Types of contracts, what to look for, what is important when hiring migrants?
There are many types of contracts that can be concluded in connection with the performance of work in Poland. The most popular are:
– contract of employment,
– mandate contract i
– contract work.
Each of these contracts has different circumstances. The scope of the rights and obligations of persons performing and entrusting work under these contracts also varies.
As a rule, the mandate contract and the contract for specific work provide the person performing the work with more freedom, but the employment contract offers greater rights and special protection provided for in the Labor Code.
Contract of employment – Umowa o pracę
The employee undertakes to perform specific work for and under the direction of the employer, at the place and time indicated by the employer, and the employer undertakes to hire the employee for remuneration.
1) There are three types of employment contract:
– for a trial period: for a maximum of 3 months, in order to verify the employee’s qualifications;
– for a fixed period: up to three consecutive contracts for a total period not exceeding 33 months;
– for an indefinite period: unlimited in time.
2) Salary is payable at least once a month, on a fixed and predetermined date. The monthly salary is payable in arrears by the 10th day of the following month at the latest.
3) The employment contract may be terminated:
– by agreement of the parties: when both the employer and the employee want to terminate the employment relationship;
– upon notice: notice periods are defined by law (2 weeks to 3 months);
– without notice: due to the fault of the employee (cases specified in the regulations), in the event of a long-term illness or unjustified absence of the employee, when the basic obligations towards the employee have been violated or the work has a detrimental effect on the employee’s health;
– with the expiry of the period for which it was concluded.
4) The employee is entitled to paid leaves: holiday, maternity, parental and unpaid childcare leave.
5) The employee is covered by public medical care.
6) An employee is entitled to sick leave (80% of salary).
7) An employee who performs overtime work is entitled to an increased remuneration for this work or to an appropriate amount of free time.
Contract of mandate – Umowa zlecenie
The contractor undertakes to perform a specific legal action for the principal.
1) The order includes the authorization to perform activities on behalf of the client, unless the contract provides otherwise. The contractor may entrust the performance of the order to a third party, if it results from the contract or custom, or if he is forced to do so by circumstances.
2) In the contract, it is best to specify directly the amount of remuneration for the execution of the order or the applicable tariff. As a rule, the remuneration is payable after the completion of the entire order, but the contract may specify other payment terms. Warning! The order may be free of charge if it results from the contract or circumstances.
3) The principal and the contractor may terminate the mandate contract at any time. If the termination has been made without good cause, the damage must be rectified.
4) As a rule, the contractor is not entitled to paid leave: holiday, maternity, parental and unpaid childcare (but the contractor may receive maternity benefit if the sickness insurance contributions were voluntarily paid and the contract of mandate was in force on the day of childbirth).
5) The Contractor is covered by public medical care.
6) The contractor may be entitled to paid sick leave, but must first apply for voluntary sickness insurance. The right to unemployment benefit arises only after 90 days of an uninterrupted insurance period.
7) The Contractor is not entitled to remuneration for overtime work.
Contract work – Umowa o dzieło
The order taker undertakes to perform the marked work, and the ordering party undertakes to pay the remuneration.
1) The contract may specify:
– a specific amount of remuneration, or
– the method of determining the remuneration (the so-called flat-rate remuneration), or
– remuneration based on a list of planned works and expected costs (the so-called cost-estimate remuneration).
As a rule, the remuneration is payable after the entire work has been completed (unless the work is given in parts). You can also specify other payment terms in the contract.
2) The contracting authority may control the manner in which the work is performed. If the work is performed in a defective or inconsistent with the contract, the contracting authority may request the contracting authority to change the manner of performance and set an appropriate deadline for this purpose. After the expiry of the specified deadline, the ordering party may withdraw from the contract or entrust the correction or further performance of the work to another person at the expense and risk of the party accepting the order.
3) The contracting authority may also withdraw from the contract:
– at any time, until the work has been completed (but is obliged to pay the agreed remuneration, less what the order taker has saved due to the non-performance of the work)
– when the order taker is delayed with the commencement or completion of the work to such an extent that it is unlikely that he will be able to complete it within the agreed time.
4) The order taker is not entitled to paid leaves: holiday, maternity, paternity, parental and unpaid childcare leave.
5) As a rule, the order taker is not covered by public medical care.
6) The order taker is not entitled to paid sick leave.
7) The order taker is not entitled to remuneration for overtime work.