Activities

Successful Webinar Explores How to Avoid Disguised Employment Relationships:Key Differences BetweenEmployment and Civil Law Contracts in Poland, Slovakia, and Italy

On April 28, 2026, Cross-border Employment Compliance (CEC)Anli Partnersco-hosted the sixth webinar in the Cross-border Employment Compliance series, with support from LexisNexis. The session addressed a significant risk in cross-border employment: how to avoid disguised employment relationships. It examined differences in how Poland, Slovakia, and Italy distinguish employment relationships from civil law contractual arrangements, along with key compliance considerations in each jurisdiction.

Employment law specialists from the three countries drew on their respective legal frameworks and regulatory practices to explain the key criteria for determining whether an employment relationship exists and the common risks companies face when structuring contracts. The webinar was moderated by Dr. Luo Kaitian, Editor-in-Chief of Cross-border Employment Compliance (CEC), a partner at Anli Partners, and Head of Employment Law & ESG Practices.

Dominika Buchal, a lawyer at Zawirska Ruszczyk in Poland, opened the discussion. She explained that Polish labor law provides strong protections for employment relationships. Although civil law contracts for specific work or services are widely used because of their lower costs, employment status depends on the substance of the arrangement rather than its label. Features such as personal dependence, work performed under direction, and fixed working hours may lead to reclassification as employment. She also highlighted increasingly stringent oversight and reforms expanding the labor inspectorate’s powers to reclassify contractual arrangements, with potential consequences for unpaid taxes and social security contributions. In practice, she advised companies to preserve contractors’ independence and avoid managing them as employees.

Tomas Rybar, a partner at Cechova & Partners in Slovakia, then explained that regulatory scrutiny continues to intensify. Subordination remains central to determining employment status, with particular attention to control over what work is performed, when it is performed, and how it is carried out. Although alternative arrangements, such as student and project-based contracts, are available, those that exhibit the substantive characteristics of employment may still be treated as attempts to circumvent employment law, potentially resulting in back taxes, fines, and even risks to business licenses or authorizations.

Alberto De Luca, a partner at DL-LAW in Italy, explained that employment is the default model in Italy. Although self-employment arrangements are available, they differ significantly in their allocation of rights and obligations and their social security requirements. Regulatory scrutiny of platform work has intensified in recent years, increasing compliance costs for businesses. He also noted that mechanisms such as settlement agreements allow self-employment relationships to be converted into employment through prescribed procedures, reducing potential legal risks.

Overall, Poland, Slovakia, and Italy take a consistent regulatory approach to disguised employment relationships, emphasizing substance over form and strengthening scrutiny and enforcement against worker misclassification. The experts advised Chinese companies operating internationally to assess workforce arrangements carefully against local legal requirements, rather than choosing a model solely on the basis of cost. Companies should structure contracts appropriately to clarify the relationship between the parties. In practice, they should also maintain clear distinctions between managing independent contractors and managing employees, preserve contractors’ business independence, and avoid arrangements that resemble conventional employment relationships. Companies should also monitor regulatory developments in each jurisdiction and incorporate these risks into their broader compliance and ESG management frameworks.

The webinar brought together representatives from corporate legal and human resources teams, as well as professional organizations, and received positive feedback.