorate). The applicant relies, among others, on Articles 20, 31 and 65 of the Constitution.
- The higher fines for petty offences against employees' rights in the Labour Code (Kodeks pracy) and the higher amounts of fixed penalties in the Code of Procedure for Petty Offences. Here the applicant relies on the principle of proportionality.
Status of the case
As of 15 October 2026, the Tribunal's website does not give a date for a hearing or a judgment. The case is pending.
What this means in practice
A request under the follow-up review procedure does not suspend the application of the Act. The provisions have been in force since 8 July 2026, and the PIP can use them. If the Tribunal issues a judgment, we will describe its effects after it is published in the Journal of Laws (Dziennik Ustaw).
We check the status of the case on the Tribunal's website each time we update the guides on the new powers of the PIP.
Related guides
- How the PIP establishes an employment relationship: inspection, instruction and OIP decision step by step
- Fixed penalty notice and fine for violating employee rights: how much are they and what if you refuse?