Types of Employment Contracts in Poland
A Ukrainian is getting a job in Poland, and the employer presents a document for signing. But what exactly should be signed — an employment contract or another type of document? The difference may seem formal, but it concerns the most important aspects: vacation, sick leave, seniority, and protection against dismissal.
The type of contract chosen determines the level of protection for the employee for years to come. The same work can be formalized in completely different ways, which affects the real rights of the individual, not just the wording in the document.
This article will examine the main types of contracts — from employment contracts to civil law forms — their differences and practical advice. The lawyers of JSC "Protection" help to understand how the employment contract differs from other forms of labor in Poland and protect the individual's interests.
Employment Contract — What It Is and What It Offers to Employees
This is a labor contract in the classical sense, the most protected form of employment in Poland. It is based on the Labor Code and provides the employee with a full set of guarantees.
Such a contract ensures a minimum wage, paid vacation, sick pay, and labor protection against arbitrary dismissal — the employer is required to observe notice periods and state the reason for termination. This is the only type of contract that is fully counted towards labor seniority.
Employment Contract for Ukrainians — Rights and Guarantees
For foreigners, including Ukrainians, this type of labor contract provides the same set of rights as for Polish citizens: equal pay for work, social insurance, access to medical assistance through ZUS, and protection against workplace discrimination.
The employer is obliged to issue a work permit or notification, depending on the foreigner's status, and to conclude the employment contract in writing before the start of work in Poland.
Types of Employment Contracts — Fixed-term, Indefinite, and Probationary
The employment contract in Poland as the main form of employment exists in several forms:
- indefinite contract — the most stable form without a time limit;
- fixed-term contract — concluded for a specific period with a limitation on the total duration;
- probationary contract — a short period to assess job fit, usually up to three months.
Each type of employment contract preserves the key guarantees of the Labor Code, differing only in terms of duration and conditions for termination.
Commission Contract — What It Is and How It Differs from Employment Contract
This is a civil law contract governed by the Civil Code, not the Labor Code. Formally, it is a mandate agreement: one party performs certain actions for another for remuneration in Poland.
Such a contract has no fixed schedule or designated workplace, no right to paid leave, and sick pay is only provided if there is voluntary insurance. The period of cooperation under the commission contract is generally not counted towards labor seniority on common grounds.
Employers often offer such a document instead of an employment contract precisely because it reduces personnel costs — fewer mandatory contributions and fewer formal obligations.
Commission Contract and Employment Contract — Differences in ZUS Contributions and Taxes
Contributions to ZUS under this contract depend on the situation of the performer. If this is the only source of income, contributions are almost entirely mandatory; if a person is already employed under an employment contract with a salary above the minimum wage, only the health contribution is deducted from that income.
In the case of an employment contract, all mandatory contributions are paid by the employer without exceptions. Under this arrangement, the amount of contributions can vary depending on the status and other sources of income for the performer.
When Commission Contract is Beneficial for Employees — Students and Exceptions
There are cases when this work format is indeed convenient for students. Students and pupils under 26 years old do not incur ZUS contributions under this arrangement, so the entire amount of remuneration is paid in hand.
A flexible schedule without location constraints is also suitable for those who combine several activities or work short-term.
Employment Contract and Commission Contract — Comparison by Key Parameters
A visual comparison helps quickly understand the differences between the two forms of employment:
| Parameter | Employment Contract | Commission Contract |
| Legal Basis | Labor Code | Civil Code |
| Labor Seniority | fully counted | usually not counted |
| Paid Vacation | yes | no |
| Sick Pay | paid | only with voluntary insurance |
| Protection Against Dismissal | notice periods and reasons are mandatory | minimal restrictions |
| Overtime | paid by law | not regulated by Labor Code |
| Work Schedule | fixed | flexible |
| Disputes | labor court | civil court |
Commission Contract — When It Is Legal, and When the Employer Violates the Law
This arrangement is legal if the work does not actually require adherence to a schedule and direct supervision characteristic of an employment contract. Problems arise when such a document on paper disguises actual labor relations typical of employment.
Starting July 8, 2026, the State Labor Inspectorate has the right to reclassify a wrongly formalized commission contract into an employment contract if it has the hallmarks of an employment relationship in fact.
What to Choose: Employment Contract or Commission Contract — Practical Recommendations
If stability, seniority, vacation, and protection against dismissal are important — it is worth insisting on an employment contract. If priority is given to flexibility and working without a fixed schedule, the commission form may be more convenient for short-term contracts.
The decision to choose between an employment contract and another form should be made consciously, rather than simply agreeing to what the employer has proposed.
Work Contract — The Third Type of Contract That Is Little Known
Work contract is another civil law form, but with a different logic. Payment is made for a final, measurable result, not for the work process itself.
Under certain conditions, such an agreement does not incur mandatory ZUS contributions at all — the employer only pays tax. The work contract is used for project, creative, and one-time tasks: repairs, website development, text writing, equipment installation.
Work Contract and Commission Contract — What Is the Difference
The main difference is the subject of the contract. This agreement pays for the diligent performance of actions, while the work contract pays for a specific completed result.
If the performer is already in a relationship with the same company under an employment contract, the work document with them is subject to full contributions, like ordinary salary.
Risks of Work Contract for Foreign Workers in Poland
The main risk is the almost complete absence of social protection: no pension contributions, no sick pay, no counting towards labor seniority. For regular permanent employment compared to an employment contract, this is disadvantageous.
Another risk is substitution: if a person is actually performing regular current tasks with adherence to a schedule rather than a one-time result, the work contract may be deemed improperly formalized during an inspection.
Employment Contract in Poland — How to Protect Your Rights
Before signing a document, it is useful to check several points at work, regardless of its name.
What to check in advance:
- read the document in full and clarify any unclear wording before signing;
- compare the actual working conditions with what is stipulated in the employment contract or another document;
- ensure that payment, schedule, and termination procedures are specified;
- keep a signed copy of the contract.
These simple steps help avoid surprises after starting work.
Signs of Substitution of Employment Contract — When Commission is Illegal
There are clear labor signals of substitution when on paper it is a civil law form, but in fact, it is ordinary employment at the enterprise:
- fixed working hours set by the employer;
- mandatory subordination to a direct supervisor and their instructions at the workplace;
- performing work on the premises and equipment of the employer;
- impossibility of transferring the execution of the task to another person;
- continuous cooperation for months without breaks.
The more such signs coincide, the higher the likelihood that the document is improperly formalized.
Where to Turn if the Employer Violates the Terms of the Employment Contract
In case of rights violation, the first step is usually to contact the State Labor Inspectorate — the body that checks compliance with standards and the legality of contract formalization.
If the dispute cannot be resolved administratively, the next step is the labor court. Legal assistance at this stage significantly increases the chances of a successful outcome.
