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Characteristic Elements of Specific Work Contract

Since the beginning of this year every entrepreneur concluding a contract of specific work is obliged to report it to the Social Insurance Institution (ZUS). In order to do this, you have to use RUD form where is a place for description of the subject matter of such contract. Officially that data is collected for statistical purposes, but it is good to review contracts you conclude. Below I shortly present most characteristic elements which should be included into every specific work contract.

Effect of Work

Subject matter of a contract should refer to a specific result of work. A contract of mandate concerns performance of activities, but a specific work contract should determine an effect of activities which should be achieved.

No Work Time

A specific work contract should not determine any work time. A contractor is obliged to achieve a specific result irrespective of how much time it takes. Remuneration is for the effect and not for work time.

Lump Sum Remuneration

 An important element of a specific work contract is a lump sum remuneration. Any provisions indicating that remuneration is connected with work time, increase risk of qualifying such agreement as a contract of mandate.

Work Acceptance

In a model contract of specific work, an acceptance procedure and right for a principal to submit remarks, should be included. An acceptance of work should be confirmed by an acceptance protocol.

Tomasz Korolko

Partner

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