There are several forms od employment available in Poland. An employment form is specific relationship between the employer who commissions tasks, and the employee, who performs those tasks. In this article we describe and compare the most common types of employment.
Employment contract versus civil law contract
Contract of employment (umowa o pracę) – when such a contract is agreed on, the employer takes on the responsibility of performing their job at a specific place and specific time. In return they receive a salary that’s equal to or greater than minimum wage, a right to paid leaves, sickness benefits, healthcare security, and the time spent at the job counts as length of service for the future seniority payments.
Civil law contract (umowa cywilnoprawna) is a type of employment where the person who performs the assigned tasks has more freedom over where and how they do the job.
Most common civil law contracts are a contract of mandate and a specific-task contract. The employer and the employee agree on performing clearly set activities. The terms of completing those tasks is flexible and usually up to the employee. When a civil law contract is signed instead of an employment contract, the Labour Code doesn’t apply – all issues are regulated by the Civil Code. A civil law contract employee doesn’t have paid leaves, the job does not count as length of service, and the healthcare security is optional and can only be made on request. Such a contract can be terminated at any point by either party, and the notice period is no longer than several days.
Contact of employment guarantees all the worker’s rights and a relative stability of the employment.
Civil law contracts guarantee more flexibility and independence for both the employee and the employer.
Choice of contract
From the legal perspective, the choice of an employment type should be dictated by the job’s characteristics. If the work is based on performing similar tasks for a prolonged period of time and at a specific place with a specific schedule (for example, an office job or work in security), then a contract of employment should be signed. If the job is based on performing specific tasks from time to time and the place of job is not regulated (for example, translation assignments or making a report once a year), then a civil law contract should be picked. In practice, however, it’s different. Civil rights employment allows the employers to pay smaller taxes, and hence they choose this option even when a contract of employment is recommended or required.
It is, therefore, very important to learn more about the suggested job agreement, to see whether it satisfies your requirements. Some may prefer a civil law contract due to the flexibility and an opportunity to end the job relationship quickly. Others may wish for a contract of employment due to its social care benefits and the relative employment stability.
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