Good morning. I am a nurse. How many hours per month can I work on the contract?
There is no working time standard assigned to the contract. A nurse employed under a contract is not subject to the provisions of the Labor Code regarding working time, because the relevant law for the contract is the Civil Code, where there are no working time standards, both in the case of a contract for specific work and mandate contracts constituting the basis for creating a contact contract with the nurse. The nurse who concludes such a contract must be aware that the provisions of the Labor Code regarding holidays and social benefits do not apply to her. As long as the above-mentioned aspects related to working time, such as the lack of paid vacation, may be considered an inconvenience. A contract is an unnamed (unregulated by the legislator) civil law relationship shaped in accordance with the principle of freedom of contract. One party to such a relationship is the nurse who accepts an order for paid services for the patient, and the other party is the medical entity ordering such a service. The aforementioned principle of freedom of contract, to which such a relationship is subject, consists in the fact that its parties may freely, according to their unanimous will, shape their mutual obligations, while only ensuring that the provisions of the contract do not contradict the mandatory provisions of law and do not contradict the properties of a given legal relationship or principles of social coexistence. However, that the contract should remain and the parties cannot shape the contract in such a way that, in fact, an employment relationship will be established between them. Legal basis The Civil Code Act (Journal of Laws of 1964 No. 16 item 93, as amended)
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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