What are the forms of employment?
in Poland, the most common forms of employment relationship are still the employment contract and the contract of mandate.
By the contract of mandate the party accepting the mandate undertakes to perform a specific juridical act for the principal. What is important in a contract of mandate is the fact that work is performed for the benefit of the principal, which will not necessarily lead to a specific result. It is still one of the most common civil law contracts in Poland. However, the mandate contract is a civil law contract regulated in the Civil Code. Due to the fact that the provisions of the Labor Code do not apply to this contract, the person performing the order has only the rights that directly arise from the content of the contract.
The principle of fair remuneration also applies here. A top-down minimum wage also applies to contracts of mandate, in the form of a minimum hourly rate.
Employment contract is, of course, regulated in the Labour Code. Due to this fact, the contract must guarantee the employee, among other things, a minimum wage, the right to paid holiday, special protection for certain groups of employees or the obligation to follow certain procedures when terminating contracts.
The employment contract should be confirmed in writing and contain, in particular type and place of work, working hours or the amount of remuneration indicating its components (in addition to all the elements listed in the Labour Code).
In Poland, there are the following types of employment contracts:
- for a trial period of up to three months to check the employee’s qualifications
It is intended to check the employee’s qualifications and ability to perform a specific job. It cannot, as a rule, exceed three months and can only be concluded once (but there are exceptions). - for a limited period,
It is a contract containing the end date of the employment relationship. Such a contract terminates at the end of the period for which it was concluded. The duration of employment under a limited period employment contract and the total duration of employment under limited period employment contracts concluded between the same parties may not exceed 33 months and the total number of such contracts may not exceed three. - for an indefinite period.
This type of contract does not contain an end date for the duration of the employment relationship. It lasts until there is a termination by one of the parties or expiry of the employment relationship.
Our law firm can comprehensively assist you in concluding employment relationships so that they meet the requirements of Polish labour law
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