Milewska Legal

Law of contracts

Commission-Based Remuneration in B2B Contracts

The most common associations with the term “commission-based remuneration” are “agent” or “agency agreement.” Of course, these associations are accurate and point to one type of contract in which commission-based pay is used. However, today commission-based remuneration does not have to be so closely linked to an agency agreement. Very often it also appears, for example, in B2B contracts concluded with sales representatives or in distribution agreements.

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Limitation period – after how long does a debt become “time-barred”?

In business transactions, it’s easy to fall into the trap of thinking that a signed contract or issued invoice fully secures your interests. In reality, civil law works differently – most claims have their own “expiry date.” The limitation period is one of those legal concepts that seems straightforward at first glance, yet in practice raises many doubts. This leads to questions such as: does every invoice really have a lifespan of 3 or 6 years? When does the limitation period begin? Can its running be interrupted? And why can a simple request to pay in instalments sometimes reset the entire process?

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How to secure payment for project completion or delivery of goods?

Do you design logos, create websites, or write computer programs? Do you spend at least a dozen hours on a project, send the finished design along with an invoice, and not get paid? What legal mechanisms included in the contract can increase your chances of getting paid for your work? And do all the ways of securing payment actually stem directly from the regulations?

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Forms of contracts – does every contract have to be in writing?

We are probably unaware that each of us enters into dozens of contracts every day (when shopping, traveling by public transport, or taking a jacket to the dry cleaner’s). The vast majority of these are verbal agreements. Are such agreements legally binding? When is it necessary to conclude a written agreement? And when should we resort to an even “higher” form of agreement, such as a notarial deed?

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Standby pay in a B2B contract

In the case of employment contracts, remuneration is due to the employee for simply “remaining at the employer’s disposal.” It therefore does not matter whether or not the employee actually performs any work during this time. The situation is different in the case of B2B contracts. In B2B contracts, the rule is that remuneration is paid only when tasks are actually performed. Does this always have to be the case? Are there mechanisms in place to guarantee remuneration even if no orders are carried out for a period of time and the B2B contract remains in force?

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“Employee” contracts in Poland

In addition to the classic employment contract, Poland has civil law contracts under which it is also possible to provide services (labor). Thus, the basis for employment in Poland may be an employment contract, a contract of mandate (contract for the provision of services), a contract for specific work and a B2B contract.

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