Key Benefits:
ACT
of 11 October 2013
specific solutions relating to the protection of jobs
Article 1. [ Regulatory scope] The Act lays down rules:
1. the granting and payment of benefits to the protection of jobs financed by the Guarantee Fund Guarantee Fund, hereinafter referred to as the "Fund", which are entitled during the period of economic downtime or reduced working time;
2) subsidising of the Labour Fund costs of training of employees, subject to economic downtime or reduced labour dimension, employed by the entrepreneur referred to in art. 3 para. 1;
(a) the financial assistance from the Fund for the training of staff, which is subject to an economic downgrade or a reduced working time dimension, employed by an undertaking referred to in Article 4 (2) of Regulation (EC) No longer applicable. 3 para. 1a;
3) reimbursement of benefits to the protection of jobs in the event of failure to meet the conditions of the contract for the payment of benefits to the protection of jobs, concluded by the entrepreneur with the Marshal of the voivodship, hereinafter referred to as the "agreement for the payment of benefits";
4) reimbursement of the funding from the Fund or the Labour Fund for the costs of training workers affected by the economic downturn or reduced working time in the event of failure to meet the conditions of the contract for the financing of training costs.
Article 2. [ Definitions] The terms used in the Act shall mean:
(1) economic downtime-the period of non-work by a worker on the grounds of underemployment of a worker who is in a position to work;
2) reduced working time-reduced by the entrepreneur dimension of working time of a worker on the grounds of non-worker, however, no more than half of the working time dimension;
(3) de minimis aid-aid which fulfils the conditions laid down in:
(a) Commission Regulation (EU) No 1407/2013 of 18 December 2013. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (Dz. Urz. EU L 352, 24.12.2013, p. 1) or
(b) Commission Regulation (EU) No 1408/2013 of 18 December 2013. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (Dz. Urz. EU L 352, 24.12.2013, p. 9), or
(c) Commission Regulation (EU) No 717/2014 of 27 June 2014. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union for de minimis aid in the fisheries and aquaculture sector (Dz. Urz. EU L 190 of 28.06.2014, str. 45).
Article 3. [ Application of provisions of the Act] 1. The provisions of the Act apply to an entrepreneur within the meaning of art. 4 of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2016 r. items 1829, 1948, 1997 and 2255 and from 2017. items 460):
1) in which there has been a decrease in economic turnover, understood as the sale of goods or services, calculated in volume or value terms, together not less than 15%, calculated as the ratio of total turnover during the 6 consecutive months during the period 12 months preceding the day of submission of the application for the protection of jobs financed by the Fund, hereinafter referred to as the 'application for benefits', for the total turnover of the same six months in the 12 months prior to the date of application of the application for the protection of the benefits of the the period of 12 months preceding the day of application;
2) which does not benefit in the regulation of tax obligations, social security contributions, health insurance, the Fund or the Labour Fund, except when:
a) the indebted entrepreneur has entered into an agreement with the Social Insurance Company or has received the decision of the tax office on the payment of the debt and shall pay the instalment in time or benefit from the deferral of payment or
(b) arrears in the regulation of social security contributions, health insurance, the Fund or the Labour Fund arose during the period of decline of the economic turnover referred to in point 1 and the entrepreneur joined the application for the benefit of the plan repayment of debt, which is likely to improve the financial condition of the entrepreneur and the full payment of arrears in regulating social security contributions, health insurance, the Fund or the Labour Fund, together with a copy of the application to the Insurance Institution Social contributions for the payment of contributions or deferrals of the claim the payment of these contributions;
(3) where there is no indication of the bankruptcy referred to in Article 3 (1) of the EC Regulation. 11 or Article 13 (1) 3 of the Act of 28 February 2003. -bankruptcy law (Dz. U. of 2016 r. items 2171, 2260 and 2261).
1a. The provisions of the Act apply in the years 2015-2017 to an entrepreneur within the meaning of art. 4 of the Act of 2 July 2004. o freedom of economic activity:
1) which the predominant type of economic activity performed according to the Polish Classification of Activities, resulting from the entry into the national register of official entities of the national economy, determined on the basis of the provisions issued on the basis of art. 40 par. 2 of the Act of 29 June 1995. o public statistics (Dz. U. of 2016 r. items 1068 and from 2017 items 60), points to its participation in trade, processing, transport, agricultural crops or animal husbandry and animal husbandry, as well as in the resulting services, on domestic or foreign commodity markets, and the product of this activity has suffered restrictions quantitative or commercially traded on domestic or foreign commodity markets, following temporary restrictions, for reasons beyond the control of the trader, in the entry of goods into the territories of other countries;
2) at which the restrictions on trade referred to in point 1 have caused a decrease in economic turnover, understood as the sale of goods or services, counted in terms of volume or value, together not less than 15%, calculated as the ratio of total turnover over any of the following 3 calendar months of the period after 6 August 2014. until the day preceding the day of submission of the application for benefits, in comparison with the total turnover of the same 3 calendar months of the preceding year; for a month shall also be deemed to be 30 consecutive calendar days, in where the three-month comparative period starts during the calendar month, that period shall be on the day other than the first day of the calendar month concerned;
3) which does not benefit in the regulation of tax obligations, social security contributions, health insurance, the Fund or the Labour Fund, except in the case where:
a) the indebted entrepreneur has entered into an agreement with the Social Insurance Company or has received the decision of the tax office on the payment of the debt and shall pay the instalment in time or benefit from the deferral of payment or
(b) arrears in the regulation of social security contributions, health insurance, the Fund or the Labour Fund arose during the period of decline of the economic turnover referred to in point 2, and the entrepreneur joined the application for the benefit of the plan repayment of debt with a prima facie case for the payment of social security contributions, health insurance, the Fund or the Labour Fund, together with a copy of the application to the Social Insurance Institution for the payment of the debt to the the title of those contributions or the deferral of payment of those contributions;
(4) where there is no indication of the bankruptcy referred to in Article 4 (1) of the EC Regulation. 11 or Article 13 (1) 3 of the Act of 28 February 2003. -bankruptcy law.
2. The aid referred to in the Act shall constitute de minimis aid, which the entrepreneur may receive for the benefit of the protection of the workers ' jobs, excluding the employees for whom he has received de minimis aid:
1) for the equipment or retrofitting of the employment position for the unemployed from the funds of the Labour Fund during the term of the contract concluded with the employee on the basis of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2016 r. items 645, with late. zm.) or
2) for the equipment or retrofitting of the position of work for a disabled person from the funds of the State Fund for Rehabilitation of Persons with Disabilities during the term of the contract concluded with the employee on the basis of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2016 r. items 2046, ze zm.).
3. Where an entrepreneur meets the conditions referred to in the paragraph at the same time 1 and 1a, the economic operator shall be entitled to the aid only if the conditions referred to in paragraph 1 are met. 1 or 1a.
Article 4. [ Operating conditions and operating mode during the business downtime period or reduced working time dimension] 1. The conditions and mode of performance of the work during the period of economic downtime or reduced working time of the entrepreneur shall be determined by the collective labour agreement or in agreement with the establishment of union organisations; if it is not possible to agree the content of the agreement with all the relevant trade union organisations, the trader agrees with the content of the agreement with the trade union organisations within the meaning of the Article. 241 25a the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666, 2138 and 2255 and of 2017 items 60).
2. If the undertaking concerned does not operate, the trade union organisations, conditions and procedures for the performance of the work during the period of economic downtime or the reduced working time shall be determined in agreement with the representatives of the staff members. the mode of operation adopted by that undertaking.
3. The collective agreement of the work or the agreement shall specify at least:
1) the professional groups covered by the economic downtime or reduced labour dimension;
2. the reduced working time for workers;
3) the period during which the solutions for economic downtime or reduced working time are in place.
4. In determining the conditions and mode of performance of the work during the period of economic downtime or reduced working time, no Article shall apply. 42 § 1-3 of the Act of 26 June 1974. -Labour Code.
Article 5. [ Employee and entrepreneur's entitlements in economic downtimes or reduced working time dimension] 1. An employee of an economic outage shall be entitled to an entrepreneur:
1. financed by the Fund's resources to meet the remuneration for the duration of the economic outage, up to 100% of the allowance referred to in the Article. 72 par. 1 point 1 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, increased by the amount of social security contributions payable by the employee, in proportion to the economic downlevel, taking into account the employee's working time,
2) financed by the entrepreneur's remuneration
-a total of at least the minimum wage for the work, determined on the basis of provisions on the minimum wage, taking into account the working time of the worker.
2. An employee subject to a reduced working time shall be entitled to a trader:
1. financed by the Fund for the benefit of partial compensation for the reduction of the working time, up to 100% of the allowance referred to in Article 3 (1) of the basic Regulation. 72 par. 1 point 1 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, increased by the amount of social security contributions payable by the employee, in proportion to the reduced working time of the employee, taking into account the working time dimension a worker before being lowered,
2) financed by the entrepreneur's remuneration
-a total of at least the minimum wage for the work, determined on the basis of provisions on the minimum wage for work, taking into account the working time of the worker before it is reduced.
3. Entrepreneurs, in the period of economic downtime or reduced working time, the funds are entitled from the Fund to pay the social security contributions of employees due from the employer on the basis of the rules on the insurance system social benefits from the benefits referred to in paragraph 1. 1 point 1 and paragraph. 2 point 1.
Article 6. [ Benefit period] The benefits referred to in Article 5 par. 1 point 1 and paragraph. Article 2 (1) shall be entitled to an employee who has been employed by a trader who fulfils the conditions referred to in Article 2 (2). 3 para. 1 or 1a, for a total period of not more than 6 months within a period of 12 months from the date of signing the contract for the payment of benefits.
Article 7. [ Employee who charges sickness or sickness insurance benefit for the duration of sickness insurance] The benefits referred to in Article 5 par. 1 point 1 and paragraph. Article 2 (1) shall not apply to the staff member, except for the worker to whom the trader has reduced the working time pursuant to Article 2 (1). 4 if, during a period of reduced working time, the remuneration for the duration of the illness referred to in Article 4 is collected. 92 of the Act of 26 June 1974. -the Labour Code or the Law of 30 October 2002. o social insurance in the field of accidents at work and occupational diseases (Dz. U. of 2015 items 1242 and 1442 and from 2016. items 1807, 1948 and 2255) or the sickness insurance benefit as defined in the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2016 r. items 372, 960, 1265, 1579 and 2020 and from 2017 items 396).
Article 8. [ Application for benefits] 1. The application for the granting of benefits together with the necessary for the conclusion of the contract for payment of the benefits documents and statements of the entrepreneur shall submit to the Marshal of the Voivodship competent due to the establishment of the entrepreneur.
2. The application for the benefit of the entrepreneur shall be accompanied by the following documents:
1) a copy of the contract concluded with the Social Insurance Company or a copy of the decision of the tax office on the repayment of the debt, in the case referred to in art. 3 para. 1 point 2 (a) a or a paragraph. 1a, point 3 (a);
(2) a plan to repay the debt for contributions, in accordance with a request for a payment of contributions to the instalments of contributions or for the postponement of the payment of contributions, in the case referred to in Article 3 (1) of Regulation (EC) No EC. 3 para. 1 point 2 (a) b or para. 1a point 3 (b)
3) a copy of the collective labour agreement or the agreement referred to in art. 4 par. 1 and 2.
4) (repealed)
3. In the application for the provision of benefits, the entrepreneur shall make statements about:
1) having the status of an entrepreneur within the meaning of art 4 of the Act of 2 July 2004. the freedom of economic activity;
2) the economic turnover referred to in Article 2 (2) of the economic turnover in the economic operator. 3 para. 1 point 1 or paragraph. Article 1 (a) (a) (a) (a) (a) (a) (a) (a) 3 para. 1a point 1;
3) there is no indication of the bankruptcy of the trader referred to in art. 11 or Article 13 (1) 3 of the Act of 28 February 2003. -bankruptcy law;
4) non-arrears or arrears in regulating tax obligations, social security contributions, health insurance, the Fund or the Labour Fund referred to in art. 3 para. 1 point 2 or paragraph. 1a point 3;
5) the failure to use the benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3, for employees recruited on the basis of the agreements referred to in art. 3 para. 2;
6) the number of employees employed;
7) the bank account number or the account number of the cooperative savings and credit casing responsible for the business operation;
(8) the type and amount of de minimis aid received during the last 3 calendar years;
(9) the trader's rate of contribution to accident insurance in force;
10) not to be achieved by the employees included in the list of employees entitled to benefits paid out of the Fund in the year in which the payment of benefits is made, the amount of limitation of the annual basis of the pension insurance contributions and Average monthly wage, which is 30 times the forecast average monthly wage in the national economy for a given calendar year, and if that is the basis of the dimension reached this year-a statement that the accrued contributions to the pension insurance and pensions shown in the list of employees entitled to benefits paid from The Fund was calculated only from that part of the contribution base which did not exceed the amount of the reduction in the annual base of the contributions.
4. The certificates referred to in paragraph 1 3, the entrepreneur shall submit under the rigorous criminal responsibility for making false statements. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.
5. In the event of a statement of formal deficiencies of the application for granting the benefits of the Marshal of the voivodship within 7 working days from the date of the impact of the application, calls on the entrepreneur to complete the application within 7 working days from the day of receipt of the call. After the expiry of the deadline, the application for benefits shall be left unrecognizable.
Article 9. [ Powers of the Marshal of the Province] 1. Marshal of the voivodship in the event of a statement that the entrepreneur meets the conditions referred to in art. 3 para. 1 or 1a, within 7 working days from the date of the impact of the complete application for the benefit of the Fund shall apply to the authorising officer of the Fund for the allocation of expenditure on the payment of the benefits financed under the Act and within 7 working days from the date of the If the limit is reached, you will have an agreement with the trader. In the event of the failure to obtain the limit of the Marshal of the voivodship in written form refuses to grant the benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3.
2. Where it is found that an entrepreneur does not meet the conditions referred to in art. 3 para. 1 or 1a, the marshal of the voivodship within 7 working days from the date of the impact of the complete application for the granting of benefits shall be refused in a written conclusion with the entrepreneur of the contract for payment of benefits.
3. The entrepreneur shall submit to the Marshal of the voivodship the schedule of monthly payments of benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3, and their amount, immediately after the conclusion of the agreement for the payment of benefits.
4. The Marshal of the voivodship shall submit to the Fund to the Fund the need for the measures referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and the measures referred to in Article 2 (2) (a 5 par. 3.
Article 10. [ Authorising Officer] The Fund's disposal shall be transferred to the Marshal of the Province on the basis of an agreement for payment of benefits concluded between the Marshal of the Province and the Entrepreneur and the requisitions submitted by the Marshal of the Province, taking into account the dates resulting from the the schedule referred to in Article 9 ust. 3, resources of the Fund for:
1. the payment of the benefit to the employee of the benefits referred to in Article 5 par. 1 point 1 and paragraph. 2 point 1;
2) to pay the social security contributions of employees due from the employer on the basis of the provisions on the social security system from the benefits granted, referred to in art. 5 par. 1 point 1 and paragraph. 2 point 1.
Article 11. [ Forwarding to the entrepreneur's account for payment of benefits] On the basis of the contract for the payment of benefits and of the list of employees entitled to benefits paid out of the Fund, hereinafter referred to as "the list", submitted by the trader for the period from the first day for which the benefit is due, until the last day month, and monthly by the end of each month, for which the benefit is due, the Marshal of the voivodship shall transfer to the entrepreneur's account a month from the bottom of the funds for payment of the benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and the measures referred to in Article 2 (2) (a 5 par. 3, according to the schedule referred to in art. 9 ust. 3.
Article 12. [ Payment of employee benefits and wages] 1. The benefits referred to in Art. 5 par. 1 point 1 and paragraph. 2 (1) and the remuneration referred to in Article 2 (2) of the basic 5 par. 1 point 2 and paragraph. In accordance with Article 2 (2), the trader shall pay the employees immediately after deduction of the social security contributions financed by the insured funds, the health insurance contributions, the advance payment of the personal income tax on the basis of the provisions of Article 2 (2) of the basic specified in the personal income tax legislation, as well as maintenance duties under the rules laid down in the Act of 26 June 1974. -Labour Code concerning the deduction of these duties on remuneration for work.
2. Entrepreneur after making deductions from the benefits and salaries referred to in art. 5, pay contributions to social security contributions, health insurance, the Fund and the Labour Fund and advance payments on personal income tax, in accordance with applicable regulations.
3. The measures referred to in art. 11, transferred to the payment of the benefits for the protection of jobs may be subject to enforcement only for the benefit of the persons for whom they were transferred.
Article 13. [ Prohibition of termination of employment contract on grounds of non-employee] An entrepreneur who, on the basis of an agreement for payment of benefits, has received funds from the Fund for the payment of the benefits referred to in art. 5 par. 1 point 1, paragraph 1. Article 2 (1) and the measures referred to in Article 2 (2) (a 5 par. 3, unable to terminate the contract of employment due to the causes of the non-employee:
1) during the period or during the periods of collection by the employee of the benefits referred to in art. 5 par. 1 point 1 and paragraph. 2 (1), and
2) during the period or during periods immediately after the period or periods of collection of the benefits referred to in art. 5 par. 1 point 1 and paragraph. 2 points 1-no longer than for a total period of 3 months.
Article 14. [ Obligations of the entrepreneur] 1. The entrepreneur is obliged to notify in writing the Marshal of the voivodship about any change of circumstances affecting the amount of the benefits paid, referred to in art. 5 par. 1 point 1 and paragraph. 2 point 1, within 7 working days from the day on which the information on the occurrence of the occurrence is obtained.
2. An entrepreneur shall be obliged to settle funds of the Fund for the payment of benefits to the protection of the jobs referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3.
3. Marshal of the voivodship may carry out control by the entrepreneur in respect of the provisions of the contract for payment of benefits, disbursement of funds of the Fund for the payment of benefits to the protection of jobs in accordance with the purpose, the proper documenting and accounting for the Fund's received and disbursed funds for the payment of benefits to the protection of jobs, and may request the presentation of any documentation related to it and request the submission of appropriate explanations.
Article 15. [ Cases when the trader failed to comply with the terms of the contract or has not been subject to control] 1. In the event that an entrepreneur who has entered into an agreement with the Marshal of the voivodship for the payment of benefits, has failed to fulfil the conditions contained in it or has failed to give up the control referred to in art. 14 para. 3, is obliged to return to the bank account of the Marshal of the voivodship from which he received the funds, the total of the aid received, together with interest equal to the reference rate calculated in accordance with the methodology set out in the Commission communication on the change methods for setting the reference and discount rates (Dz. Urz. EU C 14, 19.01.2008, p. 6), calculated from the day following the date of the transfer by the Marshal of the funds to the payment of the benefits for the protection of the places of work on the account of the entrepreneur.
2. If the failure to comply with the terms of the agreement for the payment of benefits consists in the use of the aid referred to in art. 10, unlawfully intended, the entrepreneur is obliged to return to the bank account of the Marshal of the voivodship from which he received the funds, the amounts of aid used misuse together with interest of equal reference rate calculated according to the methodology set out in the Commission communication on the revision of the method for setting the reference and discount rates, calculated from the day following the date of the transfer by the Marshal of the voivodship funds for the payment of benefits to the protection of jobs on behalf of the entrepreneur
Article 16. [ Monthly information on the use of Fund resources for the payment of benefits] The Marshal of the voivodship shall communicate to the Minister responsible for the work of the Fund a monthly information concerning the use of the funds of the Fund for the payment of the benefits referred to in Article 3. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3.
Article 17. [ Delegation] The Minister responsible for the work shall determine by way of regulation:
1. the model of the application for benefits,
2) the model of the contract for payment of benefits,
3. the model of the list,
4) the model of demand referred to in art. 9 ust. 4,
5) the model of the demand referred to in Article 30b, and the time limit for its transfer to the Fund's disposal,
6) the term and method of settlement of the entrepreneur from the funds received for the payment of the benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3,
7) deadline and manner of passing of the Minister competent to work by the Marshal of the Voivodship Information on the use of funds for the payment of the benefits referred to in art. 5 par. 1 point 1 and paragraph. Article 2 (1) and (2) (a) of Article 4 (2) 5 par. 3, and a model of this information
-having regard to the appropriateness of the resources of the Fund referred to in Article 3 (2) of the Regulation. 10, in view of the needs of the national labour market and the provision of adequate organisation of the payment of benefits for the protection of jobs for economic downtimes or reduced working time.
Article 18. [ Application for the financing of the costs of the training of workers subject to the arrangements for the protection of jobs] 1. An entrepreneur who has entered into an agreement for the payment of benefits may apply to an old (President of the City on the Rights of the District) competent due to the seat of the entrepreneur with an application for the financing of the costs of training of the employees covered by the special the arrangements for the protection of jobs, provided that training is justified by the current or future needs of the entrepreneur.
2. An application for the financing of the costs of the training of the employees referred to in the paragraph. 1, contains:
1. the name of the employer, the address of the place of business and the designation of the place
2) designation of the predominant type of business activity performed according to the Polish Classification of Activities;
3) an indication of the number of employees employed;
4) determination of the type and characteristics of the training, including the subject matter, the place and the timing of the training implementation;
5. the calculation of the costs of training, including the number of persons targeted at the training and the list of registered names of the workers concerned, together with the amount of the funding per employee;
6. the requested amount of funding for the training costs.
3. To the application for the financing of the costs of the training of the employees referred to in the paragraph. 1, the entrepreneur attaching:
1) a copy of the contract for payment of benefits together with a copy of the list
2) a statement by the entrepreneur that the chosen by him to implement the offer of the training institution will be competitive in relation to the offers of other training institutions offering similar trainings;
3) statement of the entrepreneur, that the training is justified by the present or future needs of the entrepreneur;
4) a statement by the entrepreneur of the type and amount of de minimis aid received during the last three calendar years.
4. The certificates referred to in paragraph 1 3 points 2 to 4, the entrepreneur is responsible for the submission of false statements under penalty of criminal liability. The applicant shall be obliged to enter in it the clause of the following text: "I am aware of the criminal responsibility for making a false statement." This clause replaces instructing the body of criminal responsibility for making false statements.
5. In the event of a deficiency of formal applications for the financing of the costs of the training of workers subject to special arrangements for the protection of jobs or the failure to comply with the conditions referred to in paragraph 1 (b), 1, starosta (the president of the city on the rights of the district), within 7 working days from the date of the impact of the application, calls on the entrepreneur to complete or correct the application within 7 working days from the day of receipt of the call. After the expiry of the time limit, the application for the financing of the training costs of the staff shall be left unrecognizable.
6. Training initiates, organises and finances an entrepreneur's training costs from its own resources and obtained.
7. Entrepreneur, directing the employee for the training referred to in paragraph. 1, it shall contain an agreement specifying the rights and obligations of the parties. No Article shall be applied to the contract concluded. 103 1 -103 6 the Act of 26 June 1974. -Labour Code.
8. An employee who has not completed his or her fault training or with whom the employment relationship has been resolved in art mode. 52 of the Act of 26 June 1974. -The Labour Code is obliged to return the entrepreneur the costs of training on the basis stipulated in the contract with the entrepreneur referred to in the paragraph. 7.
Article 19. [ Competence of the starosty (the president of the city on the rights of the district)] 1. The Old Town (President of the City on the Rights of the District), within 7 working days from the date of the impact of the complete application for the financing of the costs of training workers covered by the specific solutions for the protection of jobs, occurs to the authorising officer The Labour Fund in the case of the entrepreneur referred to in art. 3 para. 1, or to the authorising officer of the Fund in the case of an entrepreneur referred to in art. 3 para. 1a, for the allocation of the expenditure limit for the financing of the training costs financed under the Act and within 7 working days from the date of obtaining the limit shall sign an agreement with the entrepreneur for the financing of the training costs. In case of not obtaining the limit of expenses of the starosta (the city president on the rights of the district), he refuses in a written conclusion with an entrepreneur of the contract to subsidise the costs of training.
2. If it is found that the entrepreneur has not entered into a contract for payment of benefits, the starosta (the president of the city on the rights of the district), within 7 working days from the date of the impact of the complete application for the financing of the costs of training of the employees covered the specific arrangements for the protection of jobs, shall be refused by written conclusion with the trader for the financing of the training costs.
2a. The Old Town (President of the City on the Rights of the District) shall submit to the Fund of the Labour Fund or the Fund to the Fund to finance the costs of the training of employees.
3. The funds for the implementation of the contract for the financing of the costs of the starosta training (the president of the city on the rights of the district) shall transfer the entrepreneur once within 7 working days from the day of conclusion of the contract for the financing of the training costs.
Article 20. [ Funding of training of employees covered by the training agreement for training costs] 1. The financing of training of the employees covered by the contract for the financing of the training costs may include the costs:
1. the claims of training institution for training;
2) journeys associated with participation in training;
3) medical or psychological examinations necessary for the commencation of training;
4) compulsory insurance by the employee's training institution on the aftermath of accidents arising in connection with the training and on the way to the training place and back.
2. The amount of the co-financing per employee shall be 80% of the training costs, not more than 300% of the average remuneration in the previous quarter announced by the President of the Central Statistical Office on the basis of art. 20 point 2 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, as late. ism.), effective at the date of conclusion of the contract for the financing of the costs of training.
3. Training organized for employees referred to in art. 18 (1) 1, they must be started in the course of economic outages or during the period of reduced working time, and the funding referred to in paragraph 1. 1, may relate to trainings organised during the period referred to in art. 6.
Article 21. [ Obligations of the entrepreneur] 1. The entrepreneur is obliged to notify in writing the starosty (the city president on the rights of the district) of any change of circumstances affecting the implementation of the contract for the financing of the training costs within 7 working days from the date of obtaining information about her speech.
2. The entrepreneur shall be obliged to settle the funds received under the contract for the financing of the costs of training.
3. The Old Town (President of the City on the Rights of the District) may carry out an audit by the entrepreneur in respect of the provisions of the contract to finance the costs of training, the expenditure of the funds of the Labour Fund or the Fund, received on the basis of a contract for the financing of the costs of training for the purpose, proper documentation and settlement of the funds received and expenditure received and of the Fund, and may, for that purpose, request the presentation of any documentation relating to that expenditure and to request appropriate explanations.
Article 22. [ Failure to meet the conditions of the training agreement for the training costs] 1. In the case of non-completion from the fault of the employee of the training referred to in art. 18 or a solution with an employee of an employment relationship in art mode. 52 of the Act of 26 June 1974. -Labour Code, the entrepreneur returns an old age (the city's president on the rights of the district) the costs of training on the basis stipulated in the contract for the financing of the costs of training.
2. In the event that an entrepreneur who has entered into an agreement with an internship (President of the City on the rights of the district) to finance the costs of training, did not meet the conditions contained therein or did not give in to the control referred to in art. 21 (1) 3, is obliged to return to the bank account of the starosty (the president of the city on the rights of the district), from which he received the funds, the total of the aid received, together with interest equal to the reference rate calculated according to the methodology set out in the communication Commission on the revision of the method for setting the reference and discount rates, calculated from the day following the date of the transfer by the Starostna (President of the City to the Rights of the District) of the measures under the contract for the financing of the costs of training on the trader's account
3. If the failure to meet the conditions of the contract for the financing of the costs of training consists in the use of the aid referred to in art. 18 (1) 1, not as intended, the entrepreneur is obliged to return immediately to the bank account of the starosty (the president of the city on the rights of the district), from which he received the funds, the amounts of aid used inaccordance with the purpose of the interest rates equal to the reference rate, calculated in accordance with the methodology set out in the Commission Communication on the revision of the method for setting the reference and discount rates, calculated from the day following the date of the transfer by the internship (President the city on the rights of the district) of the funds under the contract for financing the costs training for the entrepreneur's account
Article 23. [ Monthly information on the use of funds intended to finance training costs] 1. The Old Town (the President of the City on the Rights of the District) shall inform the local marshal of the monthly voivodship concerning the use of funds earmarked for the financing of the training costs referred to in art. 18 (1) 1.
2. The Marshal of the voivodship shall transfer the Minister of Labour to the Minister of Labour in the case of the entrepreneur referred to in Art. 3 para. 1, or to the Fund's disposal in the case of an entrepreneur referred to in art. 3 para. (1a) aggregate monthly information on the use of funds earmarked for the financing of the training costs referred to in Article 4 (2) of the basic Regulation. 18 (1) 1.
Article 24. [ Delegation] The Minister responsible for the work shall determine by way of regulation:
1) a model application for the financing of the costs of training of workers covered by the specific solutions for the protection of jobs,
2) the model of the contract for the financing of training costs,
3) the model of demand referred to in art. 19 (1) 2a,
4) the terms and manner of passing the Marshal of the voivodship by the interiors (presidents of cities on the rights of the district) and the Minister of the competent labour affairs-the authorising officer of the Labour Fund in the case of the entrepreneur referred to in art. 3 para. 1, or to the Fund's disposal in the case of an entrepreneur referred to in art. 3 para. 1a, by the Marshals of the voivodships of information on the use of funds earmarked for the financing of training costs,
5) models of information on the use of funds intended to finance the costs of employee training
-having regard to the appropriateness of spending these measures in connection with the needs of the national labour market and ensuring the proper organisation of the payment of funds intended to finance the training costs.
Article 25. [ The implementation of the tasks defined in the Act] 1. The tasks of the Ministry of Labour, Marshal of the voivodships with the help of the local labour offices and starostes (presidents of cities on the rights of the district) are implemented by the task law, with the help of the local authorities. District labour offices.
2. Marshal of the voivodship may empower the competent local director of the voivodship office and, at his request, the deputy director of the voivodship office for carrying out the activities referred to in art. 8 ust. 5, art. 9, art. 11, art. 14 para. 3, art. 16 and Art. 23 (1) 2.
2a. Marshal of the voivodship may authorize, upon request of the Director of the Provincial Labour Office, the employee of that office to carry out the activities referred to in art. 14 para. 3.
3. The Starosta (the president of the city on the rights of the district) may authorize the local director of the district labour office and, at his request, the deputy director of the district labour office to carry out the activities referred to in art. 18 (1) 5, art. 19, art. 21 (1) 3 and Art. 23 (1) 1.
4. The Starosta (the president of the city on the rights of the district) may authorize, at the request of the director of the district labour office, the employee of this office to carry out the activities referred to in art. 21 (1) 3.
Article 26. [ Consideration of applications] Applications for benefits and applications for the financing of staff training costs shall be considered according to the order in which they are affected, until the amounts laid down in Article 4 are exhausted. 30 par. 1.
Article 27. [ Amounts to be used for payment of benefits] 1. From the date of entry into force of the Act until 31 December 2013. Minister competent for the work-the authorising officer of the Fund and the authorising officer of the Labour Fund for payment from the titles referred to in the Act-PLN 200 million for the payment from the Fund for the protection of jobs and PLN 50 million for funding from the Fund Labor Fund costs of employee training.
2. In 2014 Minister competent for the work-the authorising officer of the Fund and the authorising officer of the Labour Fund for the payment of the titles referred to in the Act-PLN 204.6 million for the payment from the Fund for the benefit of the protection of jobs and PLN 51,2 million for the financing of the Fund Labor Fund costs of employee training.
3. In order to allow for the application of the special arrangements laid down by the Act, the Minister responsible for Labour-the authorising officer of the Fund and the authorising officer of the Labour Fund shall amend the financial plan of the Fund and the Labour Fund in 2013. by increasing the costs of the Fund and the Labour Fund for the payment of the benefits set out in the Act and the financing of the costs of the training of the employees referred to in the Act up to the amount stipulated in the mouth. 1, the burden of the remains of the Fund and the Labour Fund from the previous periods recorded in the financial plan of the Fund and the Labour Fund as a state at the beginning of 2013. and will include the planned costs of the Fund and the Labour Fund in 2014. in the draft financial plans of the Fund and the Labour Fund, constituting the annexes to the draft budget bill for 2014, submitted to the Sejm by the Council of Ministers, up to the maximum limits of the expenditure referred to in paragraph. 2.
4. On the changes made to the financial plans of the Fund and the Labour Fund, the Minister responsible for work-the authorising officer of the Fund and the authorising officer of the Labour Fund shall notify the Minister responsible for public finance within 7 days from the date of entry into force of the Fund. laws.
5. Agreements for the payment of benefits and contracts for the financing of the costs of training of employees may be concluded by 30 June 2014.
Article 28. [ Monthly monitoring of unemployment rate] 1. After 30 June 2014 Minister competent for labour leads to the needs of the Council of Ministers the monthly monitoring of the unemployment rate at the national level, understood as the percentage of the number of unemployed in the number of economically active and calculates the percentage of national change unemployment rates in relation to the same period of the previous year.
2. In the event of the occurrence of the dynamics of the changes referred to in the paragraph. 1, equal to or more than 7% in two consecutive months, minister competent for labour, after consulting the Social Dialogue Council on the situation on the national labour market, presents to the Council of Ministers information on this dynamics and the current information on the results in the economy drawn up in agreement with the Minister responsible for the economy.
3. Upon receipt of the information referred to in paragraph. 2, the Council of Ministers shall determine, by means of a regulation:
1) the amount of the aid, which may be granted on the basis of the Act from the Fund and the Labour Fund,
2) the period of application of this aid,
(3) the time limits for carrying out the operations of:
(a) amend the financial plan of the Fund and the Labour Fund for the year in question to increase the expenditure on the amount of aid referred to in point 1 or notification of the amendment to the draft financial plan of the Fund and the Labour Fund in the course of work on the state budget in the increase in expenditure on the amount of the aid referred to in point 1,
(b) the notification to the Marshal of voivodships of the amount of the expenditure limit included in the Fund's financial plan and the starostes (presidents of cities on the right of the district), of the amount of the expenditure limit included in the financing plan of the Labour Fund for the year or the amounts the expenditure limits included in the draft Financial Plan of the Fund and the Labour Fund for the year concerned
-guided by the envisaged needs for this assistance and taking into account the state of the resources of the Fund and the Labour Fund.
4. The Council of Ministers does not issue the regulation referred to in the paragraph. 3 if its release would limit the performance of current tasks in the field of protection of employees ' claims financed by the Fund and in terms of promotion of employment, mitigation of the effects of unemployment and professional activation financed by the Fund Work.
5. Data collected and processed in the scope resulting from the mouth. 1 shall be published in the Public Information Bulletin on the subject-matter of the office serving the minister responsible for work with a frequency resulting from the monitoring carried out, at the end of the month following the month covered by the monitoring monitoring.
Article 29. [ Allowing the application of specific solutions specified in the Act after 30 June 2014] 1. In order to allow for the application of the special arrangements laid down in the Act after 30 June 2014, the Minister responsible for Work-the authorising officer of the Fund and the authorising officer of the Labour Fund may make changes to the financial plan of the Fund and the Fund Work by increasing the costs of the Fund and the Labour Fund for the payment of the benefits specified in the Act and the financing of the costs of the training of the employees referred to in the Act up to the amount specified in the Regulation referred to in art. 28 para. 3, the burden of the residual resources of the Fund and the Labour Fund from the previous periods recorded in the financial plan of the Fund and the Labour Fund as a state for the beginning of the year in which the regulation referred to in art was issued. 28 para. 3.
2. Liabilities arising from contracts for the payment of benefits and contracts for the financing of the costs of training of staff contracted in the year of the issued regulation referred to in art. 28 para. 3, which fall within the expenditure limit of a given year, shall be carried out within the periods resulting from the agreements concluded for the payment of benefits and contracts for the training of staff costs within the limits of the expenditure of the year concerned, or, for the following year, and shall be financed under the Fund's and the Labour Fund's financing plans from the spending limit for the following year.
3. On the changes made to the financial plans of the Fund and the Labour Fund, the Minister responsible for work-the authorising officer of the Fund and the authorising officer of the Labour Fund shall notify the Minister responsible for public finances within 7 working days from the date of the day the entry into force of the Regulation referred to in Article 28 para. 3.
Article 29a. [ Exemption of application of the law] The provisions of Article 4 27-29 do not apply to the entrepreneur referred to in art. 3 para. 1a.
Article 30. [ Maximum limit of expenditure resulting from the financial effect of the Act in the years 2013-2022] 1. In the years 2013-2022 the maximum limit of expenditure resulting from the financial effect of the Act is:
1. for the Fund in the year:
a) 2013-200,0 million zł,
b) 2014-204.6 million zł,
(c) 2015-459,7 million zł,
(d) 2016-465,0 million zł,
(e) 2017-220,3 million zł,
(f) 2018-225,6 million zł,
(g) 2019-231 million zł,
h) 2020-236.6 million zł,
i) 2021-242.3 million zł,
(j) 2022-248,1 million zł;
2) for the Labour Fund of the year:
a) 2013-50.0 million zł,
(b) 2014-51,2 million zł,
(c) 2015-52.4 million zł,
(d) 2016-53.7 million zł,
(e) 2017-55,1 million zł,
f) 2018-56,4 million zł,
(g) 2019-57,8 million zł,
(h) 2020-59,1 million zł,
(i) 2021-60.6 million zł,
(j) 2022-62.0 million zł.
2. In the event of exhaustion of the budgetary year, the maximum limit of expenditure referred to in paragraph 1 shall be exhausted. 1, a correction mechanism shall be applied, which shall refuse to grant the Marshal of the Voivodship the expenditure limit referred to in Article. 9 ust. 1, and the old age (the president of the city on the rights of the district) the limit of expenses referred to in art. 19 (1) 1.
3. The competent authority to monitor the use of the expenditure limits referred to in paragraph 1. 1, and the implementation of the correction mechanism referred to in paragraph 1. 2, is the minister responsible for work-the authorising officer of the Fund and the authorising officer of the Labour Fund.
Article 30a. [ The amount of aid for entrepreneurs in the years 2015 -2017] 1. Aid to entrepreneurs referred to in art. 3 para. 1a, may be implemented only in the years 2015 -2017, within the amounts set out in art. 30 par. 1 point 1 lit. c and d, until the limits of the expenditure referred to in paragraph have been exhausted. 2.
2. For the aid for entrepreneurs referred to in art. 3 para. 1a, minister competent for labour-the Fund's disposal earmarked the Fund's funds in the amount of PLN 500 million, of which-PLN 250 million in 2015. and PLN 250 million in 2016.
3. In order to allow for the application of the solutions provided for the entrepreneurs referred to in art. 3 para. 1a, the Minister for Labour Affairs-the Fund's authorising officer shall make a change to the Fund's financial plan project or the Fund's financial plan for 2015. by increasing the costs of the Fund for the payment of benefits to the protection of jobs and to the financing of the costs of training workers, up to the amount specified in the paragraph. 2, on the burden of residues of the Fund from previous periods recorded in the draft financial plan of the Fund or in the financial plan of the Fund as a state for the beginning of 2015. and will include the planned costs of the Fund in 2016. in the draft financial plan of the Fund, which is an annex to the draft budget law for 2016, submitted to the Sejm by the Council of Ministers, up to the maximum limits of the expenditure referred to in the paragraph. 2.
4. In the case of the use of the expenditure limit for 2015 before the end of the financial year, this limit may be increased, after the Minister responsible for public finance has agreed, to the necessary amount resulting from the agreements referred to in paragraph with the undertakings concerned. 6, at the expense of the limit for 2016, by amending the financial plan of the Fund, made by the Minister responsible for Work-the authorising officer of the Fund, under the rules laid down in the paragraph. 3, not later than the end of the financial year. Appropriations not used in 2015 increase the spending limit set for 2016. and the planned costs of the Fund by amending the Fund's financial plan by the Minister responsible for the work-the authorising officer of the Fund, after acceptance by the Minister responsible for public finance, on the basis of the rules laid down in the paragraph. 3.
5. The changes referred to in paragraph 5. 3 and 4, in the draft financial plan of the Fund or in the financial plan of the Fund a minister competent for work-the authorising officer of the Fund shall notify the minister responsible for public finance within 7 days from the date of entry into force of this Law and within 7 days from the date of the amendment.
6. Contracts for the payment of benefits and contracts for the financing of the costs of the training of employees may be concluded by 31 December 2016, with the fact that the costs of the commitments for their conclusion going forward for 2017. shall be within the two-year limit of expenditure referred to in paragraph 1. 2.
7. Liabilities arising from contracts for the payment of benefits and contracts for the financing of the costs of training of staff contracted in 2016, carried out during the periods resulting from those contracts that pass for the following year, shall be financed within the financial plan The Fund for the following year.
8. In case of necessity to change the draft financial plan or financial plan of the Fund for 2017. Minister for Work-the authorising officer of the Fund will make the necessary changes after the Minister responsible for public finance has been given the consent.
9. In the event of exhaustion of the adopted two-year maximum limit of expenditure referred to in paragraph 1. 2, a correction mechanism shall be applied, consisting in a refusal to grant a limit of expenditure:
1) Marshal of the voivodship-for the payment of benefits to the protection of jobs;
2) Old Town (President of the City on the Rights of the District)-for the financing of the costs of training of employees.
Article 30b. [ The transfer of funds of the Fund to the bank account of the provincial government] The disposal of the Fund shall be transferred to the bank account of local government of the Fund for the financing of the costs of servicing tasks resulting from the Act on the basis of the demand made by the Marshal of the Province.
Article 33. [ Repealed provisions] The Law of 1 July 2009 shall be repealed. of mitigating the effects of the economic crisis for employees and entrepreneurs (Dz. U. Entry 1035 and 2010 items 1445).
Article 34. [ Entry into force] The Act shall enter into force after 14 days from the day of the announcement.
