Freedom or risk? Lateness, absenteeism, and refusal to work: the hidden advantages of a mandate contract (umowa zlecenie)

For most foreigners in Poland, the ideal employment is considered to be an Umowa o pracę (employment contract). It provides paid leave, sick pay, and protection against sudden dismissal. Compared to it, an Umowa zlecenie (mandate contract/civil law contract) is often perceived as a “junk contract” (umowa śmieciowa) that deprives the worker of stability.

But let’s look at the situation from a different angle. An umowa zlecenie is not regulated by the strict Labor Code (Kodeks Pracy), but by the Civil Code (Kodeks Cywilny). And this gives you a level of freedom that “regular” employees can only dream of.

Let’s break down why things considered gross violations under an employment contract (lateness, absenteeism, refusal to do tasks) turn into your legal advantage under a mandate contract.

1. Lateness: why you can’t be “late” on an umowa zlecenie?

At a classic job, you are obliged to be at your desk at exactly 8:00 AM. 15 minutes late? Expect a reprimand from your boss.

Under an umowa zlecenie, the concept of “working hours” in the traditional sense does not exist. The main principle of a civil law contract is the lack of direct subordination (brak podporządkowania). The client (zleceniodawca) pays you for the completed task or the hours worked, not for “sitting through” a 9-to-5 shift.

  • How it works: You decide for yourself when and how to perform the task (unless dictated otherwise by the objective nature of the work — for example, if you are a security guard at an event that starts at a specific time).

  • The bottom line: You can start work later, take a break in the middle of the day, or leave earlier if the workload is done. The result is what matters.

2. Absenteeism: no “disciplinary dismissal” or ruined reputation

The nightmare of any employee on an umowa o pracę is a zwolnienie dyscyplinarne (disciplinary dismissal with immediate effect for unjustified absence). This record stays forever in your Certificate of Employment (Świadectwo pracy) and makes finding a new job very difficult.

Under an umowa zlecenie, the concept of “unjustified absence” (nieusprawiedliwiona nieobecność) simply does not exist.

  • How it works: If you didn’t show up to fulfill the mandate (overslept, went out of town, or simply didn’t want to), you cannot be disciplinary dismissed. You do not receive a Świadectwo pracy, so your reputation with future employers remains clean.

  • The bottom line: The worst thing that can happen is that you simply won’t get paid for those hours or days, since you didn’t perform the task.

3. Refusal to work and the right to substitution (Zastępstwo)

Are you tired, sick (with no paid sick leave), or did you just find a better side gig?

  • Freedom of termination: By default, an umowa zlecenie can be terminated at any time with immediate effect (ze skutkiem natychmiastowym). You don’t have to wait 2 weeks or 1 month, like with an umowa o pracę. You can write a notice in the evening and simply not show up the next morning.

  • The right to subcontract: The Civil Code (Art. 738 KC) allows you to… send someone else in your place! Unless your contract explicitly prohibits the transfer of duties to third parties, you have every right to delegate your task to a friend if you do not want to or cannot do it yourself.

The fly in the ointment: what you need to remember

Freedom is great, but it’s important to stay grounded. The lack of strict control has a flip side:

  1. Contractual penalties (Kary umowne). Yes, the client cannot mark you down for an “unjustified absence.” But they can include a financial penalty in the contract for not showing up at the site without warning or for missing deadlines. Read the contract carefully before signing!

  2. Symmetrical dismissal. Just as you can leave from one day to the next, the client can terminate the contract with you at any minute without explaining the reasons.

  3. No work — no money. You do not have a guaranteed base salary for idle time. Your income depends solely on the time actually worked or the volume completed.