Translated version. In case of discrepancies, the Polish version prevails. Polish version

Mandate contract or employment? Employment features questionnaire

Answer questions about what your work really looks like. We will show which features of an employment relationship under Article 22 § 1 of the Labour Code are present, which are missing and what cannot be assessed without more information.

The result is not a legal assessment or a prediction. We give no percentages or odds, because whether an employment relationship exists is decided by the District Labour Inspector in a decision or by a labour court after examining all the circumstances. Your answers are not sent anywhere.

On what basis do you perform the work? Contract of mandate (umowa zlecenia) or another civil-law contract B2B (your own sole proprietorship) No contract at all

Do you still work for this entity? Yes No, the work has ended

What your work looks like

Questions 1-5 correspond to the features listed in Article 22 § 1 of the Labour Code. Questions 6-9 concern circumstances that help describe the work as a whole but are not listed in that provision.

1. Do you regularly perform work of a specified type, e.g. a fixed set of duties or a position, rather than a one-off task?

The Labour Code refers to "performing work of a specified type".

Yes Partly No I don't know

2. Does the client give you day-to-day instructions on what to do and how, and check that you follow them?

The Labour Code refers to work "under the direction" of the employer.

Yes Partly No I don't know

3. Does the client set the place of work, so that you cannot choose it freely?

The Labour Code refers to work "at a place (...) designated by the employer".

Yes Partly No I don't know

4. Does the client set your working hours or rota?

The Labour Code refers to work "at a time designated by the employer".

Yes Partly No I don't know

5. Are you paid for this work?

The Labour Code refers to work "for remuneration".

Yes Partly No I don't know

6. Must you work in person, without being able to send someone else in your place? Yes Partly No I don't know

7. Does the client provide the tools and materials and cover the costs of the work? Yes Partly No I don't know

8. Does your pay depend on the time worked rather than on delivering a specific result? Yes Partly No I don't know

9. Do you work on the same terms as staff employed under employment contracts (same duties, supervisor, attendance rules)? Yes Partly No I don't know

What the questionnaire is based on

Article 22 § 1 of the Labour Code: the employee performs work of a specified type for the employer and under its direction, at a place and time designated by the employer, and the employer employs the employee for remuneration.
Article 22 § 1(1) and § 1(2): employment under such conditions is an employment relationship whatever the contract is called, and an employment contract may not be replaced by a civil-law contract while these conditions remain.
Article 11(2) of the Act on the National Labour Inspectorate (from 8 July 2026): the inspector may issue an instruction when features of an employment relationship dominate in the relationship between the parties. If the instruction is not followed, the District Labour Inspector issues a decision establishing the employment relationship.

Sources

Version 1.0, checked on 15 October 2026.