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10 min czytania 12 December 2025

Is there an entitlement to leave under a contract of mandate?

Is vacation time included in a contract of mandate? This is one of the most frequently asked questions by contractors, especially those performing regular, full-time work. What are the rules of a contract of mandate? Is vacation time included? What does the Civil Code say?

Is there an entitlement to leave under a contract of mandate

TABLE OF CONTENTS

What is a contract of mandate?

A contract of mandate is a civil law contract that differs from a traditional employment contract in both the scope of duties and the rights of the contractor. It is based not on employee subordination, but on the performance of specific tasks on behalf of the client. Therefore, many provisions of the Labor Code do not apply here, affecting issues such as length of service, days off, and the ability to request leave.

The nature of a contract of mandate assumes greater flexibility—both temporal and organizational. This means that concepts typical of an employment relationship, such as vacation leave, leave on demand, special leave, and the length of leave, function differently here. Contractors often wonder what their actual rights are when it comes to leave under a contract of mandate, for example, how to take time off under a contract of mandate, whether they are entitled to paid time off, and whether a contract of mandate and length of service affect future entitlements.

Contract of mandate and length of service

Until 2025, contracts of mandate were not included in the length of service, meaning they did not affect issues such as vacation time or severance pay. Contracts of mandate were treated as civil law contracts, therefore they did not provide any employee benefits. At the same time, time worked on a contract of mandate could be included in the pension period provided social security contributions were paid.

A significant change will take place from January 1, 2026. The period of performance of a contract of mandate will be included in the length of service, similar to the period of running a business. Importantly, the regulations will be retroactive – previous years on a contract of mandate can also be included if properly documented. A certificate from the Social Insurance Institution (ZUS) confirming payment of contributions will most often be required.

This change will allow individuals working on contracts of mandate to benefit from greater employee benefits, such as longer vacation leave.

Read also: Temporary work and vacation leave – the length of leave

Is there an entitlement to leave under a contract of mandate

Read also: Employment of foreigners in 2025 – the latest changes in regulations

Is vacation time allowed under a contract of mandate?

A contract of mandate operates under different rules than an employment relationship, so the issue of time off is different than under an employment contract. The provisions of the Labor Code do not apply to contracts of mandate, meaning that whether vacation time is granted under a contract of mandate depends solely on the provisions of the contract itself.

In practice, contracts of mandate and vacation leave are two different worlds: the contractor does not have an automatic right to vacation time or paid vacation days, as such entitlements apply to individuals employed under an employment contract. However, if the parties include the possibility of time off in the contract, it can be considered unpaid leave.

The number of days off or the duration of the contractor’s vacation time depends solely on the agreements between the client and the contractor. There is also no compensation for unused vacation time, and leave on demand does not apply to contracts of mandate, as it applies only to employees employed under the Labor Code.

It’s worth remembering that while a contractor has the right to agree on time off with the contractor, this doesn’t translate into an official amount of vacation time. Days off are contractual in nature – their number and use are at the discretion of both parties.

How do you take time off under a contract of mandate?

You simply need to agree on this with your client—there are no imposed regulations, set vacation hours, or the right to take time off on demand, unlike with a full-time job. If you need time off, you must notify your client in advance, and they must consent. Everything is based on the agreements between the parties, not the Labor Code.

Requesting leave under a contract of mandate

There is no statutory right to leave under a contract of mandate, so a formal request is not required. Time off is agreed directly with the client—it is contractual leave, which only applies if both parties agree to it.

Check also: How long can you work through an employment agency?

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