Problemy kwalifikacji prawnej umowy o dzieło

Abstract

Problems associated with performing work under civil law contracts have gained significant importance after the change in the socio-economical system. The reason behind it was that the employers were seeking to minimize costs, which resulted in concluding civil law contracts, rather than employment contracts. Currently, as there is no obligation to make social security contributions, the most popular form of civil law agreements is a contract for specific work. Despite the fact that the provisions concerning contracts to perform specific work have not changed for decades, to date fundamental problems concerning distinguishing contracts to perform specific work from other service related employment contracts have not been resolved. Also, judicial decisions highlight the difficulties in establishing the true nature of employment contracts. The article elaborates on fundamental problems with regard to the legal qualification of contracts to perform specific work, which forms the grounds for de lege ferenda conclusions.