The labor market is changing rapidly, and with it, the needs and expectations of employees. One such phenomenon, especially in the technology and IT sectors, is the ever-growing interest in digital currencies. This raises the question: is it possible to receive compensation for work in cryptocurrencies? Although such solutions are gaining popularity and are increasingly used worldwide (for example, Microsoft partially pays its employees in this form), the topic remains controversial in Poland.
Although the Labor Code does not explicitly define the concept of "remuneration," under applicable regulations, " remuneration shall be paid in cash " (Article 86, paragraph 2 of the Labor Code), and " remuneration shall be paid into the payment account indicated by the employee, unless the employee has submitted a paper or electronic application for payment of remuneration in person " (Article 86, paragraph 3 of the Labor Code). Remuneration includes all components of remuneration, regardless of their name and nature, as well as other work-related benefits granted to employees in cash or in a form other than cash (Article 183c, paragraph 2 of the Labor Code). It is worth noting that the regulations do not specify exactly what portion of remuneration may be granted to employees in cash and what portion may be in non-cash form. In addition to the so-called basic salary, remuneration may also include other benefits (e.g., commissions, bonuses, etc.). Therefore, it is possible and entirely permissible to pay part of the remuneration in a form other than cash – but only if permitted by law (which is currently lacking) or a collective bargaining agreement (pursuant to Article 86, Section 2 of the Labor Code). However, if a given employer does not have trade unions that can enter into agreements (so-called labor agreements) with the employer, in practice, the regulations do not allow for the payment of cryptocurrencies as a form of remuneration for employees' work. However, it is not possible to pay the entire salary in digital currency – this is due to the fact that under Polish law, cryptocurrencies are not considered money within the meaning of the law and do not meet the criterion of monetary form.
The above therefore imposes certain limitations and may lead to treating cryptocurrency payments as additional "benefits" intended to reward employees rather than as components of remuneration in the sense described above.
A more flexible form of employment is undoubtedly the provision of services under a contract other than an employment contract, such as a mandate contract or a so-called B2B (sole proprietorship). However, even in such cases, the provisions of the Minimum Wage Act, which apply to the application of a minimum hourly rate, will apply to the remuneration received by these entities – which should also be paid in cash. However, there are no major obstacles to these entities, based on the principle of freedom of contract, establishing other rules for mutual settlements, including cryptocurrencies.
This alert is for informational purposes only and does not constitute legal advice.
author:
