The obligation to evidence working hours of contractors and the self-employed may create doubts as to the nature of the contract between them and the company ordering their services. This, in turn, may result in disagreements on the time in which their tasks are performed and the value of remuneration. These are the dangers pointed out by employers.
– Such solutions will result in a unification of employment on the basis of contracts of employment and contracts of order. In my opinion, this will be a signal for companies that signing the latter form of contracts is always allowed, as long as the minimum wage is provided – remarks Monika Gładoch, attorney at law and expert of Employers of Poland.
– Controlling, evidencing and settling working time means fulfilling one’s tasks in a relation of subordination to the company. This shows that in such cases we are dealing with a contract of employment rather than a civil one – Gładoch emphasizes.
She stresses that a contract of order does not involve the provision of services by one party in subordination to the other. – The ordering party may cooperate in the realization of the order and assess the effects of the services provided, but the contractors retains full freedom in organizing his tasks. This principle will be violated – she adds.
Moreover, one cannot ignore possible disagreements over establishing working hours (both when it is to be done by the contracting party and when it is the task of the contractor of self-employed themselves). This may lead an increase number of lawsuits.
– Should that be the case, they will go not to labour courts, but to civil courts – remarks Monika Gładoch.