We are of the opinion that the mandate contract has advantages over the individual employment contract from the point of view of the company, in particular with regard to the termination of the contract. However, if the law prescribes a certain form for an act, a warrant authorizing the action must be in that form. It may be dissolved by the death of the person subject to the mandate; since it is based on personal trust, it is not presumed to pass to its representatives, unless there is a special provision to that effect. However, this applies mainly to cases where the mandate is still completely vacant; because if it is carried out in part, in some cases there may be a personal obligation on the part of the representatives to complete it. Whenever trust is of nature, which requires united advice, trust and skill of all and is considered a common personal trust for all, the death of a common mandate holder dissolves the treaty for all. The death of the customer terminates the contract in the same way. But although an unexecuted warrant ends with the death of the mandatary, if it is partially executed at that time, it is binding to that extent, and its representatives must compensate for the mandate. In addition, the mandate contract has the advantage that the company is not subject to the necessary formalities in the case of an individual employment contract (which must contain certain minimum requirements prescribed by law). In all matters for which no specific provision is provided for in this Title, the mandate contract is subject to the headings “Obligations in general” and “Obligations or conventional contracts”. The elected representative does not have to be present at the preparation of the document, but must have accepted the mandate.

Acceptance is either express, i.e. formally declared, or tacit, although it is not formal, but may be derived from the silence of the mandate or the actions it undertakes within the framework of the mandate. As a general rule, both contracts have a benefit for a beneficiary, usually as part of the work programme. Both the individual employment contract and the mandate contract have a common characteristic, namely that the service is remunerated by remuneration. The powers of the mandate holder extend not only to what is provided for in the mandate, but also to everything related to it. This means you can hire someone to sell your car, but if the transmission breaks down and the potential buyer insists it be replaced, the agent could have the repairs done if necessary to secure the sale. The client may terminate the mandate and the powers of the person subject to the mandate at any time. A mandate in the interest of the client, but also of the person who is the subject of the mandate or of a third party, may be irrevocable if the parties consent to it, as long as the object of the contract so requires. The mandate contract can be dissolved in different ways: from the concept of definition, three things are necessary to create a mandate. First, that there should be something that should be the subject of the Treaty; secondly, that it should be done free of charge; and third, that the parties.

should voluntarily intend to enter into the contract. There is no particular form or type of conclusion of the mandate contract that is not prescribed by customary or civil law to give it validity. This can be done orally or in writing; it may be express or implied, it may be in solemn form or in any other way The contract may be modified at the discretion of the parties. It can be absolute or conditional, general or special, temporary or permanent. From 1 January 2017, the minimum hourly wage for those working on the basis of the mandate contract will be set at PLN 13. For an authorized person, a mandate contract has advantages because he can act as he deems necessary to fulfill his mandate, unlike an employee who always performs the work under the supervision of the employer and according to his instructions. At the same time, from the client`s point of view, the conclusion of a mandate contract has disadvantages, which are mainly due to the fact that the client does not benefit from the protection measures offered to employees by labour law (e.B. the protection against dismissal offered to employees in certain situations expressly prescribed by law, b. the granting of a minimum number of rest days, Determination of a maximum number of hours worked). A mandate may consist of a private written document or a more complex document created with the assistance of legal counsel. A mandate is a contract by which a person designates another person to represent him,” i.e. acts on his or her behalf in legal dealings with a third party.

On the other hand, the mandated person is not in a subordinate relationship with the company as part of the mandate relationship. This can be a disadvantage for the company, as it cannot regulate the actions of the hired person in the same way as the actions of an employee. A mandate can be something special, that is, it can be given for a single and specific purpose. In this case, it must be expressed formally. If you ask a friend to sell your car for you, there is a standard mandate form specially prepared for this purpose by the Société de l`assurance automobile du Québec. In the event that the mandate contract contains too many elements of work, the contract is converted into an employment contract. The Company has the possibility to include in the mandate contract certain clauses that are not allowed in an individual employment contract, such as.B. a notice period of less than 20 working days from the termination of the contract or the payment of quarterly and non-monthly remuneration. The court recalled that the functions of the person must necessarily be different from the functions of a business mandate, since they cannot be considered as arising from the business mandate. Unlike French case law, Luxembourg case law considers the absence of specific remuneration as an important but not decisive indicator.

The fact that the person is affiliated with the Social Security Administration is also not considered relevant, since it is a mere unilateral declaration. The mandate contract may serve the exclusive or common interest of the contracting entity, the person who is the subject of the mandate or a third party. The mandate contract can be terminated by changing the status of the parties; as if one of the two parties went crazy or married as a woman before executing the mandate. It may be dissolved by revocation of the power of attorney either by operation of law or by the action of the mandatary. It expires automatically if the customer`s authority over the object expires; for if he is a tutor, he expires in respect of the property of his ward by the cessation of guardianship. Thus, if the client sells the property, it ends with the sale when it is announced at the mandatory. According to civil law, the mandate contract ends with the revocation of the power of attorney […].