What are the basic differences between employment contract and mandate agreement?

< Wróć
Drukuj

What are the basic differences between employment contract and mandate agreement?

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