Poland: a minimum wage for civil law contracts

According to Central Statistical Office 700 thousand Poles (4.4 % of workers) are employed on the basis of civil law contracts instead of labour law contracts. However, most of them, if they had a choice, would prefer employment contract. In order to prevent further segmentation of the employment market and abuse of civil law contracts as well as to protect those receiving remuneration at the lowest level, the Polish Parliament adopted a law introducing a minimum hourly rate of 12 PLN (2,73 EUR) for workers employed on civil law contracts (especially contracts for services) and for the self-employed. In comparison, the minimum hourly rate for workers amounts to 10 – 11 PLN (on a 40h per week basis). The act was signed by the President on 5th August and its main provision will enter into force on 1st January 2017 in order to give the employers time to adapt to the new rules.
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This amount will be indexed annually according to the increase of the minimum wage for workers on employment contracts. The hourly rate will not apply to those workers on civil law contracts, which specify the time and place of work, and are entitled to commission fees. Exceptions also include certain categories of contracts in caring services e.g. contracts for providing social assistance or the care of a child in foster care.

Workers (on a contract of mandate or service) will not be able to wa

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