Agency contract vs employment contract – differences for foreigners in Poland

PREMIUM 20.98

advertisement

Boiko Kateryna

Lawyer

Poland / Warsaw

i

Reading time: 11 minutes Total views: 2

Rate:

0

Publication date: 01.02.2026

For foreigners planning to work in Poland, the choice of employment form is not only of financial but also of legal importance. Most often, employers offer an agency contract or an employment contract. Although both forms are legal, their consequences for taxes, social security, employment stability and legalization of stay are significantly different. 

That is why the question of how an agency contract differs from an employment contract is key for foreigners. The wrong choice can affect not only the level of income, but also the possibility of obtaining or extending a residence card, access to social benefits and protection in the event of a dispute with the employer. 

Employment contract and agency contract: legal nature and basic characteristics 

An employment contract and an agency contract are regulated by different regulatory acts. Umowa o pracę falls under labor law, while umowa zlecenie is a civil law contract. 

An employment contract provides for: 

• subordination of the employee to the employer; 
• defined working hours and place of work; 
• guaranteed minimum wage; 
• right to paid vacation and sick leave;
•  full social insurance package. 

An agency contract (umowa zlecenie) is characterized by: 

• greater flexibility in performing tasks; 
• lack of vacation guarantee; 
• payment for work performed or hours; 
• different amount of insurance contributions depending on the situation. 

These features form the main differences between an agency contract and an employment contract, which should be taken into account even before signing the documents. 

Earnings: agency contract vs. employment contract 

The issue of income is often decisive. When comparing earnings: agency contract vs employment contract, one should consider not only the amount “on hand”, but also the long-term consequences. 

Under an employment contract: 

• the salary is stable; 
• there is a minimum wage; 
• the employer is obliged to pay full social contributions. 

Under an agency contract: 

• income may be higher in the short term; 
• the level of contributions depends on other sources of income; 
• there are no guarantees of payment during periods of absence from work. 

It is important for foreigners to understand that a higher net income under an umowa zlecenie does not always mean more favorable conditions in terms of legalization of stay. 

Agency contract and employment contract at the same time: legal nuances 

In practice, a situation is possible when a person has an agency contract and an employment contract at the same time. This is allowed by Polish law, but requires careful analysis. 

An agency contract under an employment contract can be used for: 

• performance of additional duties; 
• cooperation with another employer; 
• short-term projects. 

At the same time, there are risks for foreigners: 

• not every agency contract is recognized as a stable source of income; 
• separate work permits may be required; 
• errors in documents affect the assessment of the legality of work. 

That is why combining contracts requires professional verification. 

Differences between an agency contract and an employment contract in the context of legalization 

For foreigners, the differences between an agency contract and an employment contract in terms of migration procedures are of key importance. An employment contract is more often considered by the authorities as confirmation of stable employment, which is important when applying for a residence card. 

An agency contract may be sufficient in some cases, however: 

1. requires detailed justification of income; 
2. does not always guarantee a positive decision; 
3. more often causes additional requests from the authorities. 

What to choose – an agency contract or an employment contract 

The question what to choose – an agency contract or an employment contract does not have a universal answer. The choice depends on the foreigner’s goals, type of work and plans for staying in Poland. 

An employment contract is advisable if: 

• stability is important; 
• social protection matters; 
• long-term stay is planned. 

An agency contract may be appropriate if: 

• flexibility is required; 
• the work is temporary; 
• there are several sources of income. 

How a lawyer helps a foreigner make the right choice 

A professional lawyer: 

1. analyzes the terms of the contract; 
2. explains how an agency contract differs from an employment contract in a specific situation; 
3. assesses the risks for legalizing work and stay; 
4. helps determine the optimal form of employment; 
5. supports communication with the employer. 

This approach allows avoiding mistakes that may have long-term consequences. 

FAQ

• 
• Link copied
• 
• 
• 
•