The homework contract, hereinafter referred to as the contract, should be concluded in writing, specifying the type of contract and its basic conditions, in particular the type of work and the date of its commencement, as well as the principles of remuneration. The contract is concluded for a trial period, for a definite period, for the time of performing a specific job or for an indefinite period. The trial period may not exceed 3 months. In the contract, the parties specify the minimum monthly amount of work to be performed by the contractor. The minimum amount of work should be set so that its performance ensures obtaining at least 50% of the lowest remuneration specified by the Minister of Labor and Social Policy on the basis of art. 774 point 1 of the Labor Code, hereinafter referred to as „the lowest salary”. If homework is the sole or main source of income for the contractor, the amount of work should be determined in such a way that its performance ensures obtaining remuneration not less than the lowest remuneration.
The contract may be terminated at any time by agreement of the parties.
A contract concluded for a trial period may be terminated with a 2-week notice. An agreement concluded for an indefinite period may be terminated with one month’s notice. The notice period ends on the last day of the calendar month. The captive may not terminate the contract during the period of the contractor’s holiday leave or during the period of his inability to work due to illness or isolation due to an infectious disease, if the period entitling to terminate the contract without notice has not yet expired, unless this is due to the declaration of bankruptcy of the captive or his liquidation or discontinuation of the homework system. The captive may not terminate the contract in the period between the appointment of the contractor for military exercises or training and their completion, unless this is due to the declaration of the captive’s bankruptcy or its liquidation or the discontinuation of the homework system. The captive may not, without the consent of the enterprise trade union organization, terminate or terminate the contract with the contractor who is a member of the management board of this organization, unless it is justified by the declaration of the captor’s bankruptcy or its liquidation or the discontinuation of outwork, reaching the retirement age or obtaining the right to a disability pension I or II group of invalids.
The publisher may terminate the agreement without notice:
- due to the fault of the contractor in the event of a serious breach by him of his obligations under the contract, and in particular, faulty performance of the work entrusted to him through his fault, failure to comply with the provisions and principles of occupational health and safety, failure to settle accounts for the collected raw materials or materials within the agreed deadlines, failure to perform without justified reasons for a period of 3 months, the amount of work referred to in § 3 section 1, or abuse in the use of social insurance benefits or other social benefits.
- due to the fault of the contractor in the event of his committing a crime which makes it impossible to further entrust him with outwork, if the crime is obvious or has been confirmed by a final judgment,
- in the event of failure to perform work by the contractor due to:
- incapacity for work due to illness or isolation due to an infectious disease for a period longer than 3 months,
- inability to work as a result of an occupational disease or caused by an accident at work for a period longer than 6 months,
- inability to perform work for reasons other than those specified in point a) and b) for a period longer than 1 month,
Termination of the contract without notice due to the fault of the contractor may not take place after 1 month from the date on which the publisher became aware of the circumstances justifying the termination of the contract. The employer may not terminate or terminate a contract concluded for an indefinite period during the period of pregnancy and maternity leave of women performing outwork, unless there are reasons justifying the termination of the contract without notice.
Termination by the employer of the contract with notice during pregnancy or maternity leave may take place only in the event of the employer’s bankruptcy or liquidation, or the discontinuation of the homework system. If it is impossible to provide other work during this period, the woman performing homework is entitled to benefits specified in separate regulations. A contract concluded for a definite period or for the time of performing a specific job, which would be terminated after the end of the third month of pregnancy, is extended until the date of delivery.
The contractor may terminate the contract without notice if a medical certificate has been issued stating the harmful effects of the work performed on his health, and the employer fails to assign him another work within one month, appropriate due to the health condition and professional qualifications of the contractor and the conditions in which the work is performed. . If the work is performed in a dwelling, the contractor cy, the provision of sec. 1 shall apply mutatis mutandis also in the case when the work has a detrimental effect on the health of co-residents.
In the event of termination of the contract by the publisher in violation of the provisions of § 4-7a, the contractor shall be entitled to claim reinstatement to work under the previous conditions or for damages. In the event of termination of a contract concluded for a trial period, for a definite period or for the time of completion of a specific job, the contractor shall only be entitled to a claim for damages.
The body settling disputes may, instead of reinstatement, award compensation in the event of termination of a contract concluded for an indefinite period, if reinstatement to work would be contrary to the principles of social coexistence. The compensation may not be lower than 1 month’s remuneration and may not exceed 3 months’ remuneration, calculated as a cash equivalent for annual leave. The contractor who took up work as a result of reinstatement to work is entitled to remuneration for the time of being out of work, calculated as a cash equivalent for annual leave, not more than for 3 months. In this case, the period of unemployment for which remuneration was granted is included in the period of work. The period of being unemployed for which no remuneration has been granted is not considered a break in work, entailing the loss of entitlements dependent on uninterrupted work. A contractor who has been awarded compensation shall include the period of unemployment corresponding to the period for which compensation was awarded to the period of work.