Enforcement of a contract of mandate in Poland

In Poland, companies are increasingly hiring employees on the basis of civil law contracts, such as commission contracts. This gives companies greater flexibility and the opportunity to reduce costs, while employees enjoy higher salaries and freedom in organizing their work. However, what happens when a bailiff in Poland wants to seize the salary of an employee hired on a commission contract?

Does a contract of mandate protect against debt collectors in Poland?

No. In Poland, all civil law contracts are reported to the Social Insurance Institution (ZUS). Debt collectors can find out about a contract of mandate through the Ognivo system, which connects banks, ZUS, courts, and enforcement authorities. The mere fact of concluding a contract of mandate does not protect an employee from having their remuneration seized in Poland.

What remuneration can a bailiff seize in Poland?

Civil law contracts in Poland are subject to civil law, not labor law, so the same restrictions as for employment contracts do not apply.

• If the remuneration from a contract of mandate is one of several sources of income in Poland, the bailiff may seize the entire remuneration from the contract of mandate, even if the employee also has an employment contract (in this case, the restrictions result from the Polish Labor Code).
• If the remuneration from a contract of mandate is the only source of income in Poland, the provisions of the Polish Code of Civil Procedure protecting minimum income apply. The income must be regular and used for daily needs.

Special cases in Poland

If an employee in Poland has both an employment contract and a contract of mandate with the same employer, the bailiff distinguishes between the nature of both contracts. Remuneration from a contract of mandate is subject to seizure in full only if it is the sole or predominant source of income.

Remuneration protection in Poland

Employment contracts in Poland are subject to regulations limiting deductions:

• up to 3/5 of remuneration in the case of alimony,
• up to half of remuneration in the case of other receivables.

The amounts exempt from deductions depend on the minimum remuneration in Poland. In the case of contracts of mandate, these restrictions apply only to regular payments, not to one-off contracts.

Procedure for wage garnishment in Poland

In Poland, the bailiff informs the employee and employer about the garnishment. The employer must transfer the seized amount to the bailiff in accordance with the decision of the enforcement authority. The employer cannot decide on their own whether to deduct the entire amount or only part of the salary. In Poland, the debtor may request a limitation of enforcement by demonstrating that the contract of mandate is cyclical and constitutes their sole source of income.

Protection of remuneration in the event of enforcement – summary

In Poland, a contract of mandate does not automatically protect against enforcement. Knowledge of Polish regulations and cooperation with a law firm in Poland is crucial to protect the interests of the employee and avoid procedural errors. An employer in Poland must comply with the bailiff’s decision and make sure which salaries are subject to restrictions.