Employment contracts and contracts of mandate are the two most popular types of contracts used in Polish labor law. The differences between the contracts for these two forms of employment are significant and affect the business situations in which they should be used. An employment contract guarantees the employee greater security and stability of employment, as it regulates working time, remuneration and holidays in accordance with the provisions of the Labor Code. An employee is entitled to social benefits and protection against dismissal. On the other hand, a contract of mandate is a form of cooperation that gives more flexibility to both the employer and the contractor. It is a civil law contract that is not subject to the same regulations as an employment contract, which means fewer obligations on the part of the employer.

The choice between an employment contract and a contract of mandate depends mainly on the nature of the work and business needs. Employment contracts are recommended in situations where the employee’s constant availability and organizational subordination are required. They are most often used for full-time employment in companies that need permanent employees. Contracts of mandate, on the other hand, are more suitable for short-term projects or tasks that do not require constant supervision and can be carried out flexibly. This is a popular solution in industries where the result of work counts, not the place and time of its performance. Choosing the right type of contract is crucial for the proper functioning of the business.

The employer’s obligations towards the employee are key elements that ensure the proper functioning of any company. Compliance with health and safety regulations is one of the most important obligations of an employer. Ensuring safe and healthy working conditions is a fundamental employee right that must be respected in every company. The employer is obliged to regularly instruct employees in safety rules and to provide them with appropriate protective equipment.

Timely payment of remuneration is another important obligation of the employer towards the employee. An employee has the right to expect that his or her hard work will be rewarded in accordance with pre-agreed conditions. Failure to meet the payment deadlines can lead to financial problems for the employee and to a loss of trust in the employer. In addition, the employer should ensure appropriate working conditions. This means adapting the workplace to the needs of the employee, which may include ergonomic space arrangement or access to modern tools and technologies. Fulfilling these responsibilities is the foundation for building positive relationships in the workplace and contributes to increasing the effectiveness of the team.

How to draw up an employment contract to make it legal? This is a key question for every employer who wants to avoid legal problems and ensure their own and their employee’s safety. Proper drafting of contracts requires taking into account several important elements. An employment contract should contain information about the parties to the contract, the type of contract, the date of its conclusion and the scope of the employee’s duties. It is important to precisely determine the salary and working time. You should also remember to indicate the place of work and any probationary periods.

When creating an employment contract, it is important to avoid common mistakes, such as imprecise definition of employment conditions or omission of key elements of the contract. These oversights can lead to misunderstandings and disputes, and even legal problems. Therefore, each point of the contract should be clearly formulated and in accordance with the applicable regulations. Following these tips will allow not only to properly draw up contracts, but also to build trust and positive relationships with employees. Avoiding errors and accuracy are the basis for an employment contract to be effective and binding for both parties.

Negotiating the terms of employment with a potential employee is a key stage of the interview. It is worth preparing to set working conditions to reach an agreement satisfactory to both parties. First of all, you should clearly define the expectations towards the candidate and present what your proposals are regarding salary and working time. It is important to be open to dialogue and ready to listen to the expectations of the future employee, which will allow you to work out common solutions.

Setting working conditions also requires flexibility and the ability to compromise. For example, if the candidate expects a higher salary, it is worth considering other forms of support, such as additional days off or flexible working hours. Negotiating the terms of employment is also an opportunity to present the benefits of working for our company, which may convince the employee to accept the offer. Remember that effective communication during a job interview builds trust and helps to establish long-term cooperation.

In this section, you’ll learn what types of contracts can be beneficial for your company depending on its specifics and staffing needs. Choosing the right type of contract is crucial for the proper functioning of the business. Employment contracts, contracts of mandate and other forms of employment may differ in terms of flexibility and obligations of the employer. Beneficial contracts for the company are those that ensure the stability and efficiency of the team’s work. For companies that need employees to be present at all times, employment contracts may be the most suitable. They guarantee stability of employment and full organizational subordination.

On the other hand, for short-term projects, contracts of mandate may be an ideal solution. They give more flexibility and fewer obligations for the employer. The choice of contract should be based on an analysis of business needs and the nature of the work performed. Thoughtful decisions regarding the type of contract allow for optimal use of human and financial resources. It is crucial that the types of contracts are adapted to the specifics of the industry and project requirements. The right approach to contract selection increases the company’s efficiency and improves relations with employees.

Termination of an employment contract can involve many complicated situations that require special attention to legal aspects. From the employer’s perspective, it is important that the termination of cooperation with the employee is carried out in accordance with the provisions of the labor law, which includes the requirements regarding the notice period and the justification of the decision. The employer must also remember about the obligation to inform the employee about the reasons for termination of the contract and any severance pay, if required. Neglecting these issues can lead to legal disputes and claims from the former employee.

On the other hand, from the employee’s perspective, the termination of cooperation is associated with the need to comply with the formal requirements for termination of the contract. An employee should be aware of their rights in a situation where the termination of an employment contract is initiated by the employer, including the right to protection against unjustified dismissal. It is also worth knowing your obligations, such as compliance with the notice period. In complicated situations, such as conflicts with your employer or disagreement on the terms of termination, it can be helpful to seek legal advice to protect your interests.

The importance of ongoing training and professional development in the workplace cannot be overstated. On-the-job training affects employee engagement and increases their effectiveness. Professional development stimulates motivation and increases loyalty to the employer. Companies that invest in employee training gain a competitive advantage in the market.

Employee training can take many forms: workshops, online courses or mentoring. Choosing the right type of training depends on the needs of the company and the individual career goals of employees. Regular training and professional development are the foundation for the success and proper functioning of the team in business.

The definition of a whistleblower can be found in Article 4(1) and (2) of the aforementioned Act. In short, it is a natural person who reports or discloses to the public information about a violation of the law obtained in a work-related context. However, this concept should not be strictly linked to the employment relationship – a whistleblower can also be, m.in example, an apprentice, volunteer, member of a body of a legal person, a partner or a commercial proxy.

Once a whistleblower has made a report, they are entitled to a special type of protection. Pursuant to Article 11 of the said Act, no retaliation or attempts or threats of such actions may be taken against the whistleblower.

However, not every report will entitle you to become a whistleblower. In Article 3(1) of the Act, the legislator has provided for a closed catalogue of violations of the law, the notification of which guarantees protection to the reporting person. These are, m.in, violations of the law related to corruption, environmental protection or protection of privacy and personal data.

First of all, it should be noted that the new obligations will apply to entrepreneurs for whom, as of January 1 or July 1 of a given year, at least 50 people (full-time equivalents) are gainfully employed.

Entrepreneurs who meet the above criterion, in accordance with Article 24(1) of the Act, will be required to establish an internal procedure for reporting breaches of the law and taking follow-up actions (the so-called “internal reporting procedure”).

Entrepreneurs who do not meet the above criterion, on the other hand, will be able to implement such a procedure on an optional basis, but the law does not require them to do so.

The scope of the internal reporting procedure is presented in Article 25(1) of the Act, according to which it should specify:

It is difficult to clearly determine the deadline by which entrepreneurs should introduce the internal reporting procedure. The Act itself does not contain provisions regulating the issue in question, but the government’s position on this issue has changed.

Initially, the government took the position that these procedures should be introduced as early as the entry into force of the Act, i.e. on 25 September 2024. Currently, however, the Ministry of Family, Labour and Social Policy has presented a new position on this matter, in which it extended it until 1 January 2025 (however, no legal act confirming the above-mentioned deadline has been issued).

If doubts arise on your part as to whether the business entity you are running is obliged to establish an internal notification procedure, or you need support in introducing or adapting the procedure in question, or perhaps you are wondering about other issues related to this topic, we invite you to contact us. We will be happy to support you in these matters. This will leave you with peace of mind that your affairs are in the right hands.