Work based on civil law contracts (contract of mandate, contract for specific work), or self-employment does not provide as much social security as employment based on an employment relationship (employment contract), so a woman planning pregnancy should strive for employment based on an employment contract. Pregnant women and young mothers, regardless of whether they are professionally active, can count on state assistance. Currently, there are a number of social programs supporting mothers, such as “kosiniakowe” (parental benefit), maternity allowance, parental allowance, “becikowe” (one-time birth grant), or “500 plus” (child benefit program).

There are several possibilities that a working woman should take care of in case of termination of a civil law contract. The best solution seems to be paying the sickness insurance contribution and taking advantage of 270 days of sickness benefit. In the case of termination of a contract of mandate during pregnancy, a woman can benefit from the so-called “kosiniakowe” (and other social benefits calculated regardless of the status of the working person) – it should be noted that the above social benefits are available to female foreigners legally residing in the Republic of Poland with access to the labor market.

Contract of mandate and sickness benefit

A contract of mandate obliges the principal to pay mandatory social security contributions for the contractor, i.e., retirement, disability, and accident insurance contributions.

The sickness insurance contribution is voluntary. This is very important information, as the sickness insurance contribution allows a pregnant woman to use sickness benefits during the time when she cannot perform work. Due to the fact that the contribution is voluntary, the contractor herself must decide whether she wants to pay it or not. In the case of pregnancy, the monthly sickness benefit is 100% of the benefit assessment base, i.e., the average of the contractor’s remuneration from the last 12 months or the average of the last remunerations if the contractor has not yet worked for a year.

It should also be emphasized that in the case of voluntary insurance in connection with a contract of mandate, the contractor acquires the right to sickness benefit only after 90 days of uninterrupted sickness insurance. This means that for the first three months from the start of insurance, a pregnant woman is not entitled to the benefit.

Taking the above into account, it should be stated that termination of a contract of mandate during the employee’s sick leave does not exclude the right to receive this benefit. The maximum period of incapacity for work during pregnancy is 270 days, which in most cases coincides with the period of pregnancy. In summary, despite the termination of the contract of mandate, a pregnant employee on sick leave will still be able to use the sickness benefit.

Contract of mandate – termination of contract during pregnancy

Based on Art. 746 § 1 and § 2 of the Civil Code, in the case of a mandate, both the principal and the contractor can terminate the concluded contract at any time. Due to the fact that civil law contracts are subject to the principle of freedom of contract, the parties can determine the termination procedure. In such a case, the parties can specify the notice period (e.g., one falling after the birth of a child), as well as indicate the possibility of terminating the contract from the occurrence of specific prerequisites. However, it should be remembered that one cannot waive in advance the right to terminate the mandate for important reasons. A good solution to the problem could be to write in the content of the contract a catalog of important reasons, among which pregnancy would not be found. However, if the parties did not refer to the conditions of termination in the contract, then the mandate can be terminated at any time, without the need to justify this action.

Benefits in case of termination of contract of mandate

However, if an employee was “dismissed” during pregnancy, after giving birth to a child, she still has the opportunity to benefit from the so-called “kosiniakowe”. This benefit amounts to 1000 PLN per month (without income criterion). The benefit is intended in particular for women working on the basis of a contract for specific work, unemployed women, students, farmers.

“Kosiniakowe” is paid:

• for 52 weeks for the birth of one child;
• for 65 weeks for the birth of 2 children;
• for 67 weeks for the birth of 3 children;