MDB Recruitment Forms of employment

MDB Junction

Forms of employment

When hiring a new employee, the entrepreneur can choose from various forms of employment. There are two documents in Polish law that define the forms of employment: the Labor Code - defines the employment contract and the related rules, rights and obligations of the employer and employee, and the Civil Code - specifying the rules for concluding a specific work contract, mandate contract and other forms of work performance.

CIVIL LAW AGREEMENT:

This type of contract is very popular because it is characterized by the freedom to choose how to perform work. A civil law contract is a form of employment regulated by the Civil Code. Among the types of civil law contracts, the basic ones are:

a contract for specific work
contract of mandate

ORDER CONTRACT:

By the contract of mandate, the party accepting the order (contractor) undertakes to perform a specific legal action for the party giving the order (customer). It may be concluded between any natural or legal persons with legal capacity. Work on a mandate contract is a diligent performance contract,

Benefits:

no obligation to remain at the employer's disposal,
it can be resolved at a convenient time,
social security contributions and tax,

Disadvantages:

as a rule, the period of work is not included in the number of years of service (early retirement)
it is not a full-time job
the provisions of the Labor Code do not apply to the mandate contract
no obligation to confirm the termination of cooperation;
the contractor is formally independent of the employer.

If you are not an office worker, you value freedom, lack of formal dependence on the employer and the possibility of changing jobs, this Agreement is for you.

CONTRACT WORK:

It obliges the employee to perform the work specified in the contract, and the employer to pay remuneration for its performance. The condition for its occurrence is to specify in the contract what work is to be performed. It can be tangible or intangible.

Benefits:

the way the work is performed is left to the discretion of the contracting party;
the order taker does not have to perform the work in person, unless it is stipulated in the contract;
work is performed without management.

Disadvantages:

the provisions of the Labor Code on the protection of remuneration for work do not apply to the contract of mandate.
the risk as to the performance and quality of the work is borne by the party taking the order.

If you value freedom as to where, when and how to perform the work, this Agreement is for you.

CONTRACT OF EMPLOYMENT:

An employment contract is the basic form of contract used between an employee and an employer. It includes the following elements: type of work, place of work, working hours and remuneration. It obliges the Employer to pay social security contributions and taxes on behalf of the employee.

Benefits:

the right to paid leave,
sick pay,
acquisition of seniority for the purpose of early retirement,

Disadvantages:

termination of the contract is possible only with the consent of both parties,
work for more than 8 hours is possible only with the consent of the employer,
strictly defined place and time of work,
you cannot entrust the performance of work to another person,
work is performed under the guidance.

If you plan a long-term cooperation with one employer and your scope of work is administrative and office, this type of Agreement is most suitable for you.

Before entering into cooperation, it is worth getting acquainted with all the possibilities presented above. Choosing the right form of employment is very important both from the perspective of the employer and the employee. Polish law defines many types of contracts, among which you can find a solution that will work best depending on the type of cooperation and services provided.