On the other hand, the mandated person is not in a subordination relationship with the company in the context of the mandate relationship. This can be a disadvantage for the company, as it cannot regulate the actions of the mandated person in the same way as the actions of an employee. As a general rule, both contracts generally have a benefit to a recipient under the work program. Both the individual employment contract and the mandate contract have a common characteristic, i.e. the benefit is compensated by remuneration. It is possible to revoke the contract without justifying the decision to withdraw and to respect it without prior procedure. In the event of termination of an individual employment contract, it is necessary to be included in one of the dismissal cases expressly provided for by Law 53 / 2003 – Labour Code. It may also be necessary to submit to a pre-termination procedure, such as the collective dismissal procedure or the prior disciplinary procedure. B.dem. The company has the option of including in the mandate contract certain clauses that are not authorized in an individual employment contract, such as.
B notice of less than 20 working days in case of termination of the contract or payment of the quarterly and non-monthly remuneration. The mandate contract, when the person receives at least a minimum wage and is required to contribute to the social security and the work fund, is included in the 365 days that are entitled to unemployment benefits. The mandate contract and the individual employment contract (“ILC”) are governed differently, so that the ILC is governed by the labour code, while the mandate contract is governed by the Commercial Enterprise Act 31/1990. We believe that, from the company`s point of view, the mandate contract has advantages over the individual employment contract, particularly with respect to the termination of the contract. The conclusion of a mandate contract implies that the company produces the document both for advantages and disadvantages compared to ILC. Contract contract is a civil agreement governed by the Civil Code. The agent makes a commitment to perform a specific legal act for the agent. In addition, the mandate contract has the advantage of not being subject to the formalities required in the case of an individual employment contract (which must contain certain minimum requirements imposed by law). As of January 1, 2017, the hourly minimum wage is set at 13 PLN for people working on the basis of a mandate contract.
If the mandate contract contains too many employment elements, the contract is converted into an employment contract. In a mandate agreement with Monte Titoli S.p.A. (“Monte Titoli”), Monte Titoli agreed to provide the issuer with certain child care and management services regarding guaranteed obligations. For an elected official, an agent contract has advantages because he can act as he deems necessary to fulfill his mandate, unlike an employee who still works under the authority of the employer and according to his instructions. At the same time, the conclusion of a mandate contract has drawbacks from the agent`s point of view, not least because the delegate does not benefit from the work protection measures offered to workers by labour law (. B, for example, the protection against dismissal offered to workers in certain situations expressly defined by law, by granting a minimum number of days of rest setting a maximum number of hours worked).