Hiring a student for the summer? Avoid this ZUS trap

Hiring a student for the summer can help a business cover seasonal staffing needs and reduce employment costs. However, a mandate contract with a young person is not automatically exempt from ZUS contributions. The type of contract, the contractor’s age, their actual student status and the precise dates on which that status begins or ends all matter. The most common problem concerns the gap between completing a first-cycle degree and formally starting a second-cycle programme.

When a student contract may be exempt from ZUS

The most common exemption applies to a mandate contract concluded with a student who has not yet reached the relevant age threshold. Where all conditions are met, the principal generally does not register that person for social and health insurance under the contract. The exemption depends on several factors at the same time and should not be applied solely because the contractor says that they are studying.

• Correct contract type — The exemption is primarily associated with an umowa zlecenie. An employment contract remains subject to employee insurance rules even when the employee is a student.

• Under 26 years of age — After the contractor turns 26, student status alone no longer removes the insurance obligations connected with a mandate contract.

• Active student status — The contractor must hold student status while performing the contract. A student card, plans to continue studying or participation in recruitment may not be sufficient.

• Not working for their own employer — Different rules apply when the student signs the mandate contract with their employer or performs the services for the benefit of that employer.

The gap between a bachelor’s and master’s programme

The most significant summer risk appears after the student passes the diploma examination for a bachelor’s or engineering degree. The graduate may retain certain student rights and may still possess a valid student card, but this does not necessarily mean that they remain a student for social insurance purposes. If the second-cycle programme starts later, the intervening period may be subject to standard ZUS rules.

• The diploma examination ends the programme — For most degree courses, student status ends on the date of the diploma examination rather than on the date the diploma is collected or the student card expires.

• Student rights are not the same as status — The right to use selected discounts after graduation does not automatically confirm an exemption from ZUS contributions.

• Recruitment may not be enough — Submitting an application or receiving an admission decision should not automatically be treated as acquiring student status for insurance purposes.

• The summer gap requires a separate review — If the graduate continues working under a mandate contract before formally starting the master’s programme, the employer should establish when insurance obligations begin and end.

Other situations in which contributions may be due

The gap between degree programmes is not the only potential problem. The contribution treatment may change during the same contract because the contractor turns 26, is removed from the student register, finishes their studies or performs services for their own employer. Employers should therefore monitor status throughout the contract rather than checking it only once.

• Turning 26 — From the relevant birthday, the mandate contract is assessed under the standard insurance rules even if the contractor continues studying.

• Removal from the student register — Withdrawal, failure to continue the course or a university decision may end student status earlier than the planned graduation date.

• Postgraduate and doctoral education — Participants in postgraduate programmes or doctoral schools should not automatically be treated as students eligible for the mandate-contract exemption.

• A contract with the student’s employer — Where the student is already employed by the company, remuneration from additional services performed for that employer is generally included in the employee’s insurance calculation.

How an employer should verify student status

The contribution payer is responsible for correct insurance registration and settlement. The employer should therefore retain documentation explaining why the exemption was applied. A verbal statement that the contractor intends to continue studying provides limited protection in the event of an inspection or later correction.

• Contractor’s declaration — The declaration should identify the university, programme level and date of birth and require the contractor to report any change immediately.

• University confirmation — Where the situation is unclear, the employer should request a current certificate confirming the status and study period.

• Graduation date — For first-cycle graduates, it is important to record the diploma examination date or another event that formally completes the programme.

• Start date of the next programme — The documents should establish the date on which the graduate acquires student status again in the second-cycle programme.

What to do when status changes during the contract

Loss of student status does not automatically terminate the mandate contract, but it may change the entire payroll treatment. The principal should determine the relevant date, review any other insurance titles and prepare the required registration and settlement documents. Delaying the review until the end of the summer can result in several incorrect payroll periods.

• Confirm the exact date — The employer may need evidence of the diploma examination, removal from the student register, the contractor’s 26th birthday or the start of a new programme.

• Check other insurance titles — An employment contract, business activity or another mandate contract may affect the final insurance treatment.

• Complete the required registrations — Where insurance becomes mandatory, the payer should submit the appropriate ZUS documents in accordance with the current procedure.

• Review the remuneration calculation — Work performed before and after the status change may require different contribution treatment, depending on the circumstances and settlement method.

A safer process for summer student employment

A compliant arrangement begins by matching the contract to the actual working conditions. A mandate contract should not replace an employment contract solely to reduce costs. Where an umowa zlecenie genuinely reflects the relationship, the company should implement a simple procedure for collecting documents and monitoring changes.

• Match the contract to the work — Review supervision, working time, location and the way duties are performed instead of relying only on the contract’s title.

• Verify status before work begins — Collect the contractor’s declaration and supporting documents before processing the first payment.

• Require change notifications — The contractor should report graduation, removal from the student register, turning 26 and starting a new programme.

• Provide all dates to payroll — The accountant needs every date affecting the insurance position, not only the contract’s start and end dates.

Why Finoditax should review the settlement

Student insurance obligations depend on several connected facts, while legislation and official practice may change. Errors are often identified only after remuneration has been paid, creating a need for corrected documents and additional contributions. A review before the student starts work is usually simpler than correcting multiple payroll periods.

• Contract assessment — A specialist will verify whether the selected contract reflects the actual nature of the cooperation.

• Status-period verification — Finoditax can help identify the periods in which the contractor does or does not hold student status for ZUS purposes.

• Correct payroll treatment — The accountant will consider the status change, age and any other relevant insurance titles.

• Current guidance — Professional verification is particularly important when the student graduates, starts a master’s programme, is removed from the register or turns 26.

Need accounting support?

Are you hiring a student for the summer or have you already signed a contract? Send the documents to Finoditax before the first payroll calculation. We will review the student’s status, the contract type and the applicable ZUS obligations to reduce the risk of additional contributions and payroll corrections.