LABOR CONTRACTS


The Labor Code is the legal basis regulating labor relations by the labor contract. The most common labor contracts are:
1. Umowa o pracę (Employment Contract)
2. Umowa o zlecenie (Work Contract)
3. Umowa o dzieło (Contract for work)
 There are employment contacts for fixed and for indefinite term.

TYPES OF LABOR CONTRACTS in Poland:
Umowa o pracę
The Employment Contract may not contain regulations less favorable than provided by the Labor Code. Employment contract gives the employee rights, that are not provided by civil contract:
⋅ Paid vacation
⋅ Enhancing qualification possibilities
⋅ Paid sick leave
⋅ Accounting for work experience
⋅ Defines the rules for contract termination
⋅ Defines the payment for overtime work, defined in the Labor Code
According to labor contracts, even if the employee is a foreigner, the contributions for social, health insurance a well as tax contributions are paid (employer is obliged to register a new employee in the Social Security Administration (ZUS) within 7 days after the start of his work), a well as tax deductions. Foreign workers have the same labor rights and the term of employment under a contract for a fixed period is included in the work experience.
Umowa o zlecenie
Work Civil Contract. Paid vacation is not granted. At the end of the contract the employer is not required to hire an employee for next term. Office service work should be settled in the form of work contract.
Umowa o dzieło
Contract for work – civil contract for specified work that may be performed beyond the location specified by the employer. The results of work are provided in accordance with the contract. Paid vacation is not granted. At the end of the contract the employer is not required to hire an employee for next term.

TYPES OF EMPLOYMENT CONTRACTS:
Contract for a fixed term
Contract for a fixed period is signed by the employer and employee and is valid temporarily until a certain date, and is terminated after the expiry of the term for which it was signed.
In case when the employer has signed with an employee two regular contracts for a fixed term and term between these contracts does not exceed 1 month, the third contract is considered for an indefinite period. This does not apply to contracts signed to substitute an absent employee and contracts on temporary work, seasonal or periodic sales.
Contract for a fixed term may be terminated by mutual agreement of the parties in the case, if the contract is signed for a period of more than six months and provides the possibility of its termination. In this case, the period of written notification on termination is 2 weeks,  the reason of termination of the contract are not required in the notification.
A seasonal contract is a type of a contract for a fixed term – its duration is limited to one season.
Contract for an indefinite term
Most profitable for employee is a contract for an indefinite term as a predefined period of the employment is not specified.
Contract may be terminated by mutual agreement between of the parties. Period of written notification on termination of the contract depends on the period of employment of the work and makes 2 weeks (if the employee has been employed for at least 6 months), 1 month (if the employee has been employed for at least 6 months), 3 months (if the employee has been employed at least 3 years).
The Labor Code and other labor laws specify categories of workers who can not be fired. These workers are, in particular: workers absent due to illness, employees staying on vacation, including child care, pregnant women, members of the trade and labor unions authorized to represent the Union.

The contract is signed in written form no later than the date of first work day and contains the following elements:
Parties (employer and employee)
Type of contract
Date of signing
Type of work (position, functions and description of the responsibilities of the employee)
The work place
Salary in accordance with the type of operation (specified in the contract gross, while working full-time can not be less than the minimum salary)
Operating time (rate)
Date of work start – if not specified in the contract, it is assumed that it is the day of signing the contract
In the case of foreigners, a contract in written form is very important as it is verified during the Legal employment control.

 

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