Homework - characteristics

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Many people find it difficult to pin down what homework actually is. Homework is often another term for performing such work. So what is it and what is it characterized by? Read our article and find out more about this type of employee employment.

Legal basis

Homework is not described in the Labor Code. The relevant regulations can be found in the Regulation of the Council of Ministers of December 31, 1975 on the employee rights of outworkers.

Homework is not regulated by the Labor Code because it does not enter into an employment relationship, even though the employment rights are very similar to that of an employment contract.

Elements of an outworking contract

A tolling contract should be in writing, specifying the most important conditions, including the type of work to be performed, remuneration and the method of delivering finished products. A tolling contract may be signed for a definite or indefinite trial period and for the duration of a specific job. It is also useful to specify in the contract which party is responsible for providing the materials needed to perform the work. An important element of the contract is also the provision indicating how often and how the work (products) performed will be transferred to the party to the contract ordering the work to be performed.

Homework - characteristics

Homework is a combination of an employment contract with a specific task contract. Homework is performed at home, at any working hours decided by the contractor himself. It is not supervised, so the person ordering the work cannot give the employee official instructions. However, it is important that the person performing the work should from time to time (in agreement with the other party to the contract) provide its effects (products).

Compensation for homework

A very important feature of a tolling contract is the method of remuneration. Namely, if homework is the sole or main source of the employee's income, the ordering party is obliged to specify in the contract the minimum amount of work that the employee should perform so that its performance will provide the contractor with the minimum wage applicable in a given year. If, on the other hand, homework is an additional source of income, the minimum amount of work should account for 50% of the minimum wage.

Employee rights

Employing an employee under a toll employment contract results in various obligations for the employer, as in the case of hiring employees under an employment contract. On the other hand, contractors also have similar employment rights. The similarities to the employment relationship are listed below:

  • the employer is obliged to keep files of the employed person,

  • The cottage worker should be provided with appropriate working conditions that meet the health and safety requirements, if the work is performed at the ordering party's plant. If the work is performed at home, work that is harmful to health cannot be commissioned,

  • the employee is entitled to leave on the same terms as in the case of an employment contract and should be granted to the employee in the same way. The exception is when the contractor does not perform the minimum amount of work due to his fault. Then his leave is reduced by 1/12 of the leave for each month of failure to fulfill obligations,

  • the employee has the right to maternity leave and leave on the terms of maternity leave,

  • however, the employee is not entitled to parental leave.

Termination of the home employment contract

A tolling contract may be terminated both by mutual agreement of the parties and by notice of one of the parties to the contract. In the case of an agreement concluded for a trial period (up to 3 months), the notice period is 2 weeks, in the case of an agreement for an indefinite period, the notice period is 1 month. Of course, in justified cases, it is also possible to terminate the contract without notice.

After the end of the contract or its termination, the publisher is obliged to issue a work certificate to the cottage worker. It should take into account the period of homework during which the homeworker earned at least 50% of the minimum wage. If the termination of the contract was caused by bankruptcy or liquidation of the principal, or for economic reasons, the principal limited the homeworking system, such information should also be included in the employment certificate. In other points, the provisions of the Labor Code specifying the employment certificate should be applied.