A similar situation applies to the mandate contract – the employer (”Principal”) may withdraw from it at any time, but must reimburse the costs incurred by the contractor (”Mandatar”) for the proper performance of the obligation. In addition, if the mandate has been paid, the client is required to pay a portion of the remuneration that corresponds to the previous actions of the mandate. If the termination took place without just cause, the obligated party is obliged to return the damage suffered. Compensation for damages in the event of dismissal without just cause is similar to the interpretation of the employer`s liability for unjustified termination of the employment contract. However, in the event of termination of the mandate contract, the employer`s liability is civil liability. The amount of compensation is therefore not limited as in the case of employment contracts, but the contractor is not entitled to the execution of the mandate or to work in imitation of the request for reintegration into the employment relationship. However, if you`re looking for retirement, social security, and health benefits for you and your family, you should probably stick to the mandate contract agreement if a typical employment contract is out of the question. As a rule, the entrepreneur must execute the order personally. However, this is not an unconditional regulation, since the withdrawal from personal service is permitted either on the basis of the contract concluded, if the parties have provided for such a possibility, or if such a possibility is permitted by habit or if the contractor is obliged to do so by the circumstances. In the latter case, the contractor is liable for damages if they are caused by the commissioning of a third party (subcontractor) with the execution of the work. From 1 January 2017, the minimum hourly wage for those working on the basis of the mandate contract will be set at PLN 13. A temporary agency worker is employed by a temporary employment agency for a certain period of time or for the time of performance of a particular job.
There is a classic employment relationship between the temporary agency worker and the temporary agency worker, which is governed by the Labour Code. The user employer is not an employer within the meaning of the Labour Code for temporary agency workers. On the basis of an agreement with the Agency, the temporary worker shall be posted to work at the place of work of the user employer, where the user employer is a third person for the temporary worker. The mandate contract is the most common civil law basis for the provision of services (including work). As stipulated in the legal provisions, the party who receives the mandate (the ”client” or simply the contractor) undertakes, by concluding a mandate contract, to carry out a specific action for the person giving the mandate (the ”client” or simply the employer) – art. 734 of the Civil Code. Although a narrow interpretation of the above-mentioned regulation does not require the implementation of de facto binding acts (e.B. Labour), the view that de facto acts can also be performed on the basis of the mandate contract is justified by the reference that the provisions of the mandate contract should apply to all contracts for the provision of services that are not regulated by the Civil Code. The voluntary nature of the performance of work by an employee presupposes, above all, that forced labour is inadmissible.
The Constitution of the Republic of Poland stipulates that the obligation to work may be prescribed only by law (Article 65(2) of the Constitution of the PR). At the same time, the voluntary nature of the performance of the work is manifested by the fact that a worker is not required to perform work other than that resulting from the content of the contract of employment concluded. Thus, the employer cannot assign to an employee work different from that specified in the contract, unless there is a clear legal basis. Otherwise, it could be considered forced labour. Even an employee`s consent to perform another type of work on his or her own is not enough. If the parties intend to permanently change the nature of the work performed by the employee, they must modify the terms of the contract either by terminating these conditions or by mutual agreement. Agency contract This is a contract in which the agent undertakes to be a permanent intermediary with regard to the conclusion of contracts between the customer and his customers or to conclude the mentioned contracts on behalf of the customer. The client`s obligation is to pay the remuneration to the agent. The agent and the client must be entrepreneurs and the agent is also required to act in the context of the activity of his business. Notice periods may be set by two Contracting Parties. For example, termination may include a day, a week, or a month.
There are no special conditions in this regard. If such agreements are included in the mandate contract, they must be respected. Then, such a contract can be terminated with the notice period. It is only important if it is pronounced for no real reason. Otherwise, you must be financially responsible for the erroneous termination of such a contract. The customer relationship lacks subordination, which is characteristic of labor law, and the entrepreneur is not available to the employer. However, the employer may give instructions to the contractor regarding how the order is executed. Even then, the contractor may withdraw from the execution of these instructions if a situation arises in which the client`s approval is not possible and there is reason to believe that the client would approve the change if he knew the real state of affairs. Therefore, the contractor has much more freedom in the execution of the work on the basis of the mandate contract, since, as stated above, an employee working on the basis of the employment contract can never withdraw from the type of performance of the work specified by the employer, unless such a way violates the law. Unlike the mandate contract, the contract is not an independent insurance title for a specific task. Social security and health insurance contributions are to be paid only if the contracting parties are also parties to an employment relationship for a particular task.
Thus, if the only relationship between the parties is the contract to perform a particular job, the employee does not need to be covered by insurance. The Civil Code introduces the presumption that a mandate contract is concluded for remuneration. Therefore, if the parties agree that the party receiving the mandate will perform a certain legal or factual act without remuneration, the mandate is free of charge. If there is no clear indication from the parties that no remuneration is due for the execution of the mandate, the person receiving the mandate is entitled to remuneration in proportion to the work performed, unless the parties have specified the amount of remuneration in the contract. A mandate contract is a contract for the provision of a service for a certain period of time. It is a very convenient and popular form that is often used in service work: restaurants, shops, etc. Prices are usually hourly, but can also be weekly or monthly – it all depends on the agreement with the employer. The law also regulates the lowest hourly rate and it is in 2021 – PLN 18.30 gross, which gives about PLN 12 net. From a formal point of view, it is not an agreement between the employee and the employer. It is an agreement between companies and companies. An ”employee” must create a sole proprietorship and on this basis he issues an invoice each month to the ”employers” for his services.
Persons who work under a civil law contract have no rights to the rights of employees. This is due to the fact that they are not covered by the provisions of the Labour Code or other sources of labour law. This means that regulations on issues such as minimum wage, working time standards, allowed number of overtime hours and work on Sundays and public holidays, annual leave or maternity leave do not apply to employees who work on the basis of the mandate contract or the contract for a specific task. Currently, the mandate contract is linked to the compulsory payment of the contribution to the Social Security Fund, unless the contractor fulfils the conditions for exemption from the said obligation. They vary and are based on conditions such as: the age of the entrepreneur, the employment relationship with the client or registration as a student. But going back to our civil law agreements, let`s take a closer look at the type of civil agreement umowa zlecenia – mandate contract. The mandate contract, if only the person receives at least the minimum wage and is obliged to pay contributions to social security and the employment fund, is included in the 365 days that are entitled to unemployment benefits. Although different names can also be used for the latter, such as .
B contract / commission contract or self-employment contract. Let us know if you have ever had a mandate contract in Poland and what experience you had with him, good or bad! The mandate contract is more flexible than the employment contract. It is also related to the fact that it can be solved quite easily. The notice period depends on how the contract was concluded. .
