Contract for a specific work: how is remuneration determined when no amount is stated?

A contract for a specific work (umowa o dzieło) is a paid contract, but there is no statutory guaranteed minimum remuneration for the work. The absence of a stated amount therefore does not mean that the work is performed free of charge. Below, we explain the rules described by the National Labour Inspectorate (PIP), without valuing any particular work.

What does the commissioning party pay for?

The party accepting the commission, meaning the contractor, undertakes to produce a specified work. This means a concrete, verifiable result meeting the commissioning party’s requirements. The commissioning party, in turn, undertakes to pay remuneration.

An amount or a basis for determining it

The parties have considerable freedom in how they determine the remuneration. They may specify its amount, but they may also indicate a basis for determining it. It is therefore worth distinguishing the absence of a stated amount from a situation in which neither the amount nor a basis for determining it has been agreed.

When neither the amount nor a basis has been agreed

According to PIP, the rules apply in the following order:

1. If the parties have neither specified the amount of remuneration nor indicated a basis for determining it, in case of doubt, they are presumed to have intended the usual remuneration for work of that kind.
2. Only if the amount of remuneration cannot be determined in that way either is remuneration corresponding to the justified labour input and other inputs of the party accepting the commission due.

The contractor’s inputs are therefore neither the first method nor a method that can be freely chosen within this sequence. The second rule applies only when the amount cannot be determined under the first. This explanation does not guarantee any particular amount due or the outcome of a dispute.

Do not confuse a specific work with a mandate contract or an assessment of an employment relationship

A mandate contract (umowa zlecenia) is a contract requiring due care, not a contract for a result. PIP describes a minimum hourly rate for the party accepting a mandate; this is a separate rule from the absence of statutory guaranteed minimum remuneration for a specific work.

A separate issue is whether the work actually performed has the characteristics of work under an employment contract. PIP stresses that entering into a civil-law contract does not, by itself, determine the nature of the contract in that situation. This guide does not determine the legal classification of any particular working arrangement.

Optional organizational checklist

To organize your arrangements, you can check:

• whether the specified work and the expected, verifiable result have been described;
• whether the amount of remuneration has been agreed;
• if no amount has been stated, whether a basis for determining it has been indicated.

This is optional organizational advice, not an additional legal obligation or a guarantee of the amount of remuneration.

Source: PIP — Forms of employment and basic rights and obligations.