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. As of January 1, 2017, the hourly minimum wage is set at 13 PLN for people working on the basis of a mandate contract. A warrant contract is a contract in which a person gives another person the power to perform certain acts on behalf of the individual in legal matters. This is commonly referred to as « proxy. » These contracts can be entered into for a variety of reasons. The lessor may go on vacation or be employed in another way and must have signed a contract, lease agreement or other legal document while he or she is away. The agent may also be in good health, but physically limited, which requires the use of a mandate contract to do business or in some other way inclined to the agent`s business. The powers of the compulsory are extended to tasks equal to those mentioned in the mandate. The conclusion of a mandate contract implies that the company produces the document both for advantages and disadvantages compared to ILC. 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. 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. 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. 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 contract itself may provide for a specific date when it expires. It can also be terminated if all obligations contained in the contract are fulfilled. A mandate contract can also be extinguished by the obligation or with the death of both. 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.