A guidebook on concluding and terminating employment contracts, mandate contracts and contracts for specific work or commission.

The authors of our publication are: Ph. D Iwona Jaroszewska-Ignatowska, Katarzyna Sarek-Sadurska, Katarzyna Serwińska, Natalia Basista, Anna Boguska, Tomasz Kret, Wojciech Kwiatkowski, Agnieszka Piasecka.

From the HR perspective, 2020 and 2021 brought intensification in terms of hiring and dismissing employees. Some are unfortunately forced to carry out layoffs, while in some cases we have observed an increase in the need for extra employees. Currently, it is possible (and more popular) to conclude and terminate contracts by distance, which allows for these processes to be carried out efficiently - in our publication we advise how best to do this.

In an uncertain economic situation, it is important to choose the contract under which we want to hire. Companies are sometimes forced to conclude fixed-term employment contracts, sometimes they also decide on civil law contracts. Each of them has its own rules, its conclusion may be more or less justified in a given situation and involve a different degree of risk. In the guide, we compare employment based on an employment contract, contract of mandate and contract of commission, and answer questions related to the choice of each of these solutions.

We also describe the benefits that may be due on the occasion of the termination of the employment contract. We analyse the issue of their taxation and contributions. In addition, during the period of an epidemic emergency or an epidemic, announced due to COVID-19, some of these benefits may be limited to 10 times the amount of the minimum wage. We indicate when and for which benefits such reduction will be possible.

An employment contract may be terminated (1) with the expiry of the period for which it was concluded, (2) by agreement of the parties, (3) as a result of termination, and (4) as a result of a declaration of termination without observing the notice period. Each of these methods has its own rules, and the employers have different obligations and risks. In the book, we describe these methods, advise on how to formulate the reasons for the termination of the contract, present the procedure of collective redundancies, discuss the issues of protection of an employee against dismissal, why it is important to consult the intention of dismissal with the trade union and the right of an employee to re-employment.

In addition, the guidebook deals with issues such as:

•    documents related to the employment of a new employee 
•    documentation kept for employees based on a contract of mandate and commission
•    medical examinations and safety-at-work training
•    termination of civil law contracts
•    claims related to non-performance of the contract and their statute of limitations

This guidebook is directed mainly to head of HR departments and its specialists. 

The table of contents of the book "Employment contracts, orders for specific work - conclusion and termination"

Chapter 1. Concluding employment contracts

1.    Parties to the employment contract
2.    Representation at the conclusion of the contract
3.    The form and types of an employment contract
4.    Elements of the employment contract
5.    Referral for medical examinations and safety-at-work training
6.    Documents related to employment

Chapter 2. Concluding civil law contracts

1.    Parties to the contract
2.    Representation at the conclusion of the contract
3.    Form and types of civil law contracts
4.    Elements of civil law contracts
5.    Medical examinations and safety-at-work training 
6.    Documents related to employment
7.    How to distinguish which contract we are dealing with: for work, commission or specific work

Chapter 3. Ways of terminating employment contracts

1.    General remarks
2.    Possible reasons for dismissing the employee
3.    Termination of the contract for reasons relating to the employee
4.    Termination of the contract for reasons not related to the employee
5.    Termination of the contract by the employer - mixed reasons
6.    Termination of the contract without period of notice
7.    Procedure for collective redundancies
8.    Protection of the employee against dismissal
9.    The employee's right to re-employment

Chapter 4. Conducting dismissal during remote work times

1.    Written form requirement
2.    Personal terminations
3.    Termination of the distance contract
4.    Agreement terminating the online employment contract
5.    Remote consultation of the intention to dismiss with the trade union organization

Chapter 5. Employment termination benefits

1.    General remarks
2.    General remarks on personal income tax
3.    General remarks - social insurance
4.    Severance pay
5.    Taxation of severance pay
6.    Retirement and disability severance pay
7.    Retirement and disability severance pay - special act, taxes and ZUS (Social insurance institution)
8.    Equivalent for unused leave
9.    Compensation for a shortened notice period
10.    Compensation for incorrect termination of the employment contract and remuneration for the period of unemployment
11.    Compensation for non-competition
12.    Other cash benefits
13.    Benefits granted in the form of shares
14.    Right to a company car
15.    Purchase of official equipment
16.    Private medical care
17.    Outplacement

Chapter 6. Termination of civil law contracts

1.    Method of contract termination

Chapter 7. Claims in the event of non-performance of the contract

1.    Claims
2.    Statute of limitations

The book was published by Infor Biznes Sp. z o.o. and was available for purchase together with Dziennik Gazeta Prawna.