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Umowa o pracę vs umowa zlecenie: which to choose in 2026

Employment contract vs umowa zlecenie on 11 points: holiday, sick pay, minimum pay, ZUS, seniority and extra pay. Which contract is better for you, and when.

STARKO editorial team · 6 min read

If you have a choice, umowa o pracę (employment contract) is usually better for a permanent job: holiday, sick pay, extra pay and a notice period are guaranteed by law. Umowa zlecenie (civil-law contract of mandate) is also legal and more flexible, but most of its protections depend on what the contract says. Below is a comparison on 11 points as of July 2026.

How umowa o pracę and umowa zlecenie differ

Umowa o pracę is signed under the Labour Code (Kodeks pracy). The employee works under the employer’s direction, at a place and time the employer sets, for a wage (art. 22 § 1 of the Kodeks pracy). Umowa zlecenie is a contract under the Civil Code (Kodeks cywilny): you carry out a task for the client (zleceniodawca), and most Labour Code protections don’t apply to you.

The name of the contract doesn’t settle everything. If on a zlecenie you actually work as an employee – on a shift rota, supervised by a team leader, every day – the law requires an umowa o pracę. Replacing it with a civil-law contract on the same terms is forbidden.

Comparison on 11 points

Point Umowa o pracę Umowa zlecenie
Law Kodeks pracy Kodeks cywilny
Paid holiday 20 days a year, 26 with 10 or more years’ seniority (art. 154 of the Kodeks pracy) Not provided by law
Sick pay Sickness insurance is compulsory Only with a voluntary sickness contribution
Notice period As a general rule 2 weeks, 1 month or 3 months, depending on your seniority with that employer As written in the contract; the Labour Code doesn’t apply
Minimum pay in 2026 PLN 4,806 gross a month for full-time work PLN 31.40 gross for every hour
Overtime and night hours 50% or 100% extra for overtime; for night hours, 20% of the hourly rate based on the minimum wage No statutory extra pay, only the rate in the contract
ZUS contributions Full, including sickness Pension, disability and health, usually accident insurance too; pupils and students under 26 are exempt
Take-home on the minimum wage PLN 3,605.85 (aged 26 or over, with PIT-2, without PPK) Depends on hours, age and contributions
Work seniority Counts From 2026 – if pension and disability contributions were paid or there are documents (students under 26)
Residence card for work Can qualify if the requirements are met Can qualify if the requirements are met
Through an employment agency Most often a fixed-term umowa o pracę Only when the work has no features of an employment relationship

A few notes on the table:

  • Holiday. Education is also added to the seniority used for holiday: for example, a completed university degree gives 8 years (art. 155 of the Kodeks pracy).
  • Sick pay on zlecenie. Voluntary sickness insurance has to be arranged through the client, and the right to sick pay doesn’t start straight away but after an insurance period.
  • The minimum rate of PLN 31.40 applies to zlecenie and service contracts. On umowa o pracę, the guarantee is the monthly minimum of PLN 4,806, not an hourly rate (more on gov.pl).
  • Residence card. The type of contract is only one of the conditions. The voivodeship office also looks at the level of pay and the other permit requirements, so confirm them for your situation before you apply.

When zlecenie is a fair choice and when umowa o pracę is better

Your situation What is usually better
You are a student under 26 working over the summer Zlecenie: with no ZUS contributions you take home more, but this contract gives you no sick pay, holiday or health insurance
You plan to work in one place for a year or longer Umowa o pracę: holiday, sick pay, notice period
Lots of night shifts or overtime Umowa o pracę: extra pay is guaranteed by law
You combine several side jobs with flexible hours Zlecenie, if the schedule really is up to you
You want longer seniority for holiday in the future Either, but on zlecenie only years with pension and disability contributions, or backed up by documents, count

What changed in 2026

Seniority. Since 1 May 2026, private employers also count zlecenie towards work seniority. You order a certificate from ZUS (social security) through eZUS; we explain how, step by step, in our article about seniority and zlecenie.

Labour inspection (PIP) reform. Since 8 July 2026, a district labour inspector can issue a decision establishing an employment relationship if a zlecenie is in fact an employment contract and the employer hasn’t complied with the inspector’s instruction. Dismissing a worker or worsening their conditions because of such a decision is forbidden. How the procedure works is described in our article for employers about the PIP reform.

A complaint to PIP is filed with the district labour inspectorate (okręgowy inspektorat pracy) covering the registered office (siedziba) of your employer or client. Anonymous complaints are generally not dealt with, and a scan of a signed letter doesn’t meet the formal requirements. So sign the complaint by hand on paper, hand it in at the inspectorate in person, or send an email with an attachment signed with a qualified, trusted (podpis zaufany) or personal electronic signature.

What to check before you sign a contract

  • The name of the contract: umowa o pracę, umowa zlecenie or umowa o dzieło. If you are offered umowa o dzieło (contract for specific work) for an ordinary shift job, that’s a warning sign: this contract gives you neither ZUS contributions nor seniority.
  • The gross rate: per month on umowa o pracę or per hour on zlecenie – in 2026, at least PLN 31.40.
  • ZUS contributions: which ones are paid and whether you can join voluntary sickness insurance.
  • Working hours and place of work: if the company sets them strictly and there is a team leader, these are signs of an employment relationship.
  • How and when wages are paid.

If you work through an agency, the agency is your employer and you do the work at the client company. Your rights in this model are covered in our article about working through an agency.

How STARKO helps

At STARKO you work on a legal contract under Polish law, with insurance, and get your wages paid into your bank account every month on a fixed day. Your coordinator speaks Ukrainian and Russian and is available every day. Browse our jobs with accommodation.

Frequently asked questions

Which is better for a foreigner in Poland: umowa o pracę or umowa zlecenie?

For long-term work in one place, umowa o pracę is usually better, because holiday, sick pay and extra pay are guaranteed by law. Zlecenie suits short or seasonal work when flexibility matters.

Is sick pay paid on umowa zlecenie?

Only if you voluntarily pay the sickness insurance contribution (ubezpieczenie chorobowe) and the required insurance period has passed. On umowa o pracę this insurance is compulsory.

What is the minimum pay on zlecenie in 2026?

At least PLN 31.40 gross for every hour worked. On umowa o pracę, the full-time minimum is PLN 4,806 gross a month.

Do you get holiday on umowa zlecenie?

The law provides no paid holiday on zlecenie. You can agree a break with the client, but whether it is paid depends only on what you agree.

Is umowa zlecenie enough for a residence card?

It can be, if the permit requirements are met, including the level of pay. The voivodeship office makes the final check, so confirm the conditions for your situation before you apply.

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