How to terminate a contract under umowa zlecenia in Poland?
Umowa zlecenia is a popular form of employment in Poland. It offers several advantages, including reduced ZUS contributions, which appeal to both employers and employees. However, it is important to remember that the rights under this contract differ significantly from those provided by a full employment contract, especially in terms of termination. Although the termination process for umowa zlecenia is simplified, certain procedures still need to be followed.
According to Polish law, both the client and the contractor can terminate the umowa zlecenia without specifying a termination date, but it is crucial to observe certain mandatory conditions. If either party decides to terminate the contract for a valid reason, they must state the reason and complete all required formalities. Specifically, if the client terminates the contract for a valid reason, they must compensate the contractor for any expenses incurred.
Let’s look in more detail at how to properly terminate an umowa zlecenia and avoid mistakes, as well as the essential formalities required for a successful termination.
How to properly terminate an umowa zlecenia?
The process of terminating an umowa zlecenia in Poland is relatively simple, but it still requires following certain steps to avoid legal mistakes. To do this, it is important to understand the basic principles that define the conditions for termination under such a contract:
- Termination without cause: Both parties have the right to terminate the contract without giving a reason, but notice of termination must be given no later than 7 days before the desired termination date.
- Termination for a valid reason: If either party terminates the contract for a valid reason (e.g., breach of contract or improper performance of obligations), the other party must be notified immediately. It is also important that termination for a valid reason obligates compensation for expenses.
- Compensation for expenses: If termination occurs for a valid reason, the terminating party must compensate the other party for expenses incurred. This may include costs for work performed, materials, or other unreturned expenses.
- Conditions for termination: The termination procedure must be documented in writing to avoid misunderstandings or disputes. The termination of the contract must be agreed upon by both parties.
Key documents for terminating an umowa zlecenia
To terminate an umowa zlecenia in Poland, several important documents must be prepared, which may vary depending on the specific situation. Here are the main documents:
- Written notice of termination: The notice should specify the exact date of termination and, if necessary, the reason for termination.
- Documents confirming expenses: If the termination occurs for a valid reason, documents proving the expenses incurred by the terminating party should be submitted.
- Signed agreements: If the contract contains additional agreements or provisions that regulate termination, these should also be considered when terminating the umowa zlecenia.
Frequently asked questions and answers
Question
Can the employer terminate the employee’s contract under umowa zlecenia without prior notice?
Answer
Yes, the employer can terminate the employee’s contract without prior notice if it is stipulated in the contract or in the case of a valid reason. However, the legal requirements must be followed, and the termination must be properly documented.
Question
Can you terminate an umowa zlecenia without penalties?
Answer
Yes, you can terminate an umowa zlecenia without penalties as long as the termination is properly documented and all contractual conditions are met. If the termination is for a valid reason, the terminating party must compensate the other party for expenses.
Question
What should you do if disputes arise when terminating an umowa zlecenia?
Answer
If disputes arise during the termination of the umowa zlecenia, it is important to consult a lawyer or attorney to ensure the issue is resolved correctly. This will help avoid legal consequences and protect both parties' interests.
Icons for convenience
Documents: Prepare all the necessary documents for contract termination.
Notification: Submit written notice of termination in advance.
Compensation: If the termination is for a valid reason, compensate the expenses.
Terminating an umowa zlecenia in Poland is a relatively simple process if all procedures are followed correctly. Understanding the basic steps, preparing the necessary documents, and properly completing the termination will help avoid unpleasant consequences. If you have any questions or need legal assistance with termination, reach out to our experts, and we will assist you at every step of the process.
