Employment Contract or B2B Contract in Poland

Автор:
Business Start
|
15.11.2025

 

What is an Employment Contract in Poland and Who Benefits from It

Umowa o pracę is regulated by the Polish Labor Code. The employee commits to performing specific work under the employer’s supervision, at a designated place and time.

Benefits for Employees

  • Guaranteed stable salary.
  • Paid vacation.
  • Social benefits (pension, healthcare, insurance).

Employer Responsibilities

According to the National Labour Inspectorate, a company must:

  • Register employees with ZUS.
  • Provide safe working conditions.
  • Provide equipment and a workspace.
  • Pay salaries, including for vacation periods.

The employer is responsible not only for organizing work but also for its results.

What is a B2B Contract in Poland

B2B Contract is based on the provisions of the Civil Code and the principle of freedom of contract.

Key features:

  • No subordination between parties.
  • The contractor must be registered as a business entity (JDG).
  • The client pays for the result, not the process of performing tasks.
  • The contractor pays taxes and ZUS contributions independently.

Advantages and Disadvantages of B2B for Specialists

Advantages:

  • Flexible schedule and freedom to choose projects.
  • Ability to work with multiple clients.
  • Potentially higher income.
  • Development of a personal brand.

Disadvantages:

  • No paid vacation.
  • Must pay taxes and ZUS contributions independently.
  • Income instability.
  • All expenses are borne by the entrepreneur.

B2B or Employment Contract: Can You Choose Freely?

The choice depends not on the parties’ wishes but on the nature of the relationship:

  • If there is subordination, fixed working time and place — it is an employment contract (Umowa o pracę).
  • If the result is important and the method of task execution is up to the contractor — B2B is possible.

Risks When Entering a B2B Contract

Many companies use B2B contracts where an employment contract should actually be concluded. This is risky: ZUS and the National Labour Inspectorate have the right to reclassify the contract.

Consequences for the employer:

  • Fines.
  • Additional social contributions with interest.
  • Risk of legal disputes.

Frequently Asked Questions

Which is more advantageous: employment contract or B2B?
It depends on the goals: an employment contract provides stability and social guarantees, B2B offers higher income and flexibility but comes with higher risks.
Can you have both an employment contract and run a B2B business simultaneously?
Yes, the law does not prohibit combining an employment contract with running a business (JDG), provided the employment contract does not restrict it.
Who pays taxes and ZUS for B2B?
The contractor pays taxes and ZUS contributions independently, regardless of income.

How Business Start Can Help

Our lawyers and accountants can help:

  • Analyze your contracts for legal compliance.
  • Prepare a safe contract (B2B or employment contract).
  • Calculate taxes and ZUS contributions.
  • Optimize the cooperation model in terms of benefits and risks.

Contact us for a consultation via the form on the page.

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