Employment under civil law contracts and B2B contracts
In the most recent years, HR relates not only to the provision of employment but also to the establishment of cooperation under civil law contracts, including B2B contracts (the so-called self-employment).
Due to the specific character of these relations and nature of the Civil Code provisions, it is particularly important to properly define the terms of cooperation with the contractor or work performer so that they secure the legal and business interests of the organisation.
In all the cases of civil law contracts to be concluded, an extra issue to be considered is the risk of such contract being reclassified as an employment contract. In practice, given the activities of ZUS (Social Insurance Institution) and PIP (National Labour Inspectorate), the aforementioned issue matters most in the case of concluding B2B contracts. Also, bearing in mind that in the case of a dispute regarding the nature of such a contract, it is not only the content of the contract that is examined, but also the factual circumstances surrounding its performance, appropriate attention should be given to the correct arrangement of the process of cooperation with contractors.
Specialists
Under this area of practice, we:
- advise in the process of implementation of B2B contracts in the organisation or their further (safe) application, taking care of individual areas in which contractors are hired;
- consult terms of cooperation with persons employed under civil law contracts in order to secure the legal and business interest of the organisation;
- prepare drafts of civil law contracts, including B2B contracts, taking into account all the facts essential for a given cooperation, including copyright, protection of trade secrets, use of office facilities, liability for damage caused, non-compete clauses, etc.;
- prepare drafts of documents used in connection with cooperation with contractors, from documents presented during the recruitment process to manuals and instructions for managers;
- conduct training courses for managers and other people responsible in the organisation for cooperation with contractors, which is especially valuable for persons whose teams include both employees and persons hired under civil law contracts.
Contact us
Szuszczyński Kamińska sp.k.
+48 61 843 87 58
kancelaria@szuszczynski.pl
ul. Wrocławska 6/37
61 – 837 Poznań
