Pyszne.pl to dismiss couriers; labor and social security authorities launch investigations

Pyszne.pl, a food delivery platform operating in Poland, has announced plans to lay off approximately 5,000 couriers who are currently employed under civil law contracts. The company, managed by Takeaway Express Poland sp. z o.o., informed its couriers of the impending dismissals last week.

Trade unions report that while 5,000 individuals may lose their current contracts, they are expected to be offered re-employment by one of five selected fleet partners. However, these new arrangements are anticipated to be on different terms.

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I have important news for couriers employed on civil law contracts. The announcement of the termination of their contracts in the near future will not stop our inspections, and wherever it is justified, we will issue orders to transform these contracts into employment positions, and if this is not effective, we will issue decisions ordering such a transformation.

In response to these developments, Polish Minister of Labor Agnieszka Dziemianowicz-Bąk has requested the Chief Labor Inspector to conduct an urgent inspection. The focus of the inspection will be to verify the employment basis of Pyszne.pl's couriers. Dziemianowicz-Bąk stated that if it is found that couriers should be employed under employment contracts, the law on collective dismissals would apply, obligating the employer to consult with trade unions and provide severance pay.

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In my assessment, verifying the employment basis of couriers at Pyszne.pl is particularly urgent.

The head of the State Labor Inspectorate (PIP), Janusz Krasoń, assured couriers that inspections would proceed regardless of the company's announcement about ending contracts. He pledged that PIP would issue orders to convert civil law contracts into employment contracts where justified, and if necessary, issue decisions mandating such a transformation. Krasoń emphasized that no one would be left without support.

Additionally, the Social Insurance Institution (ZUS) has also launched control actions concerning the social security of platform workers. ZUS can adjust the appropriate insurance title if the current one does not reflect the actual work performed. While this does not automatically establish an employment relationship, ZUS can impose backdated contributions for up to five years if irregularities are found. Dziemianowicz-Bąk reiterated that state institutions are actively responding to signals of improper employment practices, including those in the delivery sector.

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The state – the ministry, ZUS, PIP – is reacting and will react in situations where there are signals of the use of illegal "mandate" contracts or any other forms of employment used in the situation of an employment relationship that are not employment contracts. This also applies to the delivery industry, platforms themselves, and fleet partners.