Employment contract:
- Legal basis – Labor Code
- The employee always performs the work personally – no possibility to indicate a substitute
- Minimum wage guarantee
- Employer decides on the place of work and worktime
- The employer has the right to give work-related instructions
- Contributions for pension, disability, sickness, accident and health insurance are paid by the employer and the employee
- The right to paid annual leave
- The right to special leave
- The right to leave on demand
- The right to maternity and childcare leave
- The right to sick leave
- The obligation to extend a pregnant employee’s contract
- The rules and periods of notice in the Labor Code apply
- Pursuit of claims before the Labor Court
- The right to compensation for overtime hours in the form of time off or the payment of an allowance
Mandate agreement:
- The legal basis is the Polish Civil Code
- Right to maternity benefit and leave for childcare only if reported to voluntary sickness insurance
- The right to sick leave only if one has registered for voluntary sickness insurance
- There is no obligation to extend the contract with a pregnant employee
- Possible assignment of work to a substitute – a person indicated by the contractor
- Guarantee of only a minimum hourly rate
- No set hours and no specific place of work
- No specific instructions or ongoing orders
- Contributions for pension, disability pension, accident and health insurance are paid by the principal, if the contract of mandate is the only title to social insurance. Sickness insurance is voluntary
- Pursuit of claims before the Civil Court
- No right to overtime hours compensation in form of time off or payment of bonus
- No right to paid annual leave (unless otherwise agreed by the principal and the contractor in the contract)
- No right to special leave
- No right to leave on demand
- Can be terminated at any time