Hiring in Poland
Looking for clear answers about B2B work in Poland? You’re in the right place.
At All IT Club, we work every day with developers, engineers, and companies using B2B contracts. These are the real questions we hear the most, along with simple, practical answers to help you avoid confusion and risk in 2025.
Answered in Other Articles (Skip Here)
- What is a B2B contract in Poland? → The Growing Popularity of B2B Contracts in Poland
- Can B2B contractors get paid time off? → HR Support for B2B Arrangements
- Is B2B better than UoP? → B2B vs. Employment Contracts in Poland: A 2025 Guide for Employers and Candidates
- Do B2B contractors pay ZUS? → Understanding Poland’s Payroll and Social Security Regulations
- What happens if a B2B contract is misclassified as employment? → B2B vs. Employment Contracts in Poland: A 2025 Guide for Employers and Candidates
Top 10 Questions About B2B Employment Answered
1. Can a company work only with B2B contractors instead of hiring employees?
Yes, but it’s risky. If B2B contractors are treated like employees (same hours, company email, internal meetings), the company can be fined or forced to reclassify the contracts as employment. This can trigger back payments for taxes and benefits.
As of 2025, PIP (State Labour Inspectorate) can reclassify such contracts as employment without court involvement. We explain the legal differences in detail in B2B vs. Employment Contracts: 2025 Guide for Employers and Candidates.
Pro Tip: Document project-based deliverables and avoid assigning company roles or internal tools. If in doubt, get a second opinion. It’s cheaper than a lawsuit.
2. Can I negotiate non-compete clauses in a B2B contract?
Absolutely. Non-compete clauses are common in B2B contracts, especially in tech and consulting, but they’re fully negotiable. You’re not protected by labor law, so it’s up to you to define what’s acceptable.
Watch out for:
- Clauses that block you from working in your entire industry
- Durations longer than 12 months
- No compensation for restrictions
Pro Tip: Push back if the terms are too broad or unpaid. Many clients will revise or remove the clause if asked.
3. Can a contractor be fired?
Not in the way employees are. B2B cooperation is governed by civil law, not the Labor Code. That means there’s no “firing”. Instead, either side can terminate the contract based on what’s written in the agreement.
If the contract has a notice period (e.g. 14 or 30 days), that applies. If it doesn’t, either party can still withdraw, but may be liable for damages if the termination causes harm or violates trust.
What to include to avoid disputes:
- A clear termination clause with notice period
- Whether notice can be given at any time or only for cause
- What happens with partially completed work
- Final settlement terms (unpaid invoices, return of assets, etc.)
4. What happens if the client stops paying?
You’re not protected by labor courts under a B2B contract. That’s why it’s critical to get everything in writing upfront: payment terms, due dates, and penalties for late payment.
If your client doesn’t pay:
- Start with a written reminder (email is enough)
- Refer to the payment deadline and agreed interest clause
- Send a formal payment demand
- If unpaid, file a civil claim or use a debt collection firm
As of 1 January 2020, Polish law enforces compensation for late payment starting at EUR 40 per invoice, with higher tiers for larger amounts (EUR 70 or EUR 100, depending on invoice value). You’re entitled to this without proving damage.
Additionally, if you are a VAT payer, you can claim a so-called bad debt relief if the invoice is unpaid for 90 days, allowing you to correct the tax already paid to the treasury.
Pro Tip: Include specific due dates (e.g., “14 days after invoice”) and late payment clauses directly in the contract to simplify enforcement later.
5. Do contractors have to register for VAT?
Only if your annual revenue exceeds PLN 200,000. However, many IT professionals register for VAT voluntarily so they can:
- Work with international clients
- Deduct VAT on equipment and services
- Avoid being rejected for not having a VAT number
6. Can a B2B contractor receive bonuses or profit share?
Yes. Contractors can include performance-based bonuses or success fees in their contracts. These can be based on project milestones, delivery dates, or business results.
Just like payment terms, all bonuses should be clearly defined in the agreement.
7. Can B2B contractors work remotely from abroad?
Yes, but there are risks. If you live abroad while contracting for a Polish company, you need to check:
- Tax residency rules in the country of residency
- Whether Poland has a tax treaty with the country of residency
- Local business registration laws
- If you’re triggering permanent establishment risk for your client
This setup can work well, but should always be checked with a tax advisor.
8. How should employers onboard B2B contractors?
Keep it focused on outcomes. B2B onboarding is not the same as for employees.
Avoid:
- Giving fixed work hours
- Creating company email accounts
- Involving contractors in internal HR systems
Do:
- Share project goals and deliverables
- Sign a proper contract with IP and GDPR clauses
- Use professional project management tools to manage work
9. Can B2B contractors be held liable for mistakes?
Yes. Contractors can be contractually liable for damages or delays. A typical clause will cap liability to the total value of the contract or a set amount.
It’s best to define:
- What counts as a mistake
- How liability is calculated
- When it applies (e.g., security breaches, delays, failed audits)
10. Can a contractor switch from UoP to B2B within the same company?
Yes, but it must be voluntary, documented, and legally distinct from the prior employment.
If an employer pushes someone to give up a UoP (employment contract) and accept a B2B setup just to cut costs, that’s a red flag. The employee could later claim disguised employment, and the company may face penalties.
To stay compliant, the new B2B contract must differ in structure and relationship.
Key differences to apply:
- No fixed working hours or shift schedules
- No inclusion in internal hierarchy or reporting lines
- No exclusive cooperation unless separately paid
- No company equipment unless clearly agreed (and justified)
Pro Tip: Document the contractor’s independence clearly in the agreement, not just with wording, but with how work is actually organized. If the cooperation continues to look and feel like employment, simply calling it B2B won’t protect the company.
Final Thoughts
B2B is not just a cheaper way to hire. It’s a different legal model. Done well, it offers flexibility and freedom. Done carelessly, it creates compliance risk and contract disputes.
If you’re a contractor, treat yourself like a business. If you’re an employer, don’t treat B2B as a shortcut. Build it right, and it works well for both sides.
Still unsure? Talk to All IT Club. We help IT professionals and companies sign contracts that are compliant, clear, and practical.
