BackAbandoning contract work – are there consequences?
A contract of mandate is a flexible form of employment that allows employees more freedom to manage their time. Quitting a contracted job may seem like an easy way to quit, but it can carry certain consequences. What are the penalties for quitting a job? Can a principal dismiss an employee for failing to show up or leaving the workplace? What are the consequences of abandoning a job?
Contract of mandate – characteristics
A contract of mandate is a flexible type of employment that is governed by the Civil Code and not, as in the case of a contract of employment, the Labour Code. The two forms differ significantly, making the employment contract more stable and the contract of mandate more flexible. What are the characteristics of a contract of mandate?
- the contractor has limited rights (no holidays, notice period, sick leave, etc.),
- there is no subordination to the employer,
- it is not subject to a minimum wage, but to a minimum hourly rate,
- there is no specification of hourly working hours,
- in the case of students, there is no need to make contributions to the salary,
- the possibility of finding a replacement for the work.
Abandonment of contract work – what does it consist of?
Abandonment consists of the unjustified cessation of work duties. In the case of an employment contract, the employee’s abandonment is treated as a grave breach of employment duties. How is it in the case of a contract of mandate?
Abandonment of work on a contract of mandate can be understood as failure to perform a task within the timeframe set by the agreement. What consequences of abandonment await the employee mainly depends on the pre-agreed terms and conditions. A commission contract has the freedom to be modified in various ways.
Abandonment of a job by an employee – what might the consequences be?
In the case of an employment contract, the consequences of abandoning work can be very high. If an employee has abandoned his or her job, he or she may face penalties in the form of not receiving part of his or her salary, payment of compensation or disciplinary dismissal. The situation is somewhat different when it comes to a contract of mandate. With this type of contract, there is no notice period unless the employer includes such a provision in the contract itself. If no notice is given, the contract will terminate on its own at the end of the assignment period.
According to the Civil Code, both the employer and the employee can terminate the contract at any time. If the termination is without a valid reason, the contractor may be held liable for damages. The same is true in the other direction. If the employer terminates the contract and the employee has incurred expenses that he or she has made to carry out the assignment, the employer is obliged to reimburse the costs for these.
The employer can only claim compensation for non-appearance at work if such a provision is in the contract. If nothing of this kind is mentioned in the contract, then there is no right to claim compensation. It is also important to know that the principal can still add such a provision after the document has been signed, as an additional addendum to the contract.
Remuneration in the event of abandonment of a commission contract
The labour legislation states that remuneration on a commission contract is due upon completion of the assignment. When an employee has abandoned a job but has not provided any services under a previous contract, remuneration on a commission contract is not due. If the employee has provided work, the principal must pay remuneration commensurate with the hours worked.
Abandonment pay on a commission contract is therefore normally due if the employee has carried out part of his assignment. If he has left the workplace without working even an hour, he is not entitled to any remuneration for this time.
Formalities in the event of abandonment
As we mentioned earlier, the principal and the contractor can break the contract of assignment at any time. However, it is more often the case that it is the contractor who resigns and thus abandons the contract. In such a case, there are no additional formalities in the event of abandonment, the contract simply becomes null and void as it is not performed. If there are no provisions in the contract that refer to a notice period it means that no notice has to be given.
The formalities in the event of abandonment await only the principal, who must report the termination of the contract of mandate to the Social Security. This applies to employees who are subject to social security, health insurance, etc. Deregistration should take place within seven days of the date of termination of insurance. If a mandate contract is not fulfilled, the principal must make an adjustment for the payment of income tax contributions.
Termination of a contract of mandate – how does it work?
If a contract of mandate has been concluded without any additional information on the notice period, the employee does not have to formally terminate the contract of mandate. The situation is different if there is a termination notice provision in the contractor’s contract. In such a situation, the contract must be terminated by notice. This should be done by means of a written form so that the other party has the opportunity to review the contents of the document.
Giving up work on a contract of commission does not have the same consequences as a contract of employment. However, it is worth reading the content of the contract carefully to see if there are any provisions about penalties for not turning up for work or about the notice period. It is also important to be familiar with employment law so that you know how to proceed in such a situation and what your rights and obligations are.
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