Welcome to the Polish Law for Foreigners series. This article aims to familiarize foreigners with the various forms of employment available in Poland. Choosing the right form of employment is crucial, as it can impact the nature of work, remuneration, and employee protection. It is therefore essential to understand the differences between the various types of employment agreements.
Under Polish law, the primary forms of employment include:
- Employment contract
- Civil law contracts:
- Contract of mandate (umowa zlecenie)
- Contract for specific work (umowa o dzieło)
Less commonly, the following agreements may also be encountered:
- Agency agreement
- Managerial contract
- Voluntary work agreement
This article focuses primarily on a brief overview of the employment contract and civil law contracts, as these are the most common forms of employment on the labor market.
Employment Contract
The employment contract is the fundamental method of establishing an employment relationship. Compared to other forms of employment, it is the most strictly regulated, providing special protection for the employee and imposing specific obligations on the employer. Such an employment relationship must also exhibit certain characteristic features. The employment contract must be concluded in writing.
Features of the Employment Relationship
An employment relationship established through an employment contract is governed by the provisions of the Polish Labor Code. To qualify as an employment relationship, the following conditions must be met:
- Subordination to the employer: The employer determines the time, place, and manner of work.
- Personal performance of work: The employee must personally perform the work and cannot delegate it to another person (e.g., a subcontractor).
- Continuity and regularity: Work is performed continuously and repetitively, often based on a schedule or working hours.
- Remuneration: The employee receives compensation for their work, making unpaid employment relationships legally impossible.
Benefits of an Employment Relationship
- The employee is guaranteed at least the minimum wage (in 2025, PLN 4,666 gross monthly).
- The employee has the right to paid leave.
- The employee is entitled to sick pay during illness.
- The procedure for terminating an employment relationship is strictly regulated by the Labor Code—except in cases of summary dismissal, an employee cannot be terminated immediately.
- Certain individuals, such as pregnant women or pre-retirement employees, enjoy special protection.
- The employer covers part of the social security contributions (retirement, disability, accident insurance).
Note: Even if a foreign employee is hired in Poland by a foreign employer, the terms of the employment contract must not be less favorable than those provided under the Polish Labor Code.
Detailed issues related to establishing and terminating an employment relationship will be discussed in a separate article.
Contract of Mandate
A contract of mandate (umowa zlecenie) is one of the civil law agreements regulated by the Polish Civil Code rather than the Labor Code.
Features of a Contract of Mandate
- No subordination: Unlike employment contracts, the relationship between the contracting parties is based on equality.
- Work may be unpaid: Unless otherwise specified, it is assumed that the mandate is paid.
- Subcontracting allowed: The contractor may delegate the work to others.
- Partial social security contributions: The principal pays a portion of social security contributions, as well as contributions to the labor fund and guaranteed employee benefits fund.
- No paid leave or sick pay: The contractor is not entitled to paid leave or remuneration during illness.
- Liability for diligence: The contractor is responsible for exercising diligence while performing the work but not for achieving a specific result.
Contract for Specific Work
A contract for specific work (umowa o dzieło) is another type of civil law agreement. It differs from a contract of mandate in several key aspects:
- Liability for the result: The contractor is responsible for delivering a specific result.
- Responsibility for defects: The contractor is liable for defects in the completed work.
- Compensation is mandatory: The contractor is always entitled to remuneration for the work performed.
Common Features with a Contract of Mandate
- No subordination: There is no hierarchical relationship between the parties.
- Work may be subcontracted: The contractor remains liable for the actions of subcontractors.
- No paid leave or sick pay: These benefits are not available.
Summary
The above characteristics provide a brief overview of the various forms of employment available in Poland. Different forms of employment have varying implications for both employees and employers. It is essential to clearly define expectations when entering into an agreement.
For employees who value independence, the absence of hierarchical subordination, and flexibility, civil law contracts may be more suitable. On the other hand, if an employee prioritizes maximum social security, paid leave, or clearly defined working hours, an employment contract is recommended.
For any questions, feel free to browse other articles or contact me by phone at: +48 602 643 922 or by email at kancelaria@adwokat-sewielski.pl.
