If you are a contractor (performing work under a contract of mandate), your rights and obligations arise from the provisions of the Civil Code. This is important because you need to be aware that despite performing work, you are not considered an “employee” within the meaning of the Labor Code. Therefore, as a rule, you do not have certain rights, e.g. paid annual leave or protection against immediate termination (unless otherwise specified in the contract of mandate). You do have a number of other entitlements, however, including, among others, the right to:

• remuneration (the statutory minimum hourly rate at least);
• flexibility in setting the place and time of work (e.g. no fixed working hours);
• reimbursement of expenses incurred in performing the mandate;
• termination of the contract at any time, even without giving a reason (note, however, that if the termination occurs without a valid reason and the contract was paid, you as the contractor may be required to compensate for any resulting damage);
• compensation in the event of improper performance of obligations by the ordering party;
• making your own decision whether the sickness insurance contribution should be paid by the ordering party (as a rule, the other contributions should be paid by the ordering party, although there may be exceptions, e.g. for students under the age of 26);
• safe working conditions.

Moreover, as a foreigner performing work under a contract of mandate, you have additional rights, including the right to:

• receiving a copy of the declaration of entrusting work to a foreigner or a work permit;
• receiving a written contract that forms the basis for performing the work;
• receiving the content of the contract in a language you understand;
• obtaining information about the legality of employment – you can clarify with the employer on what basis you are performing the work (e.g., declaration, permit, notification).

It is very important that you have the right to equal treatment in employment – on the same terms as Polish citizens. This applies in particular to the remuneration for the work you have performed, working conditions, etc. If your rights as a contractor (a person performing work under a contract of mandate) have been violated, check the section entitled “Violation of employee rights” to see what you can do.