Contract of mandate and contract for specific work are civil law contracts governed by the Civil Code. First of all, they differ in the subject of the contract. Remember to familiarize yourself with the characteristics of both contracts, so that you can choose the right one for your new employee and his/her duties. Read the article to the end and learn how to conclude a contract of mandate or contract for specific work.
What should be in a contract of mandate?
In a contract of mandate, the person accepting the order (the contractor) undertakes to perform a specific act for the principal. In practice, a contract of mandate also means a contract for the provision of a service. If you give a commission, you can terminate it at any time. The basic elements of a commission contract include:
- identification of the parties to the contract (principal and contractor),
If you are a natural person, you should give your name, address of residence, PESEL number, identity document number. If you are an entrepreneur, add NIP and REGON numbers to the above data. In case of a commercial company, you shall provide: the name of the company, its seat and address, the designation of the registry court where the company’s documentation is kept and the number under which the company is entered in the register, the amount of share capital and the person or persons authorised to represent the company.
- date of conclusion of the agreement,
- indication of the subject of the agreement or the type of service provided,
- indication of the duration of the agreement,
- amount of remuneration,
- obligation of the contractor to diligently perform the duties specified in the contract.
In addition, you can specify in the contract: the place where the order is to be performed, a contractual penalty for improper performance of the contract or required qualifications.
How to conclude a contract of mandate or contract for specific work? – What should be included in the contract for specific work?
A contract for specific work consists of performing a predetermined work in return for remuneration. It is characteristic for this type of contract to lead to a specific and individualized result in a tangible or intangible form. Performing specific, repetitive actions, e.g. folding pens, cannot be considered a result of a contract for specific work. The basic elements of a contract for specific work include:
- identification of the parties to the contract
If you are a natural person, you should give your name, address, PESEL number, identity document number. If you are an entrepreneur, you should add NIP and REGON numbers to the above data. If you are a commercial law company, you should provide: the name of the company, its seat and address, designation of the registry court where the company’s documentation is kept and the number under which the company is entered in the register, the amount of share capital and the person or persons authorized to represent the company.
- date of conclusion of the agreement,
- indication of the subject of the agreement,
- determination of time for performing the work,
- amount of remuneration.
In addition, you can specify: the required qualifications, the issue of transfer of copyright, contractual penalties for improper, untimely performance of the contract. It is worth to include in the contract the rules of acceptance of the work or the possibility of objections raised by the ordering party.
