Employment and mandate contract in Poland – crucial differences and consequences for employer
Publication date: December 12, 2025
The main differences between these contracts
An employment contract and a contract of mandate have their origins in two different regulations. An employment contract is regulated in the Labor Code (Chapter 2, Section 1), while a contract of mandate has its essential negotiating power in Title XXI of the Civil Code. However, an employment contract requires the application of the provisions of the Civil Code regarding, for example, defects in a declaration of intent (Articles 82-88), negotiations, or offers (Articles 66-72). As the Supreme Court noted in its judgment of November 29, 2017, I PK 358/16, LEX No. 2433081, in addition to personal subordination between employer and employee, legal issues are also important due to the various legal consequences these contracts have. A contract of mandate does not obligate the principal and the contractor to conclude an agreement, although regardless of the name of the contract, if it contains the requirements of Article 22 § 1 of the Labor Code, it becomes an employment contract.
