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Act Of 20 April 2004 On Employment Promotion And Labour Market Institutions

Original Language Title: USTAWA z dnia 20 kwietnia 2004 r. o promocji zatrudnienia i instytucjach rynku pracy

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ACT

of 20 April 2004

o promotion of employment and labour market institutions 1)

Chapter 1

General provisions

Article 1. [ Substantive Scope] 1. The Act sets out the tasks of the state in terms of promotion of employment, mitigation of the effects of unemployment and of professional activation.

2. State tasks in the field of employment promotion, mitigation of the effects of unemployment and professional activation shall be carried out by the institutions of the labour market acting in order to:

1) full and productive employment;

2) the development of human resources;

3) achieve high quality of work;

4. reinforcing integration and social solidarity;

5) increasing mobility in the labour market.

3. The Act shall apply to:

1) Polish citizens seeking and taking up employment or other gainful employment in the territory of the Republic of Poland and employment or other gainful employment abroad in foreign employers;

2) foreigners intending to perform or perform work on the territory of the Republic of Poland:

(a) citizens of European Union Member States,

(b) citizens of the countries of the European Economic Area not belonging to the European Union,

(c) nationals of States not parties to the Agreement on the European Economic Area who may exercise the freedom of movement of persons on the basis of agreements concluded by those States with the European Community and its Member States,

d) having in the Republic of Poland the refugee status,

(e) having a permanent residence permit in the Republic of Poland,

(f) the authorisation of a long-term resident of the European Union in the Republic of Poland,

g) holding in the Republic of Poland a temporary residence permit granted in connection with the circumstances referred to in art. 127, art. 151 ust. 1 or 2 or art. 186 para. 1 point 3 of the Act of 12 December 2013. o foreigners (Dz. U. of 2016 r. items 1990, 1948 and 2066 and of 2017. items 60 and 858),

h) holding in the Republic of Poland a temporary residence permit granted in connection with the circumstances referred to in art. 144, art. 159 par. 1, art. 160, art. 161, art. 176, art. 186 para. 1 points 1, 2, 4 and 5 or art. 187 of the Act of 12 December 2013. o foreigners,

(ha) holding a temporary residence permit as referred to in Article 114 par. 1 or Art. 126 (1) 1 of the Act of 12 December 2013. o foreigners, or a visa issued for the purpose of performing work on the territory of the Republic of Poland,

(i) having permission to stay on a humanitarian basis in the Republic of Poland for humanitarian reasons or for tolerated residence,

j) using in the Republic of Poland from temporary protection,

(k) applicants in the Republic of Poland for international protection and spouses, on behalf of whom they apply for international protection, who hold a certificate issued on the basis of art. 35 of the Act of 13 June 2003. o grant to foreigners protection in the territory of the Republic of Poland (Dz. U. of 2016 r. items 1836 and 2003 and from 2017 items 60),

(l) which has been granted subsidiary protection in the Republic of Poland;

3) foreigners-family members of foreigners, referred to in point 2 lit. a-c;

4) foreigners-members of the families of Polish citizens who have obtained a temporary residence permit in the territory of the Republic of Poland or upon submission of an application for a temporary residence permit, a permanent residence permit or a residence permit the long-term resident of the European Union is staying in the territory of the Republic of Poland on the basis of art. 108 (1) 1 point 2 or art. 206 par. 1 point 2 of the Act of 12 December 2013. o foreigners or on the basis of a stamp in the travel document of the stamp which confirms the submission of an application for the grant of a long-term resident's residence of the European Union, if immediately prior to the submission of the application for a grant Temporary residence permits, permanent residence permits or long-term resident permits of the European Union have a temporary residence permit;

5) foreigners intending to perform work or performing work on the territory of the Republic of Poland, not listed in points 2 to 4.

4. Under the rules laid down in the Act, allowances and other unemployment benefits shall be entitled to the persons referred to in paragraph 1. 3 points 1, 2 (a) a-g, i, j, l and paragraphs 3 and 4.

5. In accordance with the principles of the law, the persons referred to in paragraph 5. 3 point 2 (a) ha, the allowances referred to in Chapter 15 are entitled.

6. On the principles specified in the law of the persons referred to in paragraph. 3 point 2 (a) h and ha, they may use the services of the labour market excluding the right to the benefits referred to in art. 41-42a.

Article 2. [ Definitions] 1. Whenever the law is referred to:

1) academic career office-means a unit working for the professional activation of students and university graduates, conducted by a higher school or student organization, to which the tasks shall be in particular:

(a) providing students and graduates with higher education information on the labour market and the opportunities for improving professional qualifications,

(b) the collection, classification and sharing of job offers, trainees and apprages,

c) running a database of students and university graduates interested in finding a job,

(d) assistance to employers in the acquisition of suitable candidates for job vacancies and professional trainees,

(e) assistance in the active search for work;

2) unemployed-this means the person referred to in art. 1 (1) 3 points 1 and 2 (a) a-g, lit. i, j, l and person referred to in art. 1 (1) 3 point 2 (a) ha, which immediately before the registration as an unemployed person was employed uninterruated in the territory of the Republic of Poland for a period of at least 6 months, and the person referred to in art. 1 (1) 3 (3) and (4), non-employed and non-profit-making, capable and ready to take up full-time employment in a given profession or service or other gainful employment, or if he/she is a person disabled, capable and ready to take up employment at least half of this working time dimension not taught at school, except for learners at school for adults or joining an extrative exam in the curriculum of this school or at a higher school, where he is studying in a non-stationary studio, registered in suitable for the place of permanent or temporary residence of the office of work and seeking employment or other gainful employment, if:

(a) have been 18 years old,

(b) has not reached the retirement age referred to in Article 24 ust. 1a and 1b and in art. 27 ust. 2 and 3 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887, as late. zm.),

(c) there has been no entitlement to a pension or a pension for incapacity for work, a training pension, a social pension, a survivor's pension equal to half of the minimum wage for the work or after the employment, other gainful employment, the cessation of non-agricultural activities does not take the teacher compensation benefit, the retirement benefit, the preretirement benefit, the rehabilitation benefit, the sickness benefit, the maternity allowance, or allowance for maternity benefit,

(ca) has not acquired the right to a pension or invalidity pension granted by a foreign pension authority, equal to at least the lowest pension or invalidity pension referred to in the Act of the 17 December 1998 about pensions from the Social Insurance Fund,

(d) he is not the owner or holder of the spontaneous or dependent agricultural property, within the meaning of the provisions of the Act of 23 April 1964. -Civil Code (Dz. U. of 2017 items 459 and 933), with an agricultural area exceeding 2 hectares of conversion or not subject to old-age and pension insurance for permanent work as a spouse or household in an agricultural holding with a land area of agricultural land more than 2 ha,

(e) does not obtain income subject to income tax from special agricultural production departments, unless the income of the special agricultural production units, calculated for the establishment of the personal income tax, does not exceed the amount of average income from work on individual farms with 2 hectares of conversion fixed by the President of the Central Statistical Office on the basis of the rules on agricultural tax, or is not subject to pension and disability insurance on a permanent job as a spouse or a household in such a holding,

(f) has not submitted an application for entry into records of economic activities [ 1] either upon submission of an application for entry:

-reported records of economic activities the application for suspension of the operation of the business and the period of suspension has not yet expired, or

-the time period specified in the application for registration has not yet expired records of economic activities , the day of economic activity,

(g) is not a person temporarily arrested or imprisonment, with the exception of a custodial sentence held outside the criminal establishment of a system of electronic surveillance,

(h) does not receive a monthly income of more than half of the minimum wage for the work, excluding income earned by interest or other revenue from cash collected in bank accounts,

(i) does not levy on the basis of the provisions on social assistance for permanent benefit,

(j) does not levy, on the basis of the provisions on family benefits, the provision of nursing care, a special care allowance or a supplement to the family allowance for the single raising of the child and the loss of the right to unemployment benefit as a result of the the expiry of the statutory period of its collection,

(k) does not collect the training provision referred to in Article 3 after the establishment of the training provision. 70 par. 6,

(l) shall not be subject, on the basis of separate provisions, to social security obligations, with the exception of social insurance for farmers,

(m) does not levy on the basis of the provisions on the establishment and payment of the allowances to the guardians of the welfare allowance;

2a) (repealed)

3) unemployed up to 25 years of age-this means an unemployed person who until the date of application of the services or instruments of the labour market has not completed 25 years of age;

4) unemployed over 50 years of age-this means an unemployed person who, on the date of application of his/her services or instruments of the labour market, has completed at least 50 years of age;

5. jobless long-term unemployed-this means the unemployed person remaining in the register of the district labour office for a total period of more than 12 months in the last 2 years, excluding the periods of internship and professional preparation of adults;

6. an unemployed person without professional qualifications, which means an unemployed person who is not qualified for the pursuit of any profession certified by a diploma, certificate or other document entitling him to pursue the profession;

7) foreigner-this means a person who does not have Polish citizenship;

8) family member-this means:

a) a person remaining with a Polish citizen or a foreigner referred to in art. 1 (1) 3 point 2, in a marriage recognized by the law of the Republic of Poland,

(b) a descendent, a Polish citizen or a foreigner, aged up to 21 years or remaining on his/her dependant;

(9) an activation allowance-this means the amount paid to a person who, as an unemployed person who has the right to an allowance, has taken on his own or as a result of referral by the county labour office of employment or other gainful employment;

9a) professional experience-this means the experience gained in the course of employment, the pursuit of other gainful employment or the pursuit of an economic activity for a period of at least 6 months;

9aa) animation activities-this means a package of measures aimed at taking up and maintaining an unemployed person's work or business;

9b) EURES-this shall mean the European employment services of the States referred to in Article 3. 1 (1) 3 point 2 (a) a-c, implementing activities involving, in particular, the intermediation of the work together with advice on labour market mobility;

10) (repealed)

10a) an individual action plan-this means an action plan covering core labour market services supported by labour market instruments for the employment of unemployed or job-seekers;

11) other gainful employment-this means performing work or the provision of services on the basis of civil-law contracts, including agency contract, contract of order, contract of work or during the period of membership of the agricultural production cooperative, cooperative machinery rings agricultural or cooperatives of agricultural services;

12) cost of training-this means:

(a) the pre-agreed membership of the training institution,

(b) the cost of accident insurance in the case of persons who do not have a grant right to a scholarship and persons with a right to a scholarship referred to in Article 3. 41 par. 3b,

(c) the cost of the journey and, where the training is carried out in a place other than the place of residence, also the costs of accommodation and meals,

(d) the costs of medical and psychological tests required by the separate provisions,

(e) the costs of examinations enabling the obtaining of certificates, diplomas, certificates, certain professional powers or professional titles, and the costs of obtaining the licences necessary for the pursuit of the profession concerned;

12a) the minimum wage for the work-this means the amount of the minimum wage for the work of employees entitled to work in full monthly working time, which is announced on the basis of the Act of 10 October 2002. with a minimum wage for work (Dz. U. of 2017 items 847);

13) illegal employment or illegal employment of other gainful employment-this means:

(a) the employment by the employer of the person without confirmation in writing within the required period of the type of contract concluded and its conditions,

(b) the non-declaration of a person employed or engaged in other gainful employment for social security,

(c) taking up unemployed employment, other gainful employment or activities without notification of that competent district labour office;

(d) (repealed)

(e) (repealed)

(f) (repealed)

14) illegal performance of work by a foreigner-this means doing work by a foreigner who is not entitled to perform work within the meaning of art. 87 (1) 1 or does not have a work permit, without being exempted by special provisions from the obligation to have a work permit, or whose basis of stay does not entitles you to perform work, or who performs work on other terms or conditions any post other than those specified in the permit to work, subject to Article 88f ust. 1a-1c, or who performs work on other terms or in a position other than those specified in the temporary residence permit referred to in art. 114, art. 126, art. 127 or Art. 142 (1) 3, subject to Article 119 and art. 135 par. 3 of the Act of 12 December 2013. o foreigners;

15) (repealed)

16) appropriate work-this means employment or other gainful employment which is subject to social insurance and for which the unemployed has sufficient qualifications or professional experience or may be carried out after prior training or professional preparation of adults, and the state of health allows him to perform them and the total time of commuting to the workplace and to the return of collective means of transport does not exceed 3 hours, for the execution of which he reaches a monthly salary Gross, at least at least the minimum wage for work on the basis of full working time;

16a) offer of work-this means free from requirements violating the principle of equal treatment in employment, within the meaning of labour law provisions, notification by the employer to the district labour office of at least one free place of employment or other gainful employment in a specific profession or speciality in order to obtain assistance in finding the relevant worker;

17) employment bodies-this means the Minister responsible for the work and the voivodship, marshal of the voivodships and starostes;

18) non-governmental organisation-means other entities of the public finance sector within the meaning of the provisions on public finance and not operating in order to achieve the profit of a legal person or an entity without legal personality, created on the provisions of the laws, including foundations and associations, with the exception of political parties and foundations set up by them;

(19) a single person raising children, which means a single person who has raised at least one child within the meaning of the personal income tax legislation;

20) to the cooperating person, this means the person who is cooperating with non-agricultural persons who are active in the field of activity and who are members of the social security scheme;

21) a subsidiary-means a person requiring, on the basis of his/her state of health or the age of permanent care, combined family ties or an affinity with a person covered by the services or instruments of the labour market or staying with it on a joint holding domestic use;

21a) EURES cross-border partnership means the activities of the EURES network in the border regions of the Republic of Poland, carried out by the employment services and other entities from the States referred to in art. 1 (1) 3 point 2 (a) a-c, authorised to carry out the activities of the EURES network;

21b) of the entity entrusting work by a foreigner-this means an organizational unit, even if it does not have a legal personality or a natural person who, on the basis of a contract or other legal relationship, entrusts the performance of the work foreigner;

22) looking for a job-this means the person referred to in art. 1 (1) 3 points 1-3, or a foreigner-family member of a Polish citizen, seeking employment, other gainful employment or any other form of assistance specified in the law, registered at the district labour office;

22a) entrusting a foreigner with illegal work-means entrusting the performance of a work to a foreigner who is not entitled to perform work within the meaning of art. 87 (1) 1 or does not have a work permit, without being exempted by special provisions from the obligation to have a work permit, or whose basis of stay does not entitles you to perform work, or who performs work on other terms or conditions any post other than those specified in the permit to work, subject to Article 88f ust. 1a-1c, or who performs work on other terms or in a position other than those specified in the temporary residence permit referred to in art. 114, art. 126, art. 127 or Art. 142 (1) 3, subject to Article 119 and art. 135 par. 3 of the Act of 12 December 2013. o foreigners, or without the conclusion of a contract of employment or civil law contract in the required form;

23) non-agricultural activities-this means non-agricultural activities within the meaning of the social security scheme;

23a) socially useful works-this means the work carried out by the unemployed without the right to benefit as a result of the referral by the starostia, organised by the municipality in the organizational units of social assistance, organizations or institutions the statutory services for charitable assistance or for the benefit of the local community;

24) revenue-this means income on a different basis than employment, other gainful employment, economic activity, allowance or other benefit paid from the Labour Fund, subject to tax on the basis of the provisions on income tax on persons physical;

25) employers-this means an organisational unit, even if they have no legal personality, and a natural person, if they employ at least one employee;

26) intervention works-this means employment of the unemployed person by the employer, which has been the result of a contract concluded with the apprand, and is intended to support the unemployed;

26a) projects co-financed by the European Social Fund-this means projects carried out by the district labour offices on the basis of a contract concluded between the province's management and the minister competent for regional development, pre-financed entirely from the resources of the Labour Fund for the financial year for the implementation by the district authorities of the programmes for the promotion of employment, the mitigation of the effects of unemployment and of professional activation;

27) training loan-this means a loan from the Labour Fund to finance the training costs undertaken without the referral of the district labour office for this training;

27a) the practical learning of the profession of adults-this means the form of professional preparation of adults enabling the acquisition of:

(a) certificates of audacity,

(b) certificates confirming qualifications in the profession,

(c) a diploma confirming professional qualifications following the sentence of examinations confirming all qualifications extracted in a given profession by persons having:

-professional education, or

-an examination of the externatal examination within the scope of the requirements laid down by the curriculum general education for an elementary vocational school, or

-secondary education;

27b) special programmes-this means a team of measures aimed at adapting to or acquiring new qualifications and professional skills and to support threatened decommissioning or existing and created jobs;

27c) pilot projects-this means projects initiated and implemented by public employment services alone or in cooperation with other labour market institutions, involving the implementation of new methods, tools and methods of assistance. unemployed, job-seekers or employers in order to prepare systemic solutions;

28) of the average remuneration-this means the average salary in the previous quarter, from the first day of the next month following the announcement by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski", based on art. 20 point 2 of the Act of 17 December 1998. with pensions from the Social Insurance Fund;

29) the reasons for the work plant-this means:

a) termination of employment or business relationship on the causes of non-employees, in accordance with the provisions of specific rules of resolution with employees of labour relations on the grounds of non-employees or in accordance with the provisions of the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666, 2138 and 2255 and of 2017 items 60 and 962), in the case of termination of the employment relationship or the business relationship for these reasons by an employer employing fewer than 20 employees,

(b) termination of the employment or service relationship due to the announcement of the employer's bankruptcy, its liquidation or liquidation of the position of work on economic, organisational, production or technological grounds,

(c) the termination of the employment relationship or the business relationship in the event of the death of the employer or where the separate provisions provide for the termination of the employment or service relationship as a result of the passage of the establishment or part thereof to another employer and the failure of this employer to propose new working conditions and pay,

(d) termination of the employment relationship by an employee pursuant to Article 55 § 1 1 the Act of 26 June 1974. -Labour Code, in view of the serious breach of the basic obligations of the staff member;

29a) professional preparation of adults-this means an instrument of animation in the form of practical instruction of the profession of adults or the apprentice to the work of adults, carried out without establishing the employment relationship with the employer, according to the programme comprising the acquisition practical skills and theoretical knowledge, completed by an examination;

29b) to be used for adult work-this means a form of professional preparation for adults, which allows the acquisition of selected professional skills or qualifications attested by a certificate or certificate;

30) (repealed)

31) (repealed)

32) public works-this means employment of the unemployed in the period of not more than 12 months in the execution of the work organised by the counties-excluding work organised in the employment offices-municipalities, non-governmental organisations dealing with environmental, culture, education, physical culture and tourism, health care, unemployment and social assistance, as well as water companies and their associations, where the work is financed or co-financed by the self-government territorial, state budget, special-purpose funds, non-governmental organisations, water companies and their compounds;

33) (repealed)

34) internship-this means the acquisition by the unemployed of practical skills to perform work by performing tasks in the workplace without establishing a employment relationship with the employer;

(35) scholarship-this means the amount paid from the unemployed or other eligible person during the period of training, professional preparation of adults, postgraduate studies, internship, and in the course of secondary education or in the course of a period of study in the secondary school high school, where he is studying in the form of non-stationary studies;

36) old-age-it means the state of the district or the president of the city on the rights of the district, which is under the authority of the district labour office;

36a) specific elements in support of employment-this means financing from the Labour Fund of rational expenditure other than services and labour market instruments, necessary for the implementation of activities tailored to the individual needs of the participants a special programme, adequate to the local labour market conditions;

37) training-this means out-of-school activities aimed at obtaining, supplementing or improving the professional or general skills and qualifications needed for the performance of the work, including the skills to seek employment;

(38) social security contributions-this means contributions to pension, disability and accident insurance, financed by the payer's own funds of these contributions;

39) (repealed)

40) performing work by a foreigner-this means employment, execution of other gainful employment or performing functions in the boards of legal persons who have obtained an entry in the register of entrepreneurs on the basis of the provisions of the National Court Register or they are capital companies in the organisation;

41) benefits-this means unemployment benefit;

42) (repealed)

43) employment-this means performing work on the basis of employment relationship, business relationship and contract of work overlays;

43a) the work permit-this means the decision of the competent authority, entitling the foreigner to perform work on the territory of the Republic of Poland under the conditions laid down in the Act and in this decision;

44) of the exemption to be monitored-this means the termination of the employment or service relationship on grounds relating to the establishment of work for which labour market services are provided for workers who are at the termination of the employment relationship or a business relationship and at risk of dismisation;

45) soldiers of the reserve-this means persons who are exempt from the professional military service of the Armed Forces of the Republic of Poland, with the status of reserve soldier being entitled for a period of 36 months from the date of dismissal of the soldier from the professional military service.

2. Does not constitute an obstacle to the acquisition and possession of the unemployed:

1) the execution of the benefits of the volunteer work on the basis of the rules on the activities of the public benefit and of the voluntary service, if the volunteer provides an agreement with the competent district office with the the beneficiary;

2) holding the practice of graduation on the principles laid down in the Act of 17 July 2009. with graduation practitioners (Dz. U. Entry 1052 and from 2017 items 60), if the apprentice presents a contract for the practice of the graduate to the competent district office.

3. Costs of medical or psychological tests aimed at:

1) declaring the unemployed person's ability to perform work, to participate in the training or preparation of an adult professional, to have an internship, to perform socially useful work,

2) determination of the specific psychophysical predisposition required for the pursuit of the profession

-carried out at the request of the district labour office, shall be financed by the Labour Fund.

Art 2a. [ Rules protected by the provisions of the Act] The provisions of the Act protect the observance of the principle of equal treatment in access to and use of labour market services and labour market instruments irrespective of gender, race, ethnicity, nationality, religion, religion, worldview, disability, age or sexual orientation.

Article 2b. [ Application of the provisions of another law] The provisions of the Act of 3 December 2010 shall apply to proceedings for infringement of the principle of equal treatment. to implement certain provisions of the European Union in the field of equal treatment (Dz. U. of 2016 r. items 1219).

Chapter 2

Labour market policy

Article 3. [ National Action Plan for Employment] 1. State tasks in the field of promotion of employment, mitigation of the effects of unemployment and professional activation shall be implemented on the basis of the Council of Ministers adopted by the Council of Ministers of the National Action Plan for Employment, which contains the principles of implementation The European Employment Strategy, hereinafter referred to as the 'National Action Plan', and on the basis of the initiative of the local government, the county, the voivodship and the social partners.

2. The draft National Action Plan prepares the minister responsible for working with the participation in particular: Minister responsible for economic affairs, minister competent for education and education, minister competent for education the Minister responsible for the development of the village and the Minister responsible for regional development.

3. The National Action Plan shall specify in particular:

1) objectives and lines of action in line with the state policy priorities in the field of labour market;

2. the envisaged amount of financial resources, including the Labour Fund and the State budget, for the financing of the activities resulting from the National Action Plan;

3) indicators of efficiency of the National Action Plan.

4. The state of the voivodship on the basis of the National Action Plan, taking into account the development strategies of the voivodship, including in the area of social policy, referred to in the regulations on the self-government of the voivodship and the provisions on social assistance, prepares annually Regional Action Plan for Employment, which identifies the priority groups of the unemployed and persons requiring support, after consulting the counties of the voivodship and the provincial council of social dialogue referred to in the Act, 24 July 2015 about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240), hereinafter referred to as the "Social Dialogue Council Act".

5. The Council of Ministers, within the framework of the National Action Plan, may adopt government programmes for the promotion of employment and prevention of unemployment, with a view to activation of the labour of unemployed persons.

6. (repealed)

Article 4. [ Measures for the implementation of labour market tasks] 1. The Minister of the competent labour affairs shall carry out the tasks for the labour market by:

1) preparing and coordinating the implementation of the National Action Plan;

2. the coordination of public employment services, in particular by:

(a) carrying out tasks resulting from the function of the authorising officer of the Labour Fund

(b) identifying instruments to stimulate the development of lifelong learning as education in adult education, as well as obtaining and complementing general knowledge, skills and professional qualifications in relation to the unemployed, job seekers, workers and employers,

(c) creating, recommending and disseminating tools, methods and information resources for the purposes of professional counselling, placement, training organisation, professional preparation of adults or other forms of assistance specified in the Act,

(d) carrying out tasks resulting from the free movement of workers between the States referred to in Article 1 (1) 3 point 2 (a) a-c, in particular, activities resulting from participation in the EURES network, including the coordination of the EURES network in the Republic of Poland, through the provision of accreditation for the placement of the work of the EURES network, hereinafter referred to as 'the accreditation', the preparation, approval, monitoring and evaluation of the implementation of the EURES network action plans and their implementation reports, as well as the coordination of EURES cross-border partnerships within the territory of those partnerships,

(e) representing public employment services vis-o-vis public employment services of other countries,

(f) the implementation of the provisions and coordination of activities resulting from international agreements and other agreements concluded with foreign partners in the field of movement of workers,

(g) the dissemination of good practices for the outsourcing of activation measures referred to in Article 4 (2). 66d;

3) (repealed)

4) ensuring the uniformity of the application of the law, in particular by providing explanations concerning application of the provisions of the Act;

5) drawing up and submitting to the Council of Ministers, periodic reports on the implementation of the National Action Plan;

6) planning and implementing in cooperation with the Minister responsible for the development of regional employment promotion tasks, including countering unemployment, alleviating the effects of unemployment and professional activation of unemployed persons, by the labour market institutions resulting from operational programmes co-financed by the European Social Fund, in the field of competence of the Minister responsible for the work of the European Social Fund;

7) striving to achieve a high level and development of human resources, in particular by:

(a) conducting research and analysis of the labour market and disseminating the results thereof, including conducting an annual analysis on the evaluation of the functioning of the work offices in order to improve the efficiency of their operations,

(b) the establishment of the classification of professions and specialties for the labour market,

(c) to coordinate the development and recommendation of professional qualification standards for professions in the classification of professions and specialties,

(d) coordinating the development and recommending of modular vocational training programmes for the needs of the labour market,

(e) operating and making available online databases in the field of labour market, in particular concerning job offers, training institutions, classification of professions and specialties, standards of professional qualifications, modular training programmes professional,

(f) initiation, implementation and coordination of pilot projects,

(g) dissemination of information on the possibilities and range of assistance provided for in the Act and of the assistance provided by the public employment services,

(h) the implementation of the tasks related to the National Training Fund referred to in Article 3 (2) of the Treaty on European Union. 69a par. 1, hereinafter referred to as the 'KFS', and in particular the establishment, in consultation with the Labour Market Council, of the priorities, the template for the allocation of KFS resources and the plan for their expenditure,

(i) deciding on the priorities for spending the funds from the KFS reserve or the allocation of the reserve of the KFS, where the Labour Market Council does not set these priorities or decides not to use the KFS reserve by 30 June the year concerned;

7a) the monitoring, analysis and promotion of equal treatment of persons referred to in art. 1 (1) 3 point 2 (a) a and b, enjoying the right to free movement of workers, and members of their families in the field referred to in art. 1-10 of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011. on the free movement of workers within the Union (Dz. Urz. EU L 141 of 27.05.2011, str. 1., in particular by:

(a) the outsourcing of independent surveys and analyses and the publication of independent reports and recommendations on unjustified restrictions and obstacles to the right to free movement of workers and their discrimination,

(b) initiating and monitoring actions aimed at countering unjustified restrictions and obstacles to the right of free movement of workers and their discrimination,

c) publication of information about the provisions concerning the free movement of workers and their application in the territory of the Republic of Poland,

(d) the function of the contact point for the corresponding contact points in other Member States with a view to cooperating and exchanging information on the free movement of workers;

(8) the introduction and development of ICT systems in public employment services ensuring a coherent system of labour market support and the operation and provision of online job vacancies.

1 1 The Minister responsible for the work shall publish annually on the website of the Office serving the Minister:

1) a catalogue of basic forms of professional activation, understood as services and labour market instruments financed from the resources of the Labour Fund, for which in a given year there will be certain indicators referred to in point 2 lit. b and c;

2) information, obtained on the basis of statistical surveys conducted jointly by the Minister of the competent for the work and the President of the Central Statistical Office in accordance with the regulations on public statistics, o:

(a) the expenditure of the Labour Fund for the financing by the district authorities of basic forms of professional activation,

(b) the indicators of employment efficiency of basic forms of professional activation, understood as a percentage of the number of persons who, during or after the end of the participation in basic forms of professional activation, have been shown to be employed, in relation to the number of persons who have completed their participation in the basic forms of professional activation,

c) indicators of the cost-effectiveness of basic forms of professional activation, understood as the ratio of the amount of expenditure of the Labour Fund incurred by the district authorities to finance basic forms of professional activation to the number of persons who, in the during or after the end of the participation in the basic forms of professional activation have been shown to be employed;

3) other studies presenting the effects of the work of the work offices in the current situation on the labour market.

1a. The Minister responsible for Social Security shall carry out the tasks of coordinating the social security systems of the States referred to in Article 3. 1 (1) 3 point 2 (a) a-c, in the field of unemployment benefits, in particular by:

1) the performance of the function of the liaison body;

2. keeping the contact point referred to in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009. on the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems (Dz. Urz. EU L 284, 30.10.2009, p. 1, from late. zm.), used for the exchange of data within the System of Electronic Exchange of Information on Social Security in the field of unemployment benefits.

1b. The Minister responsible for Social Security may process personal data, if this is necessary for the conduct of the contact point referred to in paragraph. Article 2 (2), including the exercise of the rights or obligations arising from the provisions on the coordination of social security systems.

2. The Minister of competent employment, in agreement with the Minister responsible for computerisation, shall determine, by means of a regulation:

1) how to proceed in terms of announcing the description of minimum requirements for the IT system or software used in public employment services containing the structure, required minimum functionality, standardizing requirements in the field of safety, efficiency and development of the system and the scope of communication between elements of the system structure, including a statement of structures of electronic documents, data formats and communication and encryption protocols, referred to in art. 13 (1) 2 point 2 (a) and the Act of 17 February 2005. information on the activities of entities carrying out public tasks (Dz. U. of 2017 items 570),

2) how to proceed in terms of determining software compliance with the description of minimum requirements and announcing the date of adaptation of the software,

3) how to proceed in announcing the description of requirements specifying the minimum scope of information about the labour market made available by the public employment services and the standards applicable to the presentation of this information on the pages online public employment services

-with a view to ensuring the consistency of the ICT systems used in public employment services, in particular as regards the homogeneity of the scope and type of data which will enable them to be merged into a central set, as well as the behaviour of the compliance with the minimum requirements and the manner of determining the compliance of the software, as determined by the Act of 17 February 2005. o computerisation of the activities of public entities.

3. Public employment services use software that complies with the requirements laid down by the Minister responsible for working in the regulations issued on the basis of the paragraph. 2.

4. The minister responsible for labour may create central registers containing data on the labour market, labour market institutions, projects, assistance and benefits, as well as data concerning job seekers, unemployed, employers and offers work, collected by the public employment services on the basis of the provisions of the Act, and may process this data on the principles set out in the provisions on personal data protection.

5. Public employment services shall transmit the data to the central registers established on the basis of the paragraph. 4 and may make use of them to the extent necessary to carry out the tasks specified in the Act, using the software referred to in the mouth. 3, or the tools referred to in art. 4 par. 1 point 2 (a) c.

6. Data from the register created on the basis of the paragraph. 4 may be made available in accordance and in accordance with the rules laid down in the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks to other entities carrying out public tasks on the basis of separate regulations or as a result of entrusting or order by a public entity, to the extent necessary to implement these tasks. Access to personal data shall be supervised and registered in accordance with the provisions on the protection of personal data.

7. The Minister of competent employment in agreement with the Minister responsible for internal affairs:

1) determines-on the basis of the risk assessment of entrusting the performance of work to foreigners staying without a valid document entitling to stay on the territory of the Republic of Poland-the sectors of activity at the section level, according to the Polish Classification Activities (PKD), with particular intensity of entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland;

2. prepares-on the basis of the information provided by the Border Guard and the State Labour Inspectorate-and submits to the European Commission:

a) every year, until 30 June-information on the number of inspections carried out in the previous year in order to entrust the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland and the percentage of the entities entrusting the performance of the work to those foreigners in each of the sectors referred to in point 1,

b) every three years-reports on the implementation of the Act determining the effects of entrusting the work of work to foreigners residing against the provisions on the territory of the Republic of Poland.

8. The Minister shall be responsible for the following: construction, spatial and housing economy [ 2] The European Economic and Social Security Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social Council, the European Economic and Social 7, when assessing the risk and determining the sectors of activity of particular intensity of entrusting the performance of work to foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland.

Article 5. [ Co-ordinator of Public Employment Services] The Minister responsible for labour shall act as coordinator of the public employment services.

Chapter 3

Labour market institutions

Article 6. [ The institutions carrying out the tasks defined in the Act] 1. The institutions of the labour market carrying out the tasks defined in the Act are:

1. public employment services;

2) Militia Hufce Labour;

3. employment agencies;

4) training institutions;

5) institutions of social dialogue;

6. local partnership institutions.

2. Public employment services form the employment authorities with district and provincial labour offices, the office serving the minister responsible for labour affairs and provincial offices, implementing the tasks defined by the Act.

3. Volunteer Hufc Labour are a state specialised unit in the activities of youth, especially young people at risk of social exclusion, and unemployed persons up to 25 years of age.

4. The employment agencies are the entities entered in the register of entities operating agencies, providing employment services, placement services abroad in foreign employers, professional counselling, advisory services personal or temporary work.

5. Training institutions shall be public and non-public entities operating on the basis of separate provisions of extracurental education.

6. The institutions of social dialogue in the labour market are:

1) trade unions or trade union organizations,

2) employers ' organisations,

3) the organizations of the unemployed,

(4) non-governmental organisations

-if the statutory tasks include the implementation of tasks in the field of employment promotion, the mitigation of the effects of unemployment and the activation of professional activities.

7. The Institute of Local Partnership is a group of institutions implementing on the basis of a contract of ventures and projects for the labour market.

8. (repealed)

9. Public employment services shall cooperate with the Head of the National Criminal Information Centre to the extent necessary for the implementation of its statutory tasks.

Article 7. (repealed)

Chapter 4

Public employment services

Article 8. [ Provincial Government tasks in the field of labour market policy] 1. The tasks of the voivodship in the field of labour market policy shall be:

1. identifying and coordinating regional labour market policies and the development of human resources with regard to national labour market policies through the preparation and implementation of the regional employment action plan;

2. a breakdown of the resources of the Labour Fund, taking into account the directions and priorities set out in the Regional Action Plan for Employment, for the promotion of employment promotion, the development of human resources and the activation of the unemployed;

2a) the implementation of the tasks related to the KFS, in particular the breakdown of KFS resources between the district labour offices, taking into account the priorities identified by the Minister responsible for the labour affairs, in consultation with the Labour Market Council;

3. the development of research and analysis of the labour market, including the monitoring of deficit and surplus jobs and the examination of work needs in order to improve the efficiency of the measures to be carried out for growth and promotion of employment;

4) cooperation with the voivodship of the labour market council in defining and implementing regional labour market policies and human resources development;

5) (repealed)

6. programming and carrying out the tasks carried out in the co-financing of the European Social Fund by:

(a) (repealed)

(b) the performance of the tasks resulting from the programmes referred to in the provisions of the National Development Plan, the rules on the conduct of development policy or the rules on the implementation of the programmes for the cohesion policy financed by the financial perspective 2014-2020,

(c) the initiation and implementation of studies and analyses used in the activities carried out by the employment offices;

6a) the coordination on the territory of the voivodship of professional activation programmes financed from the reserve of the Labour Fund staying at the disposal of the minister competent for labour affairs;

6b) initiating and implementing pilot projects;

7) initiating and implementing projects aimed at resolving or mitigating the problems associated with the planned redundancies of the workers ' groups on grounds relating to the establishment of the work;

7a) the initiation of regional programmes and their implementation, in consultation with the district labour offices;

7b) commissioning of activisation activities;

8. carrying out the tasks resulting from the coordination of the social security systems of the States referred to in art. 1 (1) 3 point 2 (a) a-c, and the countries with which the Republic of Poland has concluded bilateral international agreements on social security, in terms of unemployment benefits, in particular:

(a) the function of the competent institution,

(b) receiving and examining applications for the unemployed for the issue of relevant documents in the matters of unemployment benefits,

(c) the issuing of decisions in the cases referred to in Article 8a;

9. carrying out the tasks resulting from the right of free movement of workers between the states referred to in art. 1 (1) 3 point 2 (a) a-c, in particular by:

(a) the promotion and implementation of the activities of the EURES network, including the coordination of the implementation of these activities by the labour offices in the voivodship, in cooperation with the Minister responsible for the work, the district authorities and other entities entitled to implementing the activities of the EURES network,

(b) carrying out tasks relating to the participation of EURES cross-border partnerships, in the field of the activities of those partnerships;

10) realization of tasks related to the international flow of employees, resulting from separate regulations, international agreements and other agreements concluded with foreign partners;

11) the provision of professional counselling and its coordination in public employment services on the territory of the voivodship;

12) developing, collecting, updating and disseminating professional information on the territory of the voivodship;

12a) cooperation with the Minister responsible for working on the development, collection and updating of professional information of a nationwide nature;

13) cooperation on the territory of the voivodship with the district labour offices in the field of training organisation, professional preparation of adults and internships, in particular by:

a) study of demand for qualifications and professional skills in the voivodship labour market and dissemination of the results of these studies,

(b) keeping a register of training establishments and analyses of their training offer and making available information on that offer,

(c) to support the methodological activities of the district labour offices in the organisation of trainings, professional preparation of adults and trainees,

(d) carrying out analyses of the effectiveness of the impact on the labour market of training, professional preparation of adults and trainees and the dissemination of the results of those

(e) carrying out social dialogue in the field of employment and lifelong learning policy,

(f) popularization of the idea of lifelong learning and the dissemination of good practice in the organisation of training, vocational preparation of adults and trainees;

14) organizing, conducting and financing training of the employees of the voivodship and district labour offices;

15) the annual determination and publication in the voivodship of the official journal, by the deadline of 30 April, after consulting the voivodship council of the labour market, on the basis of the classification of professions and specialties for the labour market referred to in art. 4 par. Article 1 (1) (b) and the classification of vocational education professions as laid down in the provisions on education system, list of professions in which the professional preparation of juvenile workers may be carried out on the basis of the refund referred to in Article 1 (1). 12 (1) 6, taking into account the need for qualifications and skills in the labour market;

16) cooperate with the relevant educational bodies, schools and schools higher in harmonising vocational education and training with the needs of the labour market;

16a) cooperation with universities in support of students, graduates and doctoral students of higher education institutions in the entry into the labour market;

17. keeping a register of employment agencies and issuing certificates of entry in the register of employment agencies;

17a) processing of information about unemployed and jobseekers benefiting from the assistance specified in the Act;

18. cooperation with the Minister responsible for work on the establishment of central registers on the basis of art. 4 par. 4;

(19) provide information on the possibilities and scope of the aid as laid down in the Act and provided by the public employment services.

1a. Pilot projects referred to in paragraph 1. 1 point 6b, may be carried out at the request of the Marshal of the voivodship after submission of information characterizing the pilot project of the Minister competent for the work and obtaining his consent for the implementation of the pilot project.

1b. At the request of the Marshal of the voivodship, the minister responsible for labour may grant to the implementation of the pilot project funds from the reserve of the authorising officer of the Labour Fund.

1c. Information about unemployed and jobseekers is made available to public employment services or other entities carrying out tasks on the basis of a law or separate regulations, or as a result of entrusting or order by a public entity, in the extent necessary for the proper execution of those tasks.

1d. The information referred to in paragraph 1. 1c, shall be made available in accordance and in accordance with the rules laid down in the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks, on the basis of a request made in particular in the form of an electronic document or with the use of information and communication systems, if the voivodship office and entities, o referred to in paragraph 1: 1c, the following cumulative conditions shall be met:

1) have the ability to identify a person obtaining information in the system and the scope, date and purpose of obtaining them;

2) have safeguards to prevent the use of information not in accordance with the purpose of obtaining them;

3) ensure that access to personal data is supervised and registered in accordance with the provisions on the protection of personal data.

2. In administrative proceedings in the cases referred to in paragraph. 1 point 8 (a) b and c, a higher degree body is the minister responsible for social security matters.

2a. The self-government of the voivodship lists data on unemployment benefits under the Electronic Exchange System of Information on Social Security as referred to in Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 concerning the implementation of Regulation (EC) No 883/2004 on the coordination of social security systems, through the contact point referred to in Article 4 par. 1a point 2.

2b. The property of the local marshal of the voivodship shall not be changed in the case of change by the unemployed place of residence before the completion of the administrative proceedings concerning the matters referred to in the paragraph. 1 point 8 (c), and not to be registered in the district labour office competent for the new place of residence.

3. The tasks referred to in paragraph. 1, shall be carried out by the voivodship office being the organizational unit of the self-government of the voivodship

4. (repealed)

5. Marshal of the voivodship may, in writing, authorize the director of the voivodship office or at his request of other employees of this office to settle on behalf of the Marshal of the voivodship cases, including the issuance of decisions and provisions in the mode rules on administrative proceedings. In terms of tasks resulting from programmes co-financed from the Labour Fund on behalf of the Marshal of the Voivodship, the task shall be performed by the Director of the voivodship

6. Marshal of the voivodship appoints the director of the voivodship of the office of the office of the exiled by the competition from among those with a higher education and at least 3 years of work in public employment services or at least 5 years of seniority in other institutions of the labour market. Marshal of the voivodship cancels the Director of the Voivodship Labour Office after obtaining the opinion of the voivodship council The opinion of the voivodship council of the labour market is not required in the cases referred to in art. 52 and art. 53 of the Act of 26 June 1974. -the Labour Code, and in the case of dismising the Director of the Provincial Labour Office at his request.

7. Deputy Director of the Voivodship Labour Office appoints and dismiss the director of the voivodship office.

8. In the framework of the voivodship, there is at least one information centre and career planning, which is a specialized organization cell, which in particular:

1) supports district labour offices in the conduct of professional guidance through the provision of specialized services in the field of career planning for unemployed and job-seekers, including the provision of guidance service at a distance from the use of ICTs;

2) in cooperation with the district labour offices develops, updates and disseminates professional information, in particular in the district labour offices on the territory of the voivodship;

2a) in cooperation with academic career offices develops, updates and disseminates professional information, in particular in academic offices of careers and district labour offices on the territory of the voivodship;

3) (repealed)

4) (repealed)

5) (repealed)

6) (repealed)

7) provide professional guidance to employers and their employees, assisting the district labour offices in this regard;

8. provide information on the possibilities and extent of the assistance provided by the employment offices;

9. in consultation with the Minister responsible for Labour, develops and updates professional information and other information resources to assist in the active search for work of a nationwide nature;

10) pursues activities of a methodological and training nature in the field of labour market services for the employees of the voivodship and the district labour offices.

8a. The creation or liquidation of the information centre and career planning requires a positive opinion of the voivodship council of the labour market.

9. The Sejmik of the voivodship shall at least once a year evaluate the situation on the labour market and the implementation of tasks in the field of labour market policy.

Art. 8a. [ The decision to grant or refuse to grant the right to unemployment benefit] 1. In matters concerning the coordination of the social security systems of the States referred to in Article 1 (1) 3 point 2 (a) a-c, and countries with which the Republic of Poland has concluded bilateral international agreements on social security, in terms of benefits for the unemployed, the marshal of the voivodship resolves, by decision, subject to art. 9d, whether to grant or refuse entitlement to unemployment benefit if the period of insurance, employment or self-employment is met by an unemployed person in another Member State of the European Union, the State referred to in Article 3 (1) of the Treaty on the Functioning of the European Union. 1 (1) 3 point 2 (a) b and c, or the country with which the Republic of Poland has concluded a bilateral international agreement on social security, in terms of unemployment benefits, has an impact on the acquisition, the amount or the period of the allowance, referred to in art. 73 (1) 1 point 2 (a) b.

2. In matters concerning the coordination of the social security systems of the States referred to in Article 1 (1) 3 point 2 (a) a-c, in the field of unemployment benefits, the voivodeship marshal states the retention of the right to unemployment benefit acquired in the Republic of Poland by an unemployed person going to another Member State of the European Union or a state specified in art. 1 (1) 3 point 2 (a) b and c, by means of a document, as defined by the European Union law.

3. In matters relating to the coordination of the social security systems of the States referred to in Article 3. 1 (1) 3 point 2 (a) a-c, in the field of unemployment benefits, the marshal of the voivodship resolves, by decision, to refuse to claim the right to unemployment benefit acquired in the Republic of Poland by an unemployed person acting to another country a Member State of the European Union or the Member State concerned. 1 (1) 3 point 2 (a) b and c.

4. The Marshal of the voivodship resolves, by decision, in other matters concerning the coordination of social security systems of the states referred to in art. 1 (1) 3 point 2 (a) a-c, and countries with which the Republic of Poland has concluded bilateral international agreements on social security, in the field of unemployment benefits, if the legal basis for the decision is a provision of European Union law or a provision bilateral international agreement on social security, in the field of unemployment benefits.

Article 9. [ Self-government tasks in the field of labour market policy] 1. The tasks of the district government in the field of labour market policy shall be:

1) the development and implementation of the employment promotion programme and the activation of the local labour market, which forms part of the district strategy for tackling the social problems referred to in the separate provisions;

2) the acquisition and management of financial resources for the implementation of tasks in the field of activation of the local labour market;

2a) to provide information on the possibilities and scope of assistance specified in the Act;

3. to provide assistance to the unemployed and jobseekers in finding work through work placement and vocational guidance;

(3a) provide assistance to employers in the recruitment of workers through work placement and vocational guidance;

3b) directing the unemployed to the realiser of the activation activities, to which the Marshal of the voivodship commissioned the implementation of activation activities;

3c) the implementation of tasks related to the KFS, in particular the provision of assistance to employers through the financing of continuing education of employees and the employer;

4) registering unemployed and jobseekers;

(4a) the establishment of aid profiles for the unemployed;

5) (repealed)

6) initiating, organizing and financing labour market services and instruments;

7) (repealed)

8) (repealed)

8a) initiating, organising and financing training and professional preparation of adults;

9. developing research, analysis and reporting, including monitoring of deficit and surplus jobs, and carrying out labour market assessments for the counties of the labour market and of the employment bodies;

10) initiate and implement projects aimed at resolving or mitigating the problems associated with the planned redundancies of the workers ' groups on grounds relating to the establishment of the work;

11) cooperate with the district labour market councils in the promotion of employment and the use of the resources of the Labour Fund;

12) cooperation with municipalities in the dissemination of job offers and information on the services of vocational guidance, trainings, professional preparation of adults, internships, public works organizations and socially useful work, implementation of the Programme Activation and Integration as referred to in art. 62a, as well as social employment on the basis of social employment regulations;

12a) cooperation with the voivodship offices in the provision of basic services of the labour market, including in the development and updating of professional information;

(13) the granting and payment of allowances and other unemployment benefits;

14. to issue a decision on:

(a) the recognition or refusal of the person concerned to be unemployed and the loss of the status of the unemployed person,

(b) the grant, refusal, suspension or resumption of payment and loss or deprivation of the right to an allowance, a scholarship and other benefits financed by the Labour Fund not resulting from the contracts concluded,

(c) the obligation to reimburse unduly levied allowance, scholarship, other unpaid benefits or the costs of training and professional preparation of adults financed by the Labour Fund,

(d) postponement of repayment, distribution into instalments or remission of part or all of the unduly collected benefit from the Labour Fund, reimbursement claims or one-off measures referred to in Article 3 (1) of Regulation (EC) No EC, 46, and other benefits financed by the Labour Fund referred to in Art. 76 (1) 7a;

15. carrying out the tasks resulting from the coordination of the social security systems of the States referred to in Article 1 (1) 3 point 2 (a) a-c, and the countries with which the Republic of Poland has concluded bilateral international agreements on social security, in terms of unemployment benefits, including the implementation of the decisions referred to in art. 8a;

16. carrying out the tasks resulting from the free movement of workers between the countries referred to in art. 1 (1) 3 point 2 (a) a-c, in particular by:

(a) the implementation of the activities of the EURES network in cooperation with the Minister responsible for the work, local authorities of voivodships and other bodies eligible for the activities of the EURES network,

(b) carrying out tasks relating to the participation of EURES cross-border partnerships in the field of the activities of those partnerships;

16a) realization of tasks related to the international flow of employees, resulting from separate regulations, international agreements and other agreements concluded with foreign partners;

17) examination and analysis of the situation on the local labour market in connection with proceedings for the issue of a foreigner's work permit or proceedings for the granting of a temporary residence permit, referred to in art. 114 and Art. 127 of the Act of 12 December 2013. o foreigners;

17a) realization of tasks related to the taking of work by foreigners on the territory of the Republic of Poland;

18) organizing and financing the training of the employees of the district labour office;

19. development and implementation of individual action plans;

20) implementation of projects in the field of employment promotion, including unemployment prevention, mitigation of the effects of unemployment and professional activation of the unemployed, resulting from operational programmes co-financed by the European Fund Social and Labour Fund;

20a) the initiation and implementation of research and analysis used in the activities carried out by the employment offices;

21. organisation and implementation of special programmes;

21a) implementation of regional programmes on the basis of an agreement concluded with the Voivodship Labour Office;

22) processing of information about unemployed, jobseekers and foreigners intending to perform or perform work on the territory of the Republic of Poland;

23. cooperation with the Minister responsible for working on the establishment of central registers on the basis of art. 4 par. 4;

24) initiating and implementing pilot projects.

2. The tasks referred to in paragraph 2. 1, are carried out by the district labour offices forming part of the district administration complex.

2a. The Minister of the Labour Affairs will donate to the district authorities in 2006. and 2007. from the Labour Fund 7% of the amount of the funds (limit) of the Labour Fund fixed for the previous year for the implementation of the programmes for the promotion of employment, the mitigation of the effects of unemployment and of professional activation referred to in art. 109 (1) 2, with the exception of the amounts granted from the funds at the disposal of the self-government of the voivodship and from the reserve of the authorising officer of the Labour Fund, for the financing of the costs of salaries and social contributions of the staff of the district staff of the office work.

2a 1 The Minister responsible for the labour affairs shall transfer to the district authorities until 31 December 2013. from the Labour Fund 7% of the amount of the funds (limit) of the Labour Fund fixed for the previous year for the implementation of the programmes for the promotion of employment, the mitigation of the effects of unemployment and of professional activation referred to in art. 109 (1) 2, with the exception of the amounts allocated from the reserve of the authorising officer of the Labour Fund, for the financing of the costs of salaries and social contributions of the staff of the district labour office.

2a 2 . The measures referred to in paragraph 1. 2a 1 , for the financing of the costs of salaries and social contributions of the staff of the district labour office, shall be allocated in particular to the posts referred to in Article 4 (1) of the basic Regulation. 91 (1) 1.

2b. The amount of the measures referred to in paragraph 2 (b). 2a 1 , it is transferred to the district authorities during the monthly periods, in the amount of 1/12 of the amount fixed for a given year.

2c. Forwarded to local authorities the amounts of the measures referred to in paragraph. 2a 1 , they constitute the income of the district referred to in art. 8 ust. 3 of the Act of 13 November 2003. on the income of local government units (Dz. U. of 2016 r. items 198, 1609 and 1985 and from 2017 items 730 and 949).

2d. The Starosta may allocate funds to the Labour Fund, within the amount allocated to financing other optional tasks implemented by the district labour offices, to finance the management costs of the projects co-financed with The European Social Fund, in particular on:

1) assistance and legal advice to the district official working on the preparation and execution of a public procurement procedure directly related to the implementation of projects co-financed by the European Social Fund and The Labour Fund,

2) the purchase or amortisation of equipment and the purchase of office materials for the district labour office, necessary and directly related to the implementation of projects co-financed by the European Social Fund and the Labour Fund,

3) the costs of salaries and social contributions of employees newly employed in the district labour offices to handle projects co-financed by the European Social Fund

-up to the amount of 3% of the amount allocated from the funds at the disposal of the voivodship's self-government for the implementation of tasks co-financed by the European Social Fund and the Labour Fund.

3. The creation, liquidation or change of the area of activity of the district labour office requires the consent of the minister competent for labour affairs.

4. (repealed)

5. The Starosta appoints the district head of the office of work of the office of the person with higher education and at least 3 years of work in public employment services or at least 5 years of work in others. labour market institutions. Starosta refers to the director of the district labour office after obtaining the opinion of the district labour market council. The opinion of the district labour market council is not required in the cases referred to in art. 52 and art. 53 of the Act of 26 June 1974. -the Labour Code, and in the case of dismissals of the Director of the District Labour Office at his request.

5a. Director of the district labour office referred to in Art. 9a, issued by a competition from among those meeting the conditions set out in the paragraph. They refer to and refer to the agreement by the competent apprendices and the presidents of the cities on the rights of the district. The competent authority to act on the labour law shall determine, in agreement, the competent apprendices and the presidents of the cities on the rights of the district.

6. The Deputy Director of the District Labour Office shall appoint and dismiss the Director of the District Labour Office.

7. The Starosta may, in writing, authorize the Director of the District Labour Office or at his request of other employees of this office to arrange on behalf of the starosty of the cases, including the issue of decisions, provisions and certificates in the provisions of the regulations o administrative proceedings.

Art. 9a. [ Subsidising and guiding services] 1. The district labour office carrying out the tasks referred to in art. 9 ust. 1, covering the area of its activities several counties, is co-financed from the budgets of these counties.

2. The district, whose organization unit is the district labour office referred to in paragraph. 1, hereinafter referred to as the 'presenter', shall receive a special-purpose subsidy from the budgets of other powiats, whose tasks are carried out, hereinafter referred to as 'subsidised counties'.

3. Doctors and counselling districts shall conclude bilateral agreements specifying the amount, time limits and rules for the transfer of the special-purpose subsidy to co-financing the operating costs of the district labour office, taking into account the reduction of subsidies by the the amount of the refund from the measures of the Labour Fund referred to in Article 9 ust. 2d, for the implementation by the district conducting projects co-financed by the European Social Fund and the Labour Fund concerning the Doctoral district.

4. In the absence of the agreement referred to in paragraph. 3, the amount of the claim entitled to the district to the operator shall be determined as a share of the total costs incurred, including investment and investment purchases, equal to the ratio of the number of inhabitants from the area of the county to the total number of residents from the whole area of activity of the district labour office as at the end of the year preceding the financial year in which the costs were incurred-less the amount of the refund referred to in Article 9 ust. 2d, for the implementation by the district conducting projects co-financed by the European Social Fund and the Labour Fund concerning the Doctoral district.

Article 9b. [ Occupational activation centers] 1. Within the framework of the district labour offices, the occupational activation centres, which are specialized organisational cells of the district labour office, which carry out tasks in the field of labour market services and labour market instruments, are to be distinguished.

2. Within the framework of the district labour offices in cooperation with the local government, local information and consultation centres may be established and maintained, which in the area of the municipality carries out in particular the tasks of providing the persons concerned and employers of information on the possibilities and the scope of the assistance specified in the Act and the registration of unemployed and jobseekers. These tasks are carried out primarily through the use of information and communication systems enabling access to public registers conducted in the district labour offices.

Art. 9c. [ Implementation of pilot projects] 1. Pilot projects, referred to in art. 9 ust. 1 point 24 may be carried out at the request of the starost, after the submission of information characterising the draft minister competent for the work and obtaining the consent of that minister for the implementation of the pilot project.

2. At the request of the starost, the Minister responsible for labour may grant to the implementation of the pilot project appropriations from the reserve of the authorising officer of the Labour Fund.

Art. 9d. [ Issue of a decision in case of fulfilment of the conditions for the acquisition of benefit] 1. Where the unemployed person fulfils the conditions for the purchase of the allowance referred to in Art. (a), in accordance with Article 18 (1) of the Treaty on the Functioning of the European Union, and in accordance with Article 18 (1) of the Treaty on the Functioning of the European Union, and 1 (1) 3 point 2 (a) b and c, may affect only the amount or the period of the allowance referred to in Article 4. 73 (1) 1 point 2 (b), the starosta shall issue a decision on the basis of art. 9 ust. 1 point 14 (b), having regard only to the periods specified in the Article 71 (1) 1 and 2.

2. After the decision referred to in the paragraph. 1, the starosta shall immediately refer the case to the Marshal of the voivodship in order to determine whether periods of insurance, employment or self-employment met by an unemployed person in another Member State of the European Union or of the State of which Article 1 (1) 3 point 2 (a) b and c, they have an impact on the amount or period of the allowance referred to in Article 73 (1) 1 point 2 (a) b.

3. Where it is established that periods of insurance, employment or self-employment are met by an unemployed person in another Member State of the European Union or of a State referred to in art. 1 (1) 3 point 2 (a) b and c, they have an impact on the amount or period of the allowance referred to in Article 73 (1) 1 point 2 (b), the Marshal of the voivodship issues a decision on the basis of art. 8a ust. 1.

4. Issue by the Marshal of the voivodship of the decision referred to in the paragraph. 3, means the repeal of the decision taken under the paragraph. 1, with the benefits paid on the basis of the decision referred to in paragraph 1. 1, shall be counted against the benefits resulting from the decision referred to in paragraph 1. 3.

5. Where it is established that periods of insurance, employment or self-employment are met by an unemployed person in another Member State of the European Union or of the State referred to in Article 1 (1) 3 point 2 (a) b and c, they do not affect the amount or period of the allowance referred to in Article 73 (1) 1 point 2 (b), the marshal of the voivodship shall be managed by administrative proceedings.

Article 10. [ Jobs in labour market policy] 1. The tasks of the voivodship in the field of labour market policy should be exercised by the supervision of the implementation of tasks performed by the Marshal of the voivodship or the starostia, voivodship or district labour offices, and other entities, hereinafter referred to as " units controlled ', in particular in the field of:

1) how the employment offices of the labour market services referred to in art are carried out by the labour offices. 35;

1a) realization by entities that have been granted accreditation, obligations under the Act and the accreditation contract;

2) the fulfilment of the qualification requirements laid down for the directors and employees of the work offices;

3) compliance with the rules and the mode of spending the resources of the Labour Fund;

4) the regularity of the outsourcing of the tasks and services of the labour market or the outsourcing of activation activities;

5) control of the implementation of other tasks, resulting from the Act, executed by the local government or other entities.

2. The tasks of the wojewater shall also be:

1) organizing and financing training of the employees of the voivodship office and the voivodship and district labour offices;

2) (repealed)

3) issuing permits for the work of foreigners;

4) the implementation of the tasks of the higher authority in administrative proceedings in matters concerning unemployment benefits.

3. Wojewoda, after consulting the Marshal of the voivodship and the provincial labour market council, sets the criteria for issuing permits for the work of foreigners.

4. In the criteria referred to in paragraph. 3, wojewater:

1) sets out a list of professions and types of work for which the issue of a work permit does not require the inclusion of old age information, guided by the situation on the local labour market, in particular the number of registered unemployed and seeking work in the individual professions in relation to the number of offers submitted to the district labour offices;

2) specify the cases in which the work permit may be issued for a period shorter than that specified in the application, taking into account in particular the previous periods of residence and work of the foreigner in the Republic of Poland, the nature or type of work performed by a foreigner and the importance of the entity entrusting the performance of work by a foreigner to the economy.

5. The criteria referred to in paragraph. 3, may not include requirements that discriminate on the grounds of sex, age, disability, race, nationality, ethnic origin, sexual orientation, political beliefs and religious denomination, or on grounds of trade union membership or employers ' organisations.

5a. List of professions and types of work referred to in paragraph 5. Point 1 shall apply mutatis mutandis in the proceedings for the temporary residence permit referred to in Article 4 (1). 114 and Art. 127 of the Act of 12 December 2013. o foreigners.

6. The criteria referred to in paragraph. 3, are subject to the notice in the voivodship journal.

7. In administrative proceedings in matters related to the performance of tasks resulting from the Act, if the Act does not provide otherwise:

1. the competent authority shall be the starosta;

2) the higher level body is the voyewater body.

Chapter 5

Volunteer Labour Hufs

Article 11. [ Volunteer Work Hufles] 1. Volunteer Work Hufs are a state budget unit.

2. The supervision of the volunteer Hufters shall be exercised by the Minister responsible for the work of the Huftsmen.

3. Within the framework of the supervision referred to in paragraph 1. 2, the minister competent for labour in particular shall accept the annual work plans and reports on the implementation of the Labour Volunteer Work Plan for the previous year.

Article 12. [ Tasks Of Volunteer Work Hufters] 1. Volunteer Hufc Labour perform the tasks of the state in terms of employment and counteracting marginalization and social exclusion of young people, as well as tasks in the scope of its education and upbringing.

2. In the field of education and education, the Volunteer Working Hufs of Labour shall in particular carry out activities aimed at:

1) to enable young people who have not completed primary or secondary school or do not continue to learn after graduating from these schools, gain professional qualifications and supplement primary or secondary education;

2) to enable young people to complement secondary education and vocational education.

3. The volunteer Hufc Labour in the scope referred to in the paragraph. 2, organise the recruitment of young people for the Volunteer Work Hufs, conduct educational and training activities and, in agreement with the education and training students, guide the participants of the Volunteer Work Hufs to schools and institutions, which are referred to in the regulations on the education system.

4. Youth covered by the Care of Volunteer Workers, who have completed 15 years at the latest on the day of the commencements of educational and educational activities, if:

1) has a delay in the course of education and does not rend the completion of primary or junior high school for children and youth, or

2) has a psychophysical condition or a difficult life situation restricting the possibility of school learning

-may attend school for adults.

4a. Volunteer Hufc Labour can also provide training for persons over 18 years of age in the centres referred to in art. 14 para. 1 point 4.

5. In terms of employment and the prevention of marginalisation and social exclusion, the Volunteer Workers ' Hufka, in particular:

1) conduct work intermediation and organize hiring for:

(a) young people over the age of 15 who have not completed primary or lower secondary education or who do not continue to learn after graduating from these schools,

(b) unemployed up to 25 years of age,

(c) students and students;

2) pursue vocational guidance for young people and mobile professional information centres;

3) initiate international cooperation and exchanges of young people;

4) (repealed)

5) reimbursable the costs incurred by the employer on the salaries and social contributions of the juvenile employees, employed on the basis of a contract of employment for the preparation of a professional.

6. Volunteer Hufc Labour can make reimbursement of the costs incurred by the employer on the salaries and social contributions of the juvenile workers employed under the employment contract for the preparation of the professional with the consideration of the list of professions referred to in Article 8 ust. 1 point 15, up to the lowest rates specified in the separate provisions in force during the period for which the refund is made on the basis of a contract concluded with the employer or an employer's organisation.

6a. The refund referred to in paragraph 1 6, constitutes aid granted in accordance with the conditions of admissibility of the aid de minimis .

7. Volunteer Work Hufs cooperate in particular with the units of government administration, with public employment services and other labour market institutions and local government units.

7a. On the basis of the mandate of the Minister responsible for the work of Volunteer Work Hufka work can lead, with the use of ICT systems, activities aimed at disseminating information about the labour market and job offers, possibilities and the aid referred to in the Act.

8. The Minister responsible for the work will determine, by way of regulation, the detailed conditions and the procedure for reimbursing employers from the funds of the Employment Fund paid to juvenile workers and social security contributions from refunded remuneration, in particular the elements of the application for the conclusion of the refund agreement, the time limits for the submission and the criteria for examining the application, the entities entitled to conclude an agreement for the refund, the elements of the refund agreement and the application for reimbursement of incurred costs by employer, with a view to providing young workers with appropriate the conditions for professional preparation and the need to ensure that the aid is compatible with the conditions governing the eligibility of aid. de minimis .

Article 13. [ Conditions of Volunteer Cooperation of Hufc Labour with Local Government Units] Co-operation of Voluntary Huphers of Work with local government units shall be carried out under the conditions laid down in the concluded agreements or agreements specifying the objectives, tasks to be implemented for the benefit of the youth and mutual obligations organizational and financial in this respect.

Article 14. [ Entities implementing the tasks of Volunteer Work Hufs] 1. The tasks referred to in art. 12 (1) 1, 2 and 7a, are carried out by the Commandant of the Chief Voluntary Labour Hufters, in particular with the help of:

1) Commands Of The Main Volunteer Work Hufters;

2) voivodship commanders of Ochotty Hufców Labour;

3) directors of centres of education and education;

4) directors of vocational training centres.

2. Commandant of the Chief Volunteer Huffers of Work appoints and refers the minister competent for the work.

Article 15. (repealed)

Article 16. [ Tasks and Organization of Volunteer Work Hufs] The minister responsible for work shall determine, by way of regulation, detailed tasks and the organization of Volunteer Work Hufs, with a view to ensuring the effectiveness and effectiveness of the implementation of tasks by the Volunteering Hufs of Work.

Article 17. [ Delegation] The Council of Ministers will determine, by means of a regulation, the organisation of the organisation of the completion of education and training of young people in the Volunteer Hufs and the acquisition of professional qualifications, with a view to particular needs in this area. youth recruited for Volunteer Work Hufs.

Chapter 6

Employment agencies

Article 18. [ Services falling within the scope of regulated activities carried out by the employment agencies] 1. Doing business activities in the field of provision of services:

1) placement of employment, consisting in particular of:

(a) to assist persons in obtaining appropriate employment or other gainful employment, and to employers in the acquisition of workers of the professional qualifications sought,

(b) the acquisition and dissemination of job offers,

(c) giving employers information on candidates for work, in relation to a reported offer of work,

(d) informing candidates for work and employers of the current situation and anticipated changes in the local labour market,

(e) initiating and organising the contacts of persons seeking adequate employment or other gainful employment with employers,

f) [ 3] the management of persons to work abroad with the foreign employers referred to in art. 85,

g) [ 4] the directing of foreigners for employment or other gainful employment to entities operating in the territory of the Republic of Poland referred to in art. 85a,

(2) personal advice, consisting in particular of:

(a) the conduct of an analysis of employment in employers, the definition of the qualifications of employees and their predisposition and other characteristics necessary for the performance of the work,

(b) indication of the sources and methods of obtaining candidates for certain posts of work,

c) verification of candidates in terms of expected qualifications and predisposition,

(3) vocational counselling, consisting in particular of:

(a) providing assistance in the selection of the relevant profession and place of employment,

(b) providing the information necessary for the taking of professional decisions in particular of the professions, the labour market and the opportunities for training and training,

(c) initiation, organisation and conduct of group professional advice, activisation activities in the field of assistance in the active search for work,

(d) to assist employers in the selection of candidates, in particular on the provision of information and advice in this respect,

4) temporary work, consisting in hiring temporary workers and directing those workers and persons who are not employees to perform temporary work on behalf of and under the direction of the employer of the user, on the basis of the rules laid down in rules on the employment of temporary workers

-is a regulated activity within the meaning 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 and 819), hereinafter referred to as the "Act on Freedom of Economic Activity", and require an entry in the register of entities operating the employment agencies, hereinafter referred to as "the register".

2. The entry in the register shall also be subject to the performance of the services referred to in paragraph. 1 points 1 to 3, by local government units, universities, associations, foundations, social and professional organisations and other organisations whose statutory purpose is to provide these services.

3. [ 5] The entry in the register shall be subject to the provision of the service referred to in paragraph 1. 1 point 4, by foreign entrepreneurs from the Member States of the European Union, the countries of the European Economic Area not belonging to the European Union and countries not parties to the Agreement on the European Economic Area, who may exercise the freedom to provide services on the basis of the agreements concluded by those countries with the European Union and its Member States, which have the powers and the lawful activities of temporary work in the territory of that State states and intending to provide this service on the territory of the Republic of Poland Polish.

Art. 18a. [ The activities of the employment agency] The employment agency shall carry out activities consisting in the provision of one, several or all of the services referred to in Article 4. 18 (1) 1.

Art. 18b. (repealed)

Art. 18c. [ Services not requiring an entry in the register] 1. It does not require the entry in the register of the provision of services referred to in Article 18 (1) 1 points 1 to 3, by: [ 6]

1) Volunteer Huphs of Work;

2. social integration centres and social inclusion clubs, as referred to in the social employment regulations;

3) specialized military bodies referred to in the regulations on the military service of professional soldiers, performing these services for professional soldiers released and released from the professional military service;

4) [ 7] foreign entrepreneurs from the Member States of the European Union, the countries of the European Economic Area not belonging to the European Union and countries not parties to the Agreement on the European Economic Area, who can benefit from the freedom to provide services on the basis of the agreements concluded by those countries with the European Union and its Member States, with the powers and law-lawholders in accordance with the law in the field of employment, personal advice or professional counselling in the territory of that State and intending to provide such guidance services on the territory of the Republic of Poland

2. Does not require an entry in the register:

1) activities in the scope of directing abroad to the employers of foreign own employees, if this is due to international agreements to which the Republic of Poland is a party;

2) activities in the scope of directing abroad to employment consisting in temporary admission to the family in exchange for specific benefits in order to improve language skills or professional skills for the term of up to 2 years; the provisions of art. 19d and art. 85 (1) 2 shall apply mutatis mutandis;

3) the activity referred to in art. 18 (1) 1 point 1 (f), carried out by the authorities defined in the provisions on the education system, directing teachers to work abroad in post-lonionic environments;

4) collection in the form of an electronic document and making available information about vacancies and wanted jobs via information and communication systems;

5) assistance of training institutions free of charge to participants or graduates of vocational training and preparation of adults, consisting in informing about the situation on the labour market and the need for qualifications;

6) activities in the field of organizing the practical instruction of the profession, referred to in the regulations on the education system;

7) activities in the field of directing persons to entities for the acquisition of practical skills, in particular the taking of graduate practice, apprenticeships or professional trainees, not employing or other gainful work; the provisions of art. 19d and, in the case of foreign direct routing to foreign entities, the provisions of Article 1 85 (1) 2 shall apply mutatis mutandis.

Art. 18d. [ Registry] 1. The register shall lead the marshal of the voivodship competent for the seat of the entity applying for the entry.

1a. [ 8] In the case of a foreign entrepreneur, referred to in art. 18 (1) 3, the authority competent to hold the register shall be the marshal of the voivodship chosen by the foreign entrepreneur from the marshal of the voivodship competent due to the premises of the premises referred to in art. 19fa.

2. The register shall be overt and may be carried out in the form of an electronic document.

Art. 18e. [ Content of the application for entry in the register] 1. The Marshal of the voivodship shall enter the entry in the register on the basis of a written request for entry in the register, filed by the entity intending to lead the employment agency, containing the following data:

1) the designation of the entity applying for entry in the register;

2) [ 9] the address of the entity and the addresses of the premises referred to in Article 19fa, together with the name of the municipality, the county and the voivodship and the telephone number;

3) the designation of the legal form of the business;

3a) [ 10] specifying the type of services provided:

(a) work intermediation, personal counseling, professional counselling, or

(b) temporary work;

4) [ 11] the NIP tax identification number, where the entity has such a number;

5) [ 12] the number of the entry in the National Court Register or the information on the entry to the Central Register and the Information on Business Activity-in the case of an entrepreneur, if the entity has such a number;

6) the e-mail address, if the entity has such an address.

2. Together with the application referred to in paragraph. 1, subject:

1) make a declaration of the following contents:

" I declare that:

1) the data contained in the application for entry in the register is complete and truthful;

2) I am known to me and I fulfil the conditions for keeping employment agencies as appropriate in the areas of employment, personal counseling, professional guidance or temporary work, as defined in the Act of 20 April 2004. on the promotion of employment and labour market institutions. ';

2) provide for inspection proof of the payment of the fee referred to in Article 18k ust. 1, or makes a copy of it.

3. The statement shall also include:

1. the designation of the operator of the employment agency and the address of residence or establishment;

2) the designation of the place and the date of the declaration;

3) the signature of the person entitled to represent the entity, with an indication of the name and the name and the function.

4. [ 13] Foreign entrepreneur, referred to in art. 18 (1) 3, to the application referred to in paragraph. 1, shall be accompanied by an interpreter of a sworn translation into the Polish language of the document entitling the trader to pursue his activities in the field of temporary work in the territory of the country of origin.

Art. 18f. [ Form of application for entry in the register] An application for entry in the register may be submitted in electronic form. The application submitted in electronic form shall contain the data in the established electronic format, contained in the model of the application referred to in Article 19k, and shall bear:

(1) qualified electronic signature, or

2) the signature of the confirmed ePUAP Trusted Profile.

Art. 18g. [ Data to be entered in the register] 1. The entry in the register shall be subject to the data referred to in Art. 18e mouth. 1, and the date of entering the entry, except for the address of residence, if it is different from the address of the premises of the entity.

2. The entry in the register is also to be deleted or the entry change.

Art. 18h. [ Control activities prior to entry in the register] 1. Before entering the entry into the register of the Marshal of the voivodship may:

1) make a check of the facts given in the application or the statement referred to in art. 18e,

2) call upon the entity to deliver, within the prescribed time limit:

(a) documents proving the data referred to in Article 18e mouth. 1 (1) and (3),

(b) a certificate or a statement confirming the data referred to in Article 18e mouth. 1 (4) and (5), and

(c) documents certifying that the conditions laid down in the Article are fulfilled. 19

-in order to determine whether the entity fulfils the conditions for the pursuit of the employment agency's activities.

2. The statement referred to in the paragraph. 1 in point 2 (b) shall be punishable by criminal liability 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.

3. To the certificates and statements referred to in paragraph. 1, rule of art. 18f shall apply mutatis mutandis.

Art. 18i. [ Certificate] 1. [ 14] The Marshal of the voivodship shall issue a certificate of registration of the entity to the register, entitling to provide the services referred to in art. 18 (1) 1 points (1) to (3), or entitling to provide a temporary work service, hereinafter referred to as 'the certificate'.

2. The certificate should contain the following data:

1) the name of the entity;

2. address of the premises of the entity

(3) the number in the register;

3a) [ 15] specifying the type of services provided:

(a) work intermediation, personal counseling, professional counselling, or

(b) temporary work;

4) [ 16] the date on which the entry was made in the register for the services referred to in point 3a (a). a or b;

5) the date of making the first entry in the register in case of issuance of the certificate due to change of the entity's designation or the address of the party

Art. 18j. [ A change in the alert and the issuance of these changes to the certificate] 1. [ 17] The Marshal of the voivodship shall change the entry and issue the certificate in the event of receipt of the change of information, taking into account these changes

1) the data referred to in art. 18e mouth. 1 (1) and (2), as regards the change of the entity's designation and the address of the establishment

2) the type of services provided, referred to in art. 18i mouth. 2 point 3a.

2. The change of the place of residence or seat of the entity shall be subject to entry in the register maintained by the Marshal of the voivodship, which will be appropriate after the change In the event of incorrect transmission of information about the change, the Marshal of the voivodship shall immediately forward the record files to the Marshal of the competent voivodship due to the new place of residence or seat.

Art. 18k. [ Certificate Fee] 1. The issue of the certificate shall be subject to a fee of PLN 200, constituting the income of the self-government of the voivodship, due to the seat of the entity.

2. The fee referred to in paragraph. 1, is not refundable in case of issuing by the Marshal of the voivodship's refusal to register the entity in the register in the cases referred to in art. 18l.

3. Issue of the certificate in the cases referred to in art. 18j, shall be exempt from the levy referred to in paragraph 1. 1.

Art. 18l. [ Grounds for refusal of an entity to be entered in the register] The Marshal of the voivodship shall refuse, by decision, the entry of the entity in the register, where:

1) the entity does not meet any of the conditions referred to in art. 19;

2) [ 18] the entity has been deleted from the register in the cases referred to in Article 18m ust. 1 points 3 and 5 to 9, during the 3 years preceding the submission of the application for entry;

3) a final judgment prohibiting an economic operator of an economic activity covered by the entry;

4) [ 19] the entity has been established and is carried out by a natural person who has previously committed an infringement of the provisions of the Act, which results in the deletion from the register of the entity operated by that person, in the cases referred to in art. 18m ust. 1 points 3 and 5 to 9, in the 3 years preceding the submission of the application for entry.

Art. 18m. [ Conditions of deletion of the entity from the register] 1. The Marshal of the voivodship shall draw out, by decision, the entity entered in the register in the case of:

1) written request of the entity;

2) the entrepreneur's attitude to the state of liquidation or the announcement of bankruptcy;

3) the issue of the decision referred to in art. 71 (1) 1 Act on the freedom of economic activity;

4) the non-keeping of employment agencies, in the areas of employment, personal counseling, professional counselling and temporary work, over a period of two consecutive years, found on the basis of the information referred to in art. 19f

5) [ 20] the breach by the operator of the conditions of establishment of the employment agencies referred to 19 points 2 and 3, art. 19b-19d, art. 85 (1) 2-5 and art. 85a;

6) [ 21] failure by the operator to remove, within the prescribed time limit, the conditions for the employment agencies referred to in Article 19 (1) and (1) 19e-19h;

7) the submission by the entity of the statement referred to in art. 18e mouth. 2 points 1 and paragraph 2 3, or the communication of the information referred to in art. 19e ust. 1 point 1, not in accordance with the facts;

8) the inconsistence of the data in the register with the facts following the prior request of the entity to be heard in this case within 7 days from the date of receipt of the call;

9) entrust, on the basis of regulations on the employment of temporary workers, to perform work of foreigners residing without a valid document entitling to stay in the territory of the Republic of Poland;

10) [ 22] obtain information on the death of the trader.

2. The application referred to in paragraph 2. Article 1 (1), Article 1 (1) 18f shall apply mutatis mutandis.

Art. 18n. [ Release of the decision to remove from the register] 1. In the case of a decision to remove from the register, the entry shall take place when the decision becomes final.

2. For the entity entered in the register the Marshal of the voivodship shall keep a record of records, covering in particular the documents constituting the basis of the entry.

3. In administrative proceedings, in cases concerning the entry in the register of employment agencies, a higher level shall be the local authority of the Board of Appeal.

Art. 18o. [ Authority authorised to monitor compliance with the conditions for the exercise of employment agencies] [ 23] The Marshal of the voivodship shall exercise control in respect of compliance with the conditions for operating the employment agencies referred to in art. 19 and art. 19e-19fa.

Art. 18p. [ Information obligation of the Marshal of the voivodship] 1. The Marshal of the voivodship shall transmit in the form of an electronic document the minister competent to work cases summary information from the voivodship concerning the information referred to in art. 19f, by 31 March at the latest.

2. The information referred to in paragraph 1. 1, it should also contain data of:

1) entities having an entry in the register at the end of the reporting period, taking into account entities operating in the scope of the services provided: employment placement, including those directing to work abroad in foreign employers, personal counseling, professional counselling and temporary work;

2) the decision to remove the entity from the register, including due to the failure to respect the conditions for the pursuit of employment agencies;

3) a decision to refuse an entry in the register;

4) the inspections carried out, including the number of cases of failure to respect the conditions for the establishment of employment agencies;

5) the foreign entrepreneurs making the notification referred to in art. 19i, stating the country of origin and the nature of the services provided.

Art. 18r. [ The authority required to process the employment agency data] The Minister responsible for the work processes the data on employment agencies transferred in the form of an electronic document by the Marshals of the voivodships.

Article 19. [ Requirements for the organisation of the provision of services in the field of employment services] An entity intending to perform the services or services referred to in Article 18 (1) 1, it shall meet the following conditions:

1) [ 24] have no arrears in respect of taxes, social security contributions, health insurance, the Labour Fund and the Occupational Pensions Guaranteed Fund and the Bridging Pensions Fund;

2) be unpunished for the offenses or misconduct referred to in art. 121-121b;

3) be an entity in respect of which liquidation has not been opened or has not been declared bankrupt.

Art. 19a. (repealed)

Art. 19b. [ Processing of personal data] [ 25] The employment agency and the entities referred to in Article 18c, they are obliged to process the personal data held in accordance with the provisions on the protection of personal data.

Art. 19c. [ Prohibition of discrimination] The employment agency and the entities referred to in Article 18c, cannot discriminate on grounds of sex, age, disability, race, religion, ethnicity, nationality, sexual orientation, political beliefs and religion or on grounds of the association of persons for whom they are seeking employment or other gainful employment.

Art. 19d. [ Prohibition of charging for employment seekers] 1. The employment agency and the entities referred to in art. 18c:

1. may not charge amounts other than those referred to in Article. 85 (1) 2 point 7 from persons for whom they seek employment or other gainful employment or who provide assistance in the selection of the relevant profession and place of employment;

2) prior to the referral of a person to work abroad or temporary work, to an entity operating outside the territory of the Republic of Poland, shall be obliged to provide it in writing information on costs, charges and other receivables, including referred to in art. 85 (1) In accordance with the provisions of Article 4 (2), point 7, relating to the management of work and the taking up and pursuit of work

2. Paragraph Recipe Article 1 (1) shall apply mutatis mutandis to persons headed abroad for the purpose of acquiring practical skills, in the form of a practice of graduation, apprenticeships, apprenticeships, non-employment, or other gainful employment.

Art. 19e. [ Compulsory employment agency obligation] 1. The employment agency shall be obliged to inform the Marshal of the province of:

1) [ 26] any change in the data referred to in Article 18e mouth. 1 (1) and (2), or a change of the type of services provided, referred to in Article 1 (1) 18i mouth. 2 point 3a, within 14 days of the date of their establishment, the provision of Article 3 (3) (a) of the 18e mouth. 3 shall apply mutatis mutandis;

2) cessation of activities;

(3) the suspension or resumption of the economic activity referred to in the provisions on the freedom of establishment, within 14 days from the date of suspension or the resumption of the exercise of that activity.

2. To the information referred to in paragraph. 1, rule of art. 18f shall apply mutatis mutandis.

Art. 19f. [ Obligation to present the Marshal of the State Information on the Activities of the Employment Agency] [ 27] 1. The employment agency is obliged to provide the Marshal of the Voivodship with information on the activity of employment agencies in the scope of the provision on the territory of the Republic of Poland services referred to in art. 18 (1) 1, by 31 January of each year for the preceding year, containing in particular:

1) the number of persons, taking into account citizenship, who have undertaken work through the employment agencies according to the group of elementary occupations according to the prevailing classification of professions and specialties for the needs of the labour market, and in the case of directing to employment abroad in foreign employers also with the employment states;

2) the number of employers and persons using the services of personal counseling and professional counselling;

3) the number of persons directed by the employment agency for temporary work, with the nationality of foreigners aimed at temporary work;

4) information on the association of employment agencies in trade unions.

2. If the information on the activity of the employment agency referred to in paragraph is necessary. 1, the employment agency shall present to the Marshal of the Province the amended information by the date of 1 March of the year concerned.

3. To the information referred to in paragraph. 1 and 2, rule of art. 18f shall apply mutatis mutandis.

Art. 19g. [ Additional information provided by the employment agency in the notices and job offers] In the documents, notices and offers, the employment agency is obliged to place the number of the entry in the register, and the advertised job offers to perform temporary work shall be referred to as 'temporary job offers'.

Art. 19ga. [ The obligation to return the originals of the documents confirming their education, qualifications and professional experience] The employment agency and the entities referred to in Article 18c, are obliged to return immediately to the person for whom they provide or have provided services in the field of activity of the employment agency, on her written request, the originals of documents submitted by it, in particular documents confirmatory training, qualifications and professional experience.

Art. 19h. [ Obligation to co-operate agencies with other employment bodies in implementing labour market policies] The employment agency is obliged to cooperate with the employment authorities in the implementation of labour market policies.

Art. 19i. [ Pursuit of activities in the field of employment by a foreign entrepreneur] 1. Foreign entrepreneur, referred to in art. 18c par. 1 point 4, prior to the commencation of activities in the field of employment intermediation, personal counseling or professional counselling in the territory of the Republic of Poland shall be submitted to the Marshal of the Voivodeship competent for the place of provision of services a notification containing the following data: [ 28]

1. the country of origin of the trader;

2. the designation of the undertaking and its seat;

3) [ 29] the planned location and term of the provision of services and the type of services provided on the territory of the Republic

1a. [ 30] Together with the notice referred to in paragraph 1. 1, the foreign entrepreneur shall submit to the Marshal of the voivodship prepared by a sworn translator a translation into the Polish language of the document entitling the entrepreneur to pursue activities in the field of employment intermediation, consulting personal or professional guidance in the territory of the country of origin.

2. [ 31] The notice referred to in paragraph 1 shall be notified. 1, may be submitted in electronic form.

3. [ 32] Where:

1) it is impossible to determine the planned location of the service in the territory of the Republic of Poland, the foreign entrepreneur shall submit the notice referred to in the paragraph. 1, to the Marshal of the Mazovian Voivodship;

2) the planned place of supply of the service is located on the premises of at least two voivodships, the foreign entrepreneur shall submit the notice referred to in the paragraph. 1, to the Marshal of the voivodship chosen by himself among the Marshal of the voivodships competent due to the planned seat of the service.

4. [ 33] Where the data and documents referred to in paragraph have not been transmitted. 1 and 1a, the Marshal of the voivodship informs about this foreign entrepreneur, who cannot start the activity in the field of employment, personal counseling or professional counselling on the territory of the Republic of Poland until additions to data and documents.

5. [ 34] Foreign entrepreneur referred to in paragraph 1, shall be obliged to inform the Marshal of the voivodship of any change of the data referred to in paragraph. 1 points 1-3, or about the cessation of conducting activities in the territory of the Republic of Poland, within 14 days from the day of the event's occurrence.

Art. 19ia. [ List of foreign entrepreneurs] [ 35] 1. The Marshal of the voivodship shall carry out a list of foreign entrepreneurs referred to in art. 19i ust. 1, containing:

1) the designation of the entrepreneur and the designation of the entrepreneur, including the name of the country of establishment

2) type of services provided on the territory of the Republic of Poland;

3) determine the planned site and the deadline for the provision of services.

2. The list referred to in paragraph 1. 1, is explicit and is carried out in electronic form.

Art. 19j. [ Application of the provisions on freedom of economic activity] In cases not covered by this Chapter, in the field of economic activity referred to in Article 4. 18, including carrying out checks on economic activities of the entrepreneur, the provisions of the Act on the freedom of economic activity apply.

Art. 19k. [ Delegation] [ 36] The Minister responsible for the work shall determine, by means of a regulation, the model application for entry in the register, the models of certificates and the models of information to be submitted, with a view to creating the conditions for the development of the employment agency and the provision of the security of the employment agency's

Chapter 7

Training institutions

Article 20. [ Register of training institutions] 1. The training institution offering training for unemployed and jobseekers may obtain a contract financed from public funds for conducting these trainings after entry into the register of training institutions maintained by the voivodship office working on the basis of the headquarters of the training institution.

1a. The register of training institutions shall be public and may be carried out in electronic form.

2. (repealed)

3. The training institution may apply for entry in the register of training institutions after filing an application for an entry together with information on:

1) the subject matter of ongoing training and professional preparation of adults;

2) didactic staff;

3. the premises base, its equipment and teaching resources;

4) methods for assessing the quality of training;

5) the number of unemployed and job-seekers covered by the training and professional preparation of adults over the last year;

6) aid granted free of charge to participants and graduates of training or professional preparation of adults, consisting in informing about the situation on the labour market and the need for qualifications.

4. The Provincial Labour Office shall notify in the form of a paper or electronic training institution the entry in the register of training institutions and shall communicate this information to the Minister responsible for the work of the work.

5. The entry to the register of training institutions is free of charge.

6. The Voivodship Labour Office shall draw up a training institution from the register of training institutions:

1) at the request of the training institution;

2) in the case of a finding of a final infringement of the provisions of the Act;

3) in the event of termination of the activity by the training institution;

4) in the case of failure to notify the voivodship of the office of the continuation of the training activities in the following calendar year.

7. The training institution is obliged to inform the voivodship office about the change of headquarters, opening and winding up of branches or subsidiaries and on continuing training activities in the following calendar year.

8. The minister competent for the work processes the information on training institutions entered in the register of training institutions provided by the voivodship offices of work.

9. The Minister responsible for the work shall determine, by means of a regulation, the mode of making and deleting the entry in the register of training institutions and updating the data in the register, the model of the application for entry and the required documents, with a view to effective spending of public funds on training for unemployed and job-seekers and the principle of reciprocity in relation to entities from Member States of the European Union intending to obtain an order financed from public funds for training.

Chapter 8

Social dialogue and partnership in the labour market

Article 21. [ Principles for implementing labour market policies] The labour market policy implemented by the public authorities shall be based on dialogue and cooperation with the social partners, in particular in the framework of:

1) the activities of the labour market councils;

2. local partnerships;

3) complementing and extending the public service offer of employment services by the social partners and employment agencies.

Article 22. [ Labour Market Council] 1. The Labour Market Council shall be the opinion and advisory body of the Minister responsible for labour market policy matters and the body that shall prioritize the expenditure of the funds from the reserve KFS referred to in art. 109 (1) 2e.

2. Voivodship labour market councils are the opinion and advisory bodies of the Marshal of the voivodship in matters of labour market policy.

3. The district labour market councils are the opinions and advisory bodies of the starost in the affairs of labour market policy.

4. The scope of operation of the Labour Market Council shall in particular:

1) to inspire actions aimed at the full and productive employment and development of human resources;

2) the opinion of the draft of the National Action Plan and the periodic reports on its implementation;

3) the opinion submitted by the Minister responsible for the work of priorities, the model of the allocation of KFS resources and the plan of their disbursement;

4. establishing additional priorities for the spending of funds from the KFS reserve in the industry and regional arrangement, and deciding on the allocation of these funds in accordance with the priorities adopted;

5) the opinion of the annual reports on the activities of the Labour Fund, and the assessment of the rationality of the economy by means of this fund;

6) the implementation of the tasks specified in the provisions for the protection of employees ' claims in the event of the insolvency of the employer;

7) review of draft laws on promotion of employment, mitigation of the effects of unemployment and professional activation.

5. The scope of the regional labour market councils shall be in particular:

1) inspiring ventures aimed at full and productive employment in the voivodship;

2) assessment of the rationality of the economy by the Labour Fund;

3) the opinion of the draft regional action plan and the periodic reports on its implementation;

4) opinion of the criteria for the distribution of the resources of the Labour Fund for the local authorities of the given voivodship to finance the programmes concerning the promotion of employment and the financing of other optional tasks and opinions developed by the voivodship work offices of proposals for the purpose of the funds of the Labour Fund at the disposal of the voivodship and the reports on their use;

5) the submission of applications and the issue of opinions in matters concerning the directions of education, vocational training and employment in the voivodship;

6) evaluating the periodic reports on the activities of the voivodship offices of work and presenting to the Labour Market Council periodic reports and applications in matters of employment;

7) delegating representatives to the competition committee making the selection of the candidate for the position of the director of the voivodship office;

8) opinion of the applications for the appeal of the Director of the Voivodship Labour Office;

9) opinion of the voivodship criteria for issuing permits for the work of foreigners;

10) cooperation with the voivodship councils of social dialogue, in particular in the field of initiating programs and partnership for the growth of employment and the development of the labour market.

(6) The provisions of paragraph 1 shall apply mutatis mutandis to the scope of the district labour market councils. 5.

7. The district labour market councils give an opinion on:

1) the advisability of the implementation of special programmes, taking into account in particular:

(a) the number of persons covered by the programme and the selection criteria for those

(b) the expected results of the special programme, including the expected cost-effectiveness and employment,

(c) the costs of implementing the special programme, including individual projects;

2) proposed by the state of change of the implementation of special programmes;

3) the advisability of the implementation of the Activization and Integration Programme referred to in art. 62a, taking into account in particular:

(a) criteria for selecting the unemployed

(b) the assumed effects of the implementation of the Programme of Activization and Integration.

Article 23. [ Composition of the voivodship and district labour market council] 1. The Labour Market Council shall be composed of persons appointed by the Minister responsible for the work of representatives of all trade union organisations and employers ' organisations, representative within the meaning of the Act on Social Dialogue Council, and one representative of the Commission of the Joint Government and Territorial Government representing the local government.

2. The voivodship of the labour market council includes persons appointed by the Marshal of the voivodship from among those operating in the voivodship of the voivodship structures of each trade union organization and employers ' organizations, representative within the meaning of the Act on the Social Dialogue Council, the socio-occupational organisations of farmers, including trade unions of individual farmers and chambers of agriculture, and non-governmental organisations dealing with the statutory problems of the labour market.

3. The district labour market council is composed of persons appointed by the appelage from among the structures of each union organization and employers ' organisations operating in the district of the labour market, representative of the Act on the Council of Dialogue. Social, socio-occupational organisations of farmers, including trade unions of individual farmers and chambers of agriculture, and non-governmental organisations dealing with the statutory problems of the labour market.

4. The members of the labour market councils referred to in paragraph. 1-1 3, refers to the candidates notified by the authorities and the organisations referred to in paragraph 1. 1-3, according to the following mode:

1) the minister competent for the work (the Marshal of the voivodship, the starosta) in writing shall request the bodies and organizations referred to in the paragraph. 1-3, to report the candidate to the labour market council within 15 working days from the day of receiving the invitation;

2. the declaration of professional career of the candidate and information confirming the achievement and experience of the labour market shall be attached to the notification by the authorities and organisations.

5. The Minister of competent for Labour (Marshal of the voivodship, starosta) shall inform the authorities and organizations, within 30 working days from the day of the end of the acceptance of the notifications, of the date of the inaugurer's meeting.

6. The Minister of competent employment (Marshal of the voivodship, starosta) may invoke the labour market council of three representatives from among the bodies of local government units or the science of particular knowledge and authority in the area of activity of this Advice.

7. Minister of competent employment (marshal of the voivodship, starosta) may invite to attend the meetings of the labour market council representatives of bodies, organizations and institutions not represented in the labour market council, without the right to participate in the taking of resolutions.

8. the labour market council referred to in paragraph 1. 1-3, they elect from among their members the Chairperson for the duration of the term of office.

9. In the case where the district labour office pursues tasks of promotion of employment, mitigation of the effects of unemployment and professional activation in the area beyond the boundaries of the district, one district labour market council is created, which is appointed by the appellant under the authority of the district labour office in agreement with the appendix of the district of the docking.

10. Member of the labour market council may be cancelled:

1) at the request of the body or organizations that have notified his candidacy for a member of the Board;

2) on the initiative of the appropriately minister competent for the work, the Marshal of the voivodship or the starosty, after consulting the authority or organizations that have notified his candidacy for a member of the Board.

11. The tenure of the labour market councils lasts 4 years.

12. From the resources of the Labour Fund may be financed costs of training of members of the labour market councils.

(13) The Minister responsible for the work shall determine, by means of a regulation, the organisation and mode of action of the labour market councils and the mode of financing the training costs of the members of the Board, with a view to ensuring effective social dialogue.

14. The employer is obliged to dismiss the employee from work in order to take part in the meetings of the labour market council. At the time of release, the staff member shall retain the right to remuneration determined in accordance with the rules applicable to the calculation of the pay for leave

15. At the request of the members of the labour market council residing outside the village where the proceedings of the Board are held, the costs of their journeys are reimbursed by the Labour Fund respectively by the Minister responsible for the work, the Marshal of the voivodship or the apprentice, in the amount and on the rules laid down for the national travel in the provisions on the fees payable to a worker employed by a State or local government unit of the budget sphere for the business trip.

Article 24. [ Labour market services implementation request] 1. Marshal of the voivodship or starosta within the appropriations specified in the budget of a given self-government may commission the implementation of the services of the labour market referred to in art. 35 par. 1:

1) units of local government;

2) non-governmental organisations dealing with labour market problems;

(3) trade unions;

4) employers ' organisations;

5) training institutions;

6. employment agencies;

7) social integration centres.

1a. Marshal of the voivodship or starosta when subcontracting the services of the labour market referred to in art. 35 par. 1, ensure their implementation in accordance with the conditions, the mode and ways of implementing labour market services.

2. The outsourcing of labour market services or services and instruments of the labour market shall take place after the open competition of tenders, on the basis and in the mode specified in the provisions on the activities of the public benefit and on the voluntary service or by the purchase those services, on the basis of and in accordance with the procedure laid down in the public procurement rules, taking into account the manner in which they are implemented in accordance with the standards of labour market services.

3. The performance of labour market services or services and instruments of the labour market shall not concern:

1. cases to be settled by administrative decision;

2) the expenditure and management of the resources of the Labour Fund.

4. Volunteers may carry out benefits in the implementation of labour market services to the entities defined in the mouth. 1 (1) to (4) under the rules laid down in the rules on public benefit and for voluntary service.

5. During the period of participation of the unemployed in the services of the labour market or services and instruments of the labour market commissioned entities referred to in the paragraph. 1 points 1-4, 6 and 7, by the Marshal of the voivodship or the starostia, the county labour office shall not direct the unemployed other forms of assistance referred to in the Act.

Article 25. (repealed)

Article 26. (repealed)

Article 27. (repealed)

Article 28. (repealed)

Article 29. (repealed)

Article 30. (repealed)

Article 31. (repealed)

Article 32. (repealed)

Chapter 9

Registration of unemployed and job-seekers and the form of support provided

Article 33. [ Registration of unemployed and job seekers] 1. Welded labour offices shall register unemployed and jobseekers and keep a register of these persons.

2. Registration of unemployed and jobseekers shall follow the presentation by these persons of the documents necessary to establish their status and entitlements.

2a. The Starosta shall notify the Border Guard or the competent water body due to the whereabouts of the foreigner about the registration of the person referred to in art. 1 (1) 3 point 2 (a) ha, as an unemployed person.

2b. The county labour office, providing the unemployed with the unemployed, immediately after the registration referred to in paragraph 2. 2, sets out an aid profile for the unemployed person for the purposes of the unemployed, for the purposes of the unemployed, the scope of the forms of aid laid down in the Act.

2c. The three profiles of the aid and the forms of aid used in these profiles are hereby established:

(1) the aid profile I, the work mediation and, where appropriate, the professional counselling or the form of the aid referred to in Article 3 (1) (b) of the Regulation; 40 par. 1 and 3a, art. 45, art. 46 (1) 1 point 2, art. 60b, art. 61e (2) and Article 61 (e) 66k-66n;

2) the aid profile II-services and instruments of the labour market, activation activities commissioned by the labour office and other forms of assistance with the exception of the Accomyation and Integration Programme referred to in art. 62a;

3) Aid profile III-Program of Activisation and Integration referred to in art. 62a, activisation activities commissioned by the Labour Office, special programmes, referral to employment supported by the employer or taking up work in a social cooperative founded by legal persons and in justified cases of counselling professional.

2d. Registration of an unemployed person at the employment office disables the possibility of registering in the same employment office as a jobseeker and having such status for the period of possession of the unemployed status.

3. The unworkable shall be obliged to report to the competent district labour office within the time limit set by the Office to accept the proposal of the appropriate work or other form of assistance proposed by the office or for another purpose resulting from the Act and specified by the office of work, including confirmation of readiness to take up work. In the case of an unemployed person who is a maintenance debtor, within the meaning of the provisions on assistance to persons entitled to alimony, a period of time may not exceed 90 days.

(3a) The fact that the unemployed person has completed an alumni practice constitutes a legitimate reason for failure to comply with the obligation referred to in paragraph 3. 3.

4. The Starosta, subject to art. 75 par. 3, deprives the unemployed person of the status of unemployed persons who:

1) does not meet the conditions referred to in art. 2. 1 point 2;

1a) has not given its consent to the establishment of the aid profile; the deprivation of the status of unemployed shall take place for the period indicated in point 3;

2) received a loan from the State Fund for Rehabilitation of Persons with Disabilities or Institution with the participation of public funds for the taking of non-agricultural or agricultural activities or received a loan for the taking up of the economic activity in question in Article 61e point 2 (a) or received a one-off measure to take up the economic activities referred to in Article 61 (2) (a). 46 (1) 1 point 2; deprivation of the status of unemployed shall take place from the day following the date of receipt of the appropriations for the taking up of the activity

2a) received a one-off measure from the State Fund for the Rehabilitation of the Disabled or from the institution with public funds for taking up business, agricultural or to contribute to a social cooperative; deprivation the status of the unemployed person shall take effect from the day following the day on which the funds are received for the activity or for the contribution;

2b) commenced the implementation of the individual social employment programme or signed the social contract referred to in art. 50 par. 2 (2); the unemployed shall be deprived of the unemployed from the following day after the date of commencement of the implementation of the individual social work programme or the signature of the social contract;

3) refused without a reasonable cause for the acceptance of the proposal of appropriate work or other form of assistance specified in the Act or submission to a medical or psychological examination aimed at establishing the ability to work or to participate in another form the aid laid down in the Act; the deprivation of the status of unemployed shall take place from the date of refusal:

(a) 120 days in the case of first refusal,

(b) 180 days in the case of the second refusal

(c) 270 days in the case of the third and each subsequent refusal;

3a) refused without a legitimate reason for participation in the activities under the Aviylation and Integration Programme referred to in Article 3. 62a, carried out by the district labour office, other entities on its behalf or by the centre of social assistance; deprivation of the status of unemployed shall take place for the period specified in point 3;

4) did not appear in the district labour office within the prescribed period and did not notify in the period up to 7 days of the justified cause of this non-instability; deprivation of the status of the unemployed occurs from the day of failure to become at the district labour office for the period indicated in point 3, as appropriate, depending on the number of non-viviennitites;

4a) did not appear in the district labour office within the time limit referred to in art. 73 (1) 2a;

5) (repealed)

6) apply for deprivation of the status of unemployed;

7) have interrupted his or her own fault, training, internship, implementation of an individual plan of action or carrying out the work referred to in art. 73a, or other form of aid as set out in the Act; deprivation of the status of unemployed shall take place from the date of interruption for the period referred to in point 3;

8) after the referral did not undertake training, professional preparation of adults, internship, carrying out the work referred to in art. 73a, or other form of aid as specified in the Act; deprivation of the status of unemployed shall take place from the day following the day of referral for the period referred to in point 3;

(9) remains unfit for work as a result of illness or presence at the detention facility for a continuous period of 90 days, and periods of incapacity to work as a result of illness and presence in the establishment are also considered to be uninterrupted. for the treatment of recovery if any subsequent interruption between periods of incapacity for work is less than 30 calendar days; deprivation of the status of the unemployed shall take effect on the expiry of the last day of the specified 90-day period;

10) did not provide a certificate of incapacity to work as a result of the illness referred to in art. 80 par. 2;

11) have interrupted the adult professional preparation programme, have not entered the qualifying examination, the adjourning examination or the examination;

12) from his own fault interrupted his participation in the activities under the Programme of Activization and Integration, referred to in art. 62a, carried out by the district labour office, other entities on its behalf or by the centre of social assistance; deprivation of the status of unemployed shall take place for the period specified in point 3.

4a. An old person deprives a registered status of a jobseeker if he/she is looking for a job:

1) does not maintain contact with the county labour office at least once every 90 days in order to confirm the interest of the assistance specified in the Act;

2. did not appear in the district labour office within the prescribed period, which was established between the job-seeker and that office, and did not notify within 7 days of the legitimate reason for this non-vibration;

3) he has not made the preparation of a professional adult or has not taken up or interrupted an individual action plan, training, postgraduate studies referred to in art. 42a, either participation in a special programme or has not taken the examination referred to in art. 40 par. 3a;

4) has submitted an application for the resignation of the assistance specified in the law provided by the county labour office; deprivation of the status of the jobseeker shall take place from the day of submission of the application;

5) to download in the Republic of Poland, under the rules laid down in the regulations on the coordination of social security systems of the states referred to in art. 1 (1) 3 point 2 (a) a-c, unemployment benefit acquired in another Member State of the European Union or in the country referred to in art. 1 (1) 3 point 2 (a) b and c and has left the territory of the Republic of Poland or has been deprived of this allowance by the competent institution of that state.

4b. Salvation of the status of job seeker for the reasons referred to in paragraph 1. 4a paragraphs 1-3 shall be followed for 120 days respectively:

1) after 90 days from the day of the last contact with the district labour office;

2) from the day of non-instability;

3) from the next day after the day of the occurrence of the event referred to in paragraph. 4a pt. 3.

4ba. Deprivation of the status of job seeker for the reasons referred to in paragraph 1. Article 4a (5) is followed from the date of the occurrence of the event referred to in that provision.

4c. In the case of deprivation of the status of unemployed or jobseeker for the indicated period of repurchase of the unemployed or jobseeker status may occur as a result of re-registration, after the expiry of that period, subject to the conditions of the concluded in the Act to their acquisition.

4ca. The decision to deprive the unemployed person and the decision to deprive the unemployed person and the right to unemployment benefit shall be granted immediate enforceability.

4d. The Starosta may not deprive the status of an unemployed pregnant woman due to incapacity for work related to the pregnancy lasting for the uninterrupted period of 90 days referred to in the paragraph. Article 4 (9), except in the case of an application for deprivation of that status by the unemployed itself.

4e. The Starosta may not deprive the unemployed unemployed person who was entered into the National Court Register as the founder of a social cooperative after the date of registration in the district labour office, in connection with the consideration by the appendage of his an application for the establishment of a social cooperative by the following day after the date of receipt of the measures.

4f. Where an unemployed person has been granted a benefit under the rules on the coordination of social security schemes of the States referred to in Article 4 (1) of the Regulation, 1 (1) 3 point 2 (a) a-c, the old age decision on the loss of the unemployed status also means the loss of the right to the benefit of the unemployment benefit.

4g. The Starosta must not deprive the unemployed:

1) the mother of the child,

2) the father of the child, in the event of the death of the child's mother, the abandonment of the child by the mother or the resignation by the mother of the right to benefit from maternity allowance or salary for the period laid down by the provisions of the Labour Code as the period of maternity leave the period of leave on the terms of maternity leave or the period of parental leave,

(3) the unemployed after the adoption of the child,

4) unemployed after taking the child's education and speech to the procurator court with a request for the initiation of proceedings on the adoption of a child or after the child has been admitted to upbringing as a foster family, with the exception of the foster family of professional use

-due to the lack of capacity and willingness to take up employment caused by the care of the child for a period of time for which he would be entitled to maternity leave during maternity leave, in accordance with separate provisions, on leave under conditions of maternity leave, maternity leave and parental leave, except in the case of an application for deprivation of this status by the unemployed person himself.

4h. In order to determine the period for which the status of the unemployed is being deprived, all the refusal, non-taking and discontinuance of the forms of activation referred to in paragraph shall be taken into account. 4 points 1a, 3, 3a, 7, 8, 11 and 12.

4i. Application for the resignation referred to in paragraph 1. Article 4a (4), which is submitted by a job-seeker, after being referred to an individual action plan, for training, post-graduate studies, to participate in the preparation of an adult professional and a special programme shall be left unrecognisable.

5. The Minister responsible for the work shall determine, by means of regulations, the mode of registration and the way in which the register of unemployed and job-seekers is kept, the ranges of information necessary for registration and information collected about registered persons, as well as the documents necessary for the determination of the status and the rights of registered persons and the content of the declaration of the accuracy of the data submitted by the unemployed or seeking employment under penalty of criminal liability, with a view to obtaining all necessary information affecting the rights records.

6. Information concerning the unemployed, jobseekers and foreigners intending to perform or performing work on the territory of the Republic of Poland shall be processed by the district labour offices, in particular by using systems teleinformatics and electronic documents.

7. The information referred to in paragraph. 6, shall be made available to the public employment services or other entities implementing the tasks under the Act or separate provisions, or as a result of entrusting or contracting by a public entity, to the extent necessary for the proper implementation of those the tasks, in particular, the organisational units of social assistance and family benefits entities.

7a. The information referred to in paragraph 1. 6, to the extent necessary for the performance of the tasks specified in the Act, may be collected by the district labour offices from public employment services or other entities, in particular social assistance organization units and units providing family benefits, carrying out tasks on the basis of a law or separate regulations, or as a result of entrusting or order by a public entity.

8. The information referred to in paragraph. 6, may be obtained, exchanged or made available on request submitted, in particular by electronic means, in the mode and in accordance with the rules laid down in the Act of 17 February 2005. o computerisation of the activities of entities carrying out public tasks or with the use of information and communication systems, if the district labour office and the entity referred to in paragraph 1 are concerned. 7, together with the following conditions:

1) have the ability to identify a person obtaining information in the system and the scope, date and purpose of obtaining them;

2) have safeguards to prevent the use of information not in accordance with the purpose of obtaining them;

3) ensure that access to personal data is supervised and registered in accordance with the provisions on the protection of personal data.

9. Acquisition from the district labour offices or from the natural persons of the information referred to in the paragraph. 6, by the entities referred to in paragraph. 7, it is conducted primarily with the use of ICT systems and electronic documents.

Article 34. [ Placement of employment services] The district labour offices are engaged in the activities of registered persons, and in the absence of any opportunity to ensure adequate work:

1) provide a service of professional guidance;

2) (repealed)

3) initiate, organize and finance training, professional preparation of adults and trainees and grant and pay scholarships;

4) initiate and subsidise the creation of additional jobs;

5) initiate and finance the other instruments of the labour market to the extent specified in the law;

6. They shall grant and pay allowances and other unemployment benefits.

Article 34a. [ Preparation of an individual action plan for an unemployed or jobseeker] 1. The county office of work, providing assistance specified in the Act, prepares an individual action plan tailored to the aid profile. An individual action plan may also be prepared for job seekers.

2. The individual action plan shall be prepared by the client's adviser with the participation of the unemployed or jobseeker and shall include in particular:

1) the actions possible to be applied by the office of work in the framework of the assistance specified in the Act;

2) actions planned to be carried out independently by the unemployed or jobseeker in order to seek work;

3) planned deadlines for the implementation of the individual actions;

4) forms, planned number and dates of contacts with the client's adviser or other employee of the office of work;

5) the deadline and conditions for completion of the implementation of the individual action plan.

3. The preparation of the individual action plan shall take place no later than 60 days from the date of establishment of the aid profile.

3a. An individual action plan may be modified according to the changing situation of the unemployed or jobseeker.

3b. The county labour office may refer the unemployed to the centre of information and career planning or to another institution of the labour market in order to diagnose the problems of the unemployed in the labour market and to assist in the planning of a career.

3c. The Minister responsible for the work will determine, by means of a regulation, the way in which the aid profile is to be established and the procedure under the aid profiles, with a view to increasing the chances of the unemployed in the labour market.

4. (repealed)

5. (repealed)

Chapter 10

Labour market services

Article 35. [ Labour Market Services] 1. The basic services of the labour market are:

(1) the intermediation of work;

2) (repealed)

(3) professional counselling;

4) (repealed)

5. organisation of trainings.

2. (repealed)

2a. (repealed)

2b. The services of the labour market carried out on the basis of the provisions of the Act by public employment services may be carried out with the use of ICT systems and electronic documents.

2c. To the extent necessary for the implementation of the services of the labour market, public employment services may process the personal data of persons using those services.

3. (repealed)

4. (repealed)

5. The Minister responsible for the work will determine, by means of the regulation, detailed conditions for the implementation, modalities and ways of carrying out labour market services by working offices, and in the part concerning employment intermediation within the EURES network also by Ochotnicze Labour markets, taking into account the scope of services and the need to ensure that the rights of the users of the services are respected, the unification of labour market services provided by the labour offices and the need to ensure that the aid is compatible with the labour market. economic operators with the conditions for eligibility of aid de minimis .

Article 36. [ Mediation of Work] 1. The medium of work shall consist, in particular, of:

1. providing assistance to the unemployed and jobseekers in obtaining appropriate employment and employers in the acquisition of workers with a qualified professional qualification;

2) obtaining job offers;

(2a) dissemination of job openings, including through the transmission of job offers to the online job openings database provided by the minister responsible for labour;

3) giving employers information about the candidates for work, in connection with the reported offer of work;

4) to inform the unemployed and jobseekers and employers of the current situation and the anticipated changes in the local labour market;

5) initiating and organising the contacts of unemployed and jobseekers with employers;

6) cooperation of the district labour offices in exchanging information about the possibilities of obtaining employment and training on the ground of their activities;

7) to inform the unemployed about their rights and obligations.

2. (repealed)

3. (repealed)

3a (repealed)

3b. Voivodship labour offices can carry out activities in the field of work intermediation only with an over-district coverage and in cooperation with the relevant district labour offices.

4. The semi-annual work for unemployed and job-seekers and employers implemented by district and provincial labour offices shall be carried out free of charge, in accordance with the rules:

1) the availability of job placement services for job seekers and employers;

2) voluntary-meaning free from coercive use of employment services;

(3) equality, which shall mean the obligation to provide all unemployed and job-seeking assistance in finding employment or other gainful employment, irrespective of sex, age, disability, race, religion, nationality, political persuasions, affiliation, ethnicity, religion or sexual orientation;

4) transparency-which means that every vacancy declared to the employment office is made available to the unemployed and jobseekers.

4a. The District Labour Office, which does not have candidates fulfilling the requirements set out in the job offer, provides information about the lack of possibility of realization of the offer to other district labour offices at least through the online job vacancy base, o Article 2 4 par. 1 point 8.

5. (repealed)

The employer shall submit an offer of work to one district labour office which is competent for the employer's seat or the place of work or other office of his choice.

5b. By submitting a job offer to the District Labour Office, the Employer may not consent to the disclosure of information enabling him to be identified by persons not registered in the District Labour Office.

5c. The tasks concerning the dissemination of the job offer, contacts with the employer and registered persons and the management registered to the employer is implemented by the district labour office, which accepted the offer of work from the employer.

5d. The offer of work, in connection with which the employer has not consented to making public the information enabling it to be identified, can be made available to the full extent only to those unemployed or jobseekers who meet the requirements set out in the tender and which the district labour office directs to the work of this employer.

5e. The county labour office cannot accept the job offer if the employer has included in the job offer requirements that violate the principle of equal treatment in employment within the meaning of labour law provisions and may discriminate candidates for work, in In particular, on the grounds of gender, age, disability, race, religion, nationality, political beliefs, association, ethnic origin, religion or sexual orientation.

5f. The District Labour Office may not accept the offer of work, in particular if the employer, during the 365 days prior to the date of application of the job offer, has been punished or sentenced by a final sentence for infringement of the provisions of the labour law or is covered by the the infringement proceedings.

5g. Refusal to accept a job offer by the county labour office requires written justification.

6. (repealed)

7. (repealed)

8. The Minister responsible for the work will determine, by regulation, classification of professions and specialties for the labour market and its scope, taking into account the professions and specialities in the labour market and the need for brokering and professional guidance.

Article 36a. [ The scope of the activities of employment activities within the EURES network] 1. Labour averaging related to the free movement of workers in the territory of the States referred to in art. 1 (1) 3 point 2 (a) a-c, can be carried out within the framework of the EURES network.

2. The EURES network shall include the activities referred to in Article 4. 36 ust. 1, as well as other services provided under this network, as defined in the European Union's rules.

(3) In order to ensure that the EURES network is being brokering, it is not possible to discriminate against persons seeking employment or other gainful employment on the grounds of sex, age, disability, race, religion, ethnicity, nationality, sexual orientation, political beliefs and confessions, or due to the association.

4. Labour averaging related to the free movement of workers in the countries referred to in art. 1 (1) 3 point 2 (a) a-c:

1) is carried out by district and voivodship offices of work and Volunteer Hufce work solely within the framework of the EURES network;

2) may be carried out within the framework of the EURES network by the entities operating the employment agencies and the entities referred to in art. 18c par. 1 (2) and (3) and (3) 2 point 3, after accreditation is obtained.

Article 36b. [ Information contained in the request for accreditation] 1. An applicant for accreditation shall submit an application for accreditation to the Minister responsible for the work, if he/she meets the following criteria:

1) has an entry in the register referred to in art. 18 (1) 1, or is the entity referred to in art. 18c par. 1 point 2 or 3, or paragraph. 2 point 3;

2. fulfils the conditions laid down in the Article. 19;

3) have the ICT systems enabling the implementation of work intermediation within the EURES network, including the website and the electronic register of job offers;

4) demonstrate a minimum of two years ' experience in carrying out an intermediary to work abroad;

5) it is not conducted in relation to it proceedings, which may result in a deletion from the register on the basis of art. 18m.

2. The application for accreditation shall contain the following data:

1) the designation of the entity;

2) the address under which the entity operates, and the address under which the placement of the work within the EURES network will be carried out, together with the name of the municipality, the district and the voivodship;

3) the designation of the legal form of the business;

(4) the NIP tax identification number, if such a number has such a number;

5) the number in the national official register of entities of national economy REGON;

6) the number in the National Court Register or the information on the entry to the Central Register and Information on Economic Activity-if the entity such number has;

7) the e-mail address and the website, as well as other contact details.

(3) Where an applicant for accreditation provides for the pursuit of employment within the framework of the EURES network, in cooperation with the cooperating parties referred to in Article 3, the following shall be carried out in accordance with Article 3 of the Regulation. 36d ust. 3, the request for accreditation shall include the following data relating to the co-operating entity:

1) the designation of the entity;

2) the address under which the entity operates, and the address under which the placement of the work within the EURES network will be carried out, together with the name of the municipality, the district and the voivodship;

3) the designation of the legal form of the business;

4) the e-mail address and the website, as well as other contact details.

4. The applicant for accreditation shall submit a statement in the application for accreditation confirming:

1) meeting the conditions referred to in art. 19;

2) knowledge of the obligations arising from the Act and the regulations of the European Union in the implementation of the activities of the EURES network, as well as resulting from the accreditation agreement referred to in art. 36d ust. 2;

3. non-conduct in relation to the entity of the proceedings referred to in paragraph. 1 point 5;

4) shall end two years from the date of termination with the entity of the accreditation contract referred to in art. 36d ust. 2, by means of denunciation of the reasons referred to in Article 4 (2). 36e ust. 2, point 2, until the date of application for accreditation;

5) the possession of financial resources enabling the implementation of the activities of the EURES network resulting from the law and regulations of the European Union in the implementation of the activities of the EURES network, as well as resulting from the accreditation agreement referred to in art. 36d ust. 2;

6) the completeness of the data contained in the application for accreditation and their compliance with the truth.

5. The statement referred to in paragraph 1. 4, consists of a rigorous criminal liability for making false statements. The claimant is obliged to enter in it a clause of the following content: "I am aware of the criminal responsibility for making false statements.". This clause replaces instructing the body of criminal responsibility for making false statements.

6. An application for accreditation may be submitted in paper or electronic form. The application submitted in electronic form shall bear:

(1) qualified electronic signature, or

2) the signature of the confirmed ePUAP Trusted Profile.

7. The Minister responsible for the work shall announce on the website of the Office serving the Minister information about the time limits for the submission and processing of applications for accreditation.

Article 36c. [ Refusal of Accreditation] The Minister responsible for labour shall refuse, by means of a decision, to grant accreditation where:

(1) the applicant for accreditation does not meet the criteria referred to in Article 3. 36b par. 1 or

2) the entity will not present the data referred to in art. 36b par. 2 or 3, or shall not make a statement as referred to in art. 36b par. 4, or

3) an applicant for accreditation, for the reasons referred to in art. 36e ust. 2 (2), the accreditation contract referred to in Article 2 (2) has been terminated. 36d ust. 2, and from the date of termination of this contract until the date of submission of an application for accreditation has not passed two years.

Art. 36d. [ Data included in the accreditation agreement] 1. The Minister responsible for the work shall give the entity an accreditation, making an entry in the register of entities which have obtained accreditation to conduct on the territory of the Republic of Poland work intermediation within the framework of the EURES network, hereinafter referred to as " the register accreditation, after having entered into an accreditation contract with it.

2. The accreditation contract shall include in particular:

1) the scope of obligations of the entity to which accreditation is granted, related to the implementation of the activities of the EURES network resulting from the Act and the regulations of the European Union, including those related to planning, implementation, monitoring and reporting of activities the EURES network;

2) the scope of activities and services to be carried out in the intermediation of work within the EURES network;

3. the obligation of the entity to which accreditation is granted, to:

(a) cooperation with the employment authorities in order to implement the labour market policy and the European employment strategy in the implementation of the activities of the EURES network,

(b) the participation in the information exchange system and the sharing of job offers of the European Commission, in accordance with the models, procedures and standards set out by the European Commission,

(c) the implementation of EURES work intermediation in cooperation only with the entities authorised to carry out the activities of the EURES network from the States referred to in Article 3. 1 (1) 3 point 2 (a) a-c,

(d) ensuring that persons are able to carry out work intermediation within the framework of the EURES network and other activities linked to the implementation of obligations arising from an accreditation contract, meeting the requirements of the European Union, of which the least one has knowledge of English or German, or French sufficient to perform the tasks,

(e) to provide access to information on brokering activities within the framework of the EURES network on the website of the entity to which the accreditation is granted and through other means of the flow of information used by that entity,

(f) the use of an acronym and the trade mark EURES solely for the pursuit of employment within the framework of the EURES network,

(g) affixing in documents, notices and offers of work relating to the implementation of work intermediation within the EURES network of an entry number in the accreditation register;

4. the means of carrying out work intermediation within the EURES network, including the scope of the data to be included in the declaration of job offers;

(5) rules for determining the amount of fees charged to employers by an entity to which accreditation is granted for the intermediation of work within the EURES network, where the intermediation is provided by means of financial support from the funds The European Union.

3. Where an entity to which accreditation is granted provides for the pursuit of employment within the framework of the EURES network in cooperation with other entities not authorised to carry out this mediation, hereinafter referred to as "the cooperating parties", the entity is required to enter into an agreement with the co-operating entity.

4. The agreement referred to in paragraph 1. 3, it shall contain the principles of cooperation with the cooperating parties, including:

1) the planning, monitoring and reporting of activities carried out within the EURES network;

2) the scope of activities and services in the intermediation of the EURES network to which the requested entity commits itself.

5. The entity to which the accreditation has been granted shall finance the implementation of the activities of the EURES network, including the intermediation of the work carried out within that network, of its own resources and, where this possibility exists, from resources obtained from external sources of financing, in with the European Social Fund.

6. The Minister responsible for the work shall be provided by the Marshal of the Province and the voivodship, due to the seat of the entity to whom the accreditation has been granted, a copy of the accreditation agreement.

7. The Minister responsible for the work shall keep the register of accreditation. The register shall be public and may be kept in electronic form.

Art. 36e. [ Deprivation of Accreditation] 1. The salvation of the accreditation shall take place by means of termination of the accreditation agreement in the mode of termination by the Minister responsible for the work or the entity to which the accreditation has been granted, or in the event of the expiry of that contract after the end of the period, on which has been concluded.

2. The Minister of competent employment:

1) may terminate the accreditation contract, indicating the reason for its denunciation;

2) shall pronounce the accreditation agreement, at the request of the voivodship or the Marshal of the voivodship or on the basis of the notification of the State Labour Inspectorate, who, as a result of the inspection, have established a breach by the entity to which the accreditation has been granted, the provisions the Accreditation Act or the Accreditation Agreement and the entity has not removed these infringements within the prescribed period.

3. The Minister responsible for the work shall draw up an entity that has not been accredited, from the register of accreditation immediately after the termination or termination of the accreditation contract.

4. The Minister responsible for the work shall determine, by means of a regulation, the model of an application for accreditation, with a view to providing, in that request, the information necessary for the assessment of the performance of the applicant for the award of the contract. accreditation of the criteria set out in the Act and the information necessary for the conclusion of an accreditation agreement concerning the planned scope of activities and services to be carried out in the intermediation of the EURES network, the state of employment in that entity, taking into account the persons expected to carry out this mediation and other activities resulting from the implementation of the Accreditation Agreement and the level of knowledge of foreign languages by those persons and fees charged to employers for the intermediation of work, and the principle of equality of entities implementing the activities of the EURES network, provision of the appropriate the level of implementation of those activities and the increase in access to work placement within the EURES network.

Article 37. (repealed)

Article 38. [ Vocational guidance and professional information] 1. The professional advice shall consist in the award of:

1. an unemployed and jobseeker in the selection of the profession or place of work and in the planning of career development, as well as in preparing for better dealing with the search and taking up of work, in particular on:

(a) the provision of information on professions, the labour market, training and training opportunities, the skills needed for active job search and self-employment,

(b) providing advice using standardised methods to facilitate the selection of the profession, change the qualification, take up or change work, including a study of competencies, interests and professional skills,

(c) the management of specialised psychological and medical examinations in order to give an opinion on the suitability of a professional or a profession or a training course;

(d) initiating, organising and conducting group professional advice for unemployed and job-seekers;

2. the aid employers:

(a) in the selection of candidates for the work of unemployed and job-seekers,

(b) in support of the professional development of the employer and his staff by the provision of professional advice.

1a. Within the framework of professional counselling are initiated, organized and conducted trainings with the scope of job search skills.

2. The professional advice shall be implemented in accordance with the rules:

1) availability;

2. voluntary;

3) equality without regard to sex, age, disability, race, ethnicity, nationality, sexual orientation, political beliefs and religious denomination or association;

4) the freedom to choose the profession and the place of employment;

5) non-payment;

6) confidentiality and data protection.

3. Professional advice shall be provided in the form of individual or group advice.

4. (repealed)

4a. The granting of the aid referred to in paragraph 1 to the employer. 1 point 2, shall be carried out at the request of the employer.

4b. The employer's assistance referred to in paragraph 1. 1 point 2 (b) is provided in the form of an individual advice.

Article 39. [ Agreement on the financing of the costs of the academic equipment of the office of the careers] 1. (repealed)

2. (repealed)

3. (repealed)

4. (repealed)

5. (repealed)

6. The Starosta may conclude with a higher school or student organization a contract providing for financing from the Labour Fund a part of the cost of equipping the newly opened academic careers ' office, of an amount not exceeding fifteen times the average salaries. The provisions on the granting of aid shall apply to the financing of the costs of the academic equipment of the office of a carier de minimis .

Article 39a. [ Persons Entitled to use the services of the labour market] From the services of the labour market referred to in art. 36 ust. 1- 5 and 5c-5g and in art. 38 par. 1 point 1 (a), may be used by persons not registered in the district labour office.

Article 39b. [ Persons Entitled to use the services of the labour market provided by the voivodship office of labour] From the services of the labour market provided by the voivodship of the office of work referred to in art. 38 par. 1 point 1 (a), (b) and (d) may be used by persons over 18 years of age not registered in the district labour office.

Article 39c. [ Entrepreneurs entitled to use the services of the labour market] From the services of the labour market referred to in art. 36 and 38, to the extent specified for employers, may benefit entrepreneurs within the meaning of the Act on Freedom of Economic Activity, not being employers within the meaning of the Act.

Article 40. [ Unemployment training] 1. The Starosta initiates, organizes and finances from the Labour Fund the training of the unemployed in order to enhance their professional qualifications and other qualifications increasing the chance to take up or maintain employment, other gainful employment or economic activities, in particular in the case of:

1) lack of professional qualifications;

2) the need to amend or supplement qualifications;

3) loss of ability to perform work in the hitherto carried out profession;

4) the lack of proficiency in active job search.

2. (repealed)

2a. Initiation of training consists of:

1) informing about the possibilities and principles of the use of trainings proposed by the office of work and the promotion of this form of activation;

2) diagnosing the demand for profesials, specialties and qualifications in the labour market and diagnosing the training needs of persons entitled to training;

3. drawing up and disseminating the training plan.

2b. The training organisation consists of:

1) the selection of the training institution and the conclusion of training contracts with the training institutions or the apprative by the starostess of carrying out the training of the establishment and the training institution of the training institution;

2) directing persons for training;

3) monitoring of the course of training;

4) conducting analyses of the effectiveness and efficiency of training.

2c. The financing of trainings of persons directed by the starostia shall be implemented from public funds, in particular from the resources of the Labour Fund, the European Social Fund or from the measures of the European Union programmes, and consists of:

1. financing training costs for training institutions;

2) payment of scholarships to persons addressed to the training;

3. financing of travel costs or of accommodation and catering costs associated with the participation in training;

4) financing the cost of medical or psychological tests.

2d. The Starosta, in order to ensure the highest quality of training, makes the selection of a training institution and commissioning or entrusts the training referred to in the mouth. Point 1 2b (1), in accordance with the procedures in force, and with a view to the principles of competitiveness, equal treatment and transparency.

2e. The Starosta may organise the training of the unemployed on the basis of tripartite training contracts concluded between the starostia, the employer and the training institution.

2f. In a tripartite training contract, it is specified in particular the range of skills and qualifications required by the employer, which is the basis for the preparation by the training institution of the training programme, and the employer's commitment to the the employment of the unemployed after the training period.

2g. Training of the unemployed on the basis of a tripartite training contract constitutes aid granted in accordance with the conditions of admissibility of the aid de minimis .

2h. The Starosta may finance from the Labour Fund the costs associated with the organisation by the district labour office training of the job search skills referred to in art. 38 par. 1a, up to a maximum of 40% of the allowance referred to in Article 4 (1) of the EC 72 par. 1 point 1.

3. The Starosta may direct the unemployed person to the training indicated by him if he justifiably justifiably his training, and his cost in a part financed by the Labour Fund in a given year will not exceed 300% of the average salary.

3a. Starosta, at the request of the unemployed person, may finance from the resources of the Labour Fund, up to the amount of the average salary, the costs of examinations for obtaining certificates, diplomas, certificates, certain professional powers or professional titles and costs of obtaining the licences necessary for the pursuit of the profession concerned. The provisions of the paragraph 3 shall apply mutatis mutandis.

4. The training financed by the starostnia from the Labour Fund shall take place in the form of a course, carried out according to a curriculum comprising an average of not less than 25 hours of clock per week, unless the separate provisions provide for a lower training dimension. The training may last up to 6 months, and in situations justified by the training programme in a given profession no longer than 12 months; in cases of persons without professional qualifications, the training may last up to 12 months, and in situations justified by the programme training in a given profession no longer than 24 months.

5. Directing on the training of the unemployed, in cases of professions requiring special psychophysical predisposition, should be preceded by an appointment by the professional adviser of the district labour office of the predisposition to pursue the profession, which those persons shall be obtained by training; in justified cases, training may be preceded by a referral to a medical or psychological study financed by the Labour Fund.

6. In the course of training, the principle of equality in the use of trainings irrespective of gender, age, disability, race, ethnicity, nationality, sexual orientation, political beliefs and religious denomination or affiliation shall apply relationship.

7. The Minister responsible for the work, in agreement with the Minister responsible for education and education, may determine, by means of regulations, the mode of drawing up the standards of professional qualifications and their list, taking into account the needs of education and vocational training.

8. The Minister responsible for labour may determine, by means of regulations, the mode of development of modular vocational training programmes and their list, taking into account the way in which they are used in the labour market.

Article 41. [ Scholarship] 1. The unemployed during the period of training for which he was directed by the appelage shall be entitled to a scholarship financed from the resources of the Labour Fund.

1a. (repealed)

1b. The unworkable entitlement to the grant and the allowance shall be entitled to a benefit in the same period.

2. The Scholarship shall not be eligible for an unemployed person if, during the period of training, he is entitled to any other scholarship, diet or other kind of cash benefit, equal to or above the grant financed by the Labour Fund.

3. The amount of the scholarship is a monthly 120% allowance referred to in art. 72 par. 1 point 1, if the monthly dimension of the training hours is at least 150 hours; in the case of a lower monthly dimension of the training hours, the amount of the scholarship shall be determined proportionally, with the result that the scholarship may not be less than 20% of the allowance to which Article 72 par. 1 point 1.

3a. The appendices shall have the right to complete this training without having to bear the costs of the training in the event of employment, other gainful employment or business activity during the course of training.

(b) to the unemployed person by the apprentice for training which, during the course of the training, has undertaken employment, other gainful employment or business activity, shall be entitled to a grant of 20% of the allowance referred to in Article 3 (1) of the basic Regulation. 72 par. 1 point 1, irrespective of the dimension of the hours of training, from the date on which employment, other gainful employment or business activity is taken up to the date of completion of the training. Social security contributions are not deducted from this scholarship.

3c. The scholarship referred to in paragraph. 3b, the principle of proportional fixing of the amount referred to in paragraph 3 shall not apply. 3. Stypendium referred to in paragraph 3b, for the incomplete month, it shall be determined by dividing the amount of the grant of the scholarship by 30 and multiplying the amount received by the number of calendar days of the period for which the scholarship is entitled.

4. In the case of a referral for the training of the unemployed, the costs of this training shall be financed from the Labour Fund.

4a. The Starosta shall finance from the Labour Fund, in the form of reimbursement, the costs of accommodation and meals of an unemployed person, directed at training held outside the place of residence, if this is due to a contract concluded with the training institution.

4b. The Starosta may authorise the financing, in the form of a refund, of all or part of the incurred unemployed person, of the costs of the journey to the training.

4c. The Starosta may agree to finance from the Labour Fund, in the form of a refund, incurred by the unemployed cost of passing the exam referred to in art. 40 par. 3a.

5. The Starosta, at the request of the unemployed person, may consent to the partial financing from the Labour Fund for training costs if the referral for this training took place at the request of the unemployed person or organisation or institution covering part of the costs of this training. The provisions of Article 4 40 shall apply mutatis mutandis.

6. A person who, by his own fault, has not completed the training, shall be obliged to reimbursement of the costs of the training, except in the case where the cause of non-completion of the training was to take up employment, other gainful employment or business activity.

7. Persons directed to the training by the apprentices, with the exception of those with this title the right to a scholarship, excluding the scholarship referred to in the paragraph. 3b, shall be entitled to compensation for insurance against accidents arising in connection with the training and on the way to and from the place of training, paid by the insurance institution in which they have been insured. insured.

8. The training institution is obliged to insure the person referred to in the mouth. 7, from the aftermath of the accident.

9. The Starosta may, in the contract concluded with the training institution, provide for the granting of a one-off amount of up to 50% of the minimum wage for work for each unemployed person participating in the training to 50% of the minimum wage, which, as a result of the activities of this training institution, has undertaken, within 30 days of the completion of the training course, employment, other gainful employment or economic activity and shall exercise them for at least six months.

10. To award a training institution a one-off amount referred to in paragraph 1. 9, the provisions on the granting of aid apply de minimis .

11. Unemployed persons taking part without a referral of an old age in training financed by public funds of Community and public funds under the contract for co-financing of the project or decisions referred to in the Act of 20 April 2004 o National Development Plan (Dz. U. of 2014 items 1448 and 1856, of 2015. items 1240 and from 2016. items 1948), statute of 6 December 2006. the principles of the development policy or the Act of 11 July 2014. on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020 (Dz. U. of 2016 r. items 217, 1579 and 1948), organised by a different entity than the county labour office, shall notify the district labour office of the participation in training within 7 days prior to the commencement of the training.

Article 42. [ Granting a loan to finance training costs] 1. The Starosta may, at the request of the unemployed person, grant a loan for the financing of the training costs up to 400% of the average remuneration in force on the day of signing the loan agreement in order to allow for the taking up or maintenance of employment, another commercial work or business activity.

2. The loan referred to in paragraph. 1, is non-interest-bearing and its repayment period shall not exceed 18 months from the contract concluded on the date of termination of the training.

3. In the case of the use of a loan for purposes other than those specified in the contract, failure to take or not to complete the training of the loan is subject to immediate return in full, together with the statutory interest. The amount of the unpaid loan shall be calculated on the basis of the statutory interest for the delay.

Article 42a. [ Aid for the financing of the costs of post-graduate studies] 1. The Starosta, at the request of the unemployed, may finance from the Labour Fund the costs of postgraduate studies due to the organiser of the studies, up to 100%, however, no more than 300% of the average remuneration.

2. The Starosta contains with the person referred to in the mouth. 1, the contract for the financing of postgraduate studies, which determines in particular the rights and obligations of the parties and the amount and the mode of transfer of funds to cover the costs of postgraduate studies in the form of direct contributions to the account of the organizer of these studies.

3. Where the unemployed in the course of undergoing post-graduate studies undertake employment, other gainful employment or business activity, the co-financing of the costs of those studies until the planned deadline for their completion shall not be suspended.

4. In the case of discontinuance of postgraduate studies on the fault of the participant, the amount spent on their financing from the Labour Fund shall be refundable.

5. The unworkable, whose old age has granted a grant of the costs of postgraduate studies, for the duration of participation in those studies according to their programme shall be entitled to a grant of 20% of the allowance referred to in art. 72 par. 1 point 1.

6. The participant of the postgraduate studies, which in the course of their taking up employment, other gainful employment or business activity, does not suspend the payment of the scholarship referred to in the paragraph. 5, to the planned date of completion of those studies.

7. The participant of the postgraduate course referred to in the paragraph. 6, entitled to compensation for insurance against accidents arising in connection with post-graduate studies and on the way to the place of study and back, paid by the insurance institution in which the participant has been insured.

8. The Starosta from the funds of the Labour Fund the insurer of a participant in the postgraduate studies referred to in paragraph. 7, from the aftermath of the accident, except when the participant already has such insurance.

Article 43. [ Relevant application of the provisions] 1. For a job seeker who:

1. is at the time of termination of the employment or service relationship on grounds relating to the establishment of work,

2) is employed at the employer against whom the bankruptcy has been declared or which is in liquidation, with the exception of liquidation for privatization,

3) receive a social benefit entitled on a mining leave or a mining social benefit, as defined in separate provisions,

4) participate in the classes at the centre of social integration or the individual integration programme, referred to in the provisions on social assistance,

5) is a reserve soldier,

6) levy a training allowance,

7) take the training certificate referred to in art. 70 par. 6,

(8) be subject to full coverage by social insurance of farmers under the rules on social insurance of farmers as a household or spouse of a farmer, if he intends to take up employment, other gainful employment or economic activity outside the agriculture,

9) is a foreigner, referred to in art. 1 (1) 3 point 2 (a) h and ha, subject to art. 1 (1) 6

-the provisions of the Article 40, art. 41 par. 4-7, art. 42 and art. 42a (a) 1-4 shall apply mutatis mutandis.

2. The self referred to in the mouth. 1, during the period of training and post-graduate studies, the scholarship shall not be entitled.

3. To employees and persons carrying out other gainful employment or business activity at the age of 45 years and above, interested in the assistance in professional development, after registering with the employment office, the provisions of art. 40, art. 41 par. 4-7, art. 42 and art. 42a (a) 1-4 shall apply mutatis mutandis.

Chapter 11

Labour market instruments

Article 44. [ Labour market instruments supporting basic labour market services] Labour market instruments in support of basic labour market services are:

(1) financing of the costs of the journey to the employer submitting the job offer or to the place of work, the internship, the professional preparation of adults, or the professional counselling activities in connection with the referral by the county office work;

2) financing of the costs of accommodation in the workplace to a person who has undertaken employment or other gainful employment, internship, professional preparation of adults outside the place of permanent residence, in the case of referral by the county office of work;

3) subsidising the equipment of the workplace, taking up economic activity, costs of legal assistance, consultation and advice;

(4) reimbursement of the costs incurred in respect of paid social security contributions in connection with the employment of the unemployed;

5) financing of the activation allowances;

6) financing of the costs of an organized journey of unemployed and jobseekers, in connection with the participation of these persons in the job fairs and exchanges of work organized by the voivodship office of labour in the framework of employment, in particular carried out in the EURES network.

Article 45. [ Conditions for reimbursement of travel expenses from the place of residence to the place of work] 1. The Starosta can make from the Labour Fund for up to 12 months the reimbursement of the costs of the journey from the place of residence and return to the place of employment or other gainful employment, or during the period of the employer's internship, professional preparation adults or professional counselling activities to a person who fulfils the following conditions:

1) on the basis of the referral of the district labour office has undertaken employment or other gainful employment, vocational preparation of adults, internship, or has been directed at vocational guidance classes and commute to these places;

2) obtain a salary or other income of not more than 200% of the minimum wage for work.

2. The Starosta may make for the period referred to in paragraph. 1, reimbursement from the Labour Fund for accommodation costs to a person who fulfils the following conditions:

1) on the basis of referral of the district labour office has undertaken employment or other gainful employment, internship, professional preparation of adults outside the place of residence in the locality to which the time of commute and return to the place of habitual residence of the means collective transport is more than 3 hours a day;

2) live in a hotel or rented apartment in the locality or near the village in which he is employed, performs another gainful work, takes place or preparation of professional adults;

3) obtain a remuneration or other income not exceeding 200% of the minimum wage for the work in force in the month for which the reimbursement of accommodation costs is effected.

3. The Starosta may return the unemployed cost of the journey to the employer and return to the place of residence if he is sent to the employer who has submitted a job offer, if the employer is located outside the place of residence unemployed.

4. The Starosta may return the unemployed person or the person referred to in art. 43, the cost of the journey for medical or psychological examinations and return to the place of residence, if it is directed by the county labour office and commuting to those places.

5. The Starosta may return the unemployed cost of the journey to the place of execution of the work referred to in art. 73a ust. 1, and return to the place of residence or stay.

Article 46. [ Objectives financed by the Starostia of the Labour Fund] 1. The Starosta of the Labour Fund may:

1) to reimburse to the operator of the economic activity the costs of the equipment or the retrofitting of the employment position for the unemployed person in the amount specified in the contract, but not more than six times the average salary;

1a) to refund to a natural person, legal person or organizational unit without legal personality, residing or having its registered office in the territory of the Republic of Poland, being the holder of an agricultural holding within the meaning of the Act of 15 November 1984 o Agricultural tax (Dz. U. of 2016 r. items 617 and 1579 and 2017 items 624) or of the leading agricultural production department referred to in the Act of 26 July 1991. o Income tax on individuals (Dz. U. of 2016 r. items 2032 and 2048 and of 2017 items 60, 528, 648 and 859) or in the Act of 15 February 1992. o corporate income tax (Dz. U. of 2016 r. items 1888, with late. zm.), employing in the last 6 months, each month, at least one full-time employee, the cost of equipment or the retrofitting of a job position for the unemployed person in the amount specified in the contract, no not more than 6 times the average salary, hereinafter referred to as the "agricultural producer";

2. grant the unemployed person a one-off measure for taking up economic activity, including covering the costs of legal assistance, consultation and advice related to taking up this activity, in the amount specified in the contract, not more than 6 × the amount of the average wage and, where the activity is taken on the basis of the principles laid down for social cooperatives, the amount of the appropriations allocated to the unemployed person must not exceed 4 times the average wage per one of the a member of the cooperative's founder and a 3-fold average salary on one member acceding to a social cooperative after the establishment of a social cooperative.

1a. Paragraph Recipe 1 point 1 shall apply mutatis mutandis to the non-public kindergartens and non-public schools referred to in the Act of 7 September 1991. o system of education (Dz. U. of 2016 r. items 1943, 1954, 1985 and 2169 and from 2017. items 60 and 949).

1b. The provision of the paragraph. 1 point 2 shall also apply to the graduates of the social integration centre and the graduates of social integration clubs referred to in the social employment regulations, if they do not remain in the period notified to the records of economic activities the suspension of economic activities.

2. An entity engaged in an economic activity, a non-public kindergarten, a non-public school and an agricultural producer who has received a refund of the costs of furnishing or retrofitting a job for the unemployed person, shall be obliged to make a refund, in the period of 30 days from the date of notification of the notice of old age, of the funds received, together with the interest, if he employed a full-time employment or a full-time employment job which he has created for a shorter period of time, including the than 24 months or has breached other conditions of the refund agreement.

2a. Recipe of paragraph. 1 point 2 does not apply to the unemployed person who registered as unemployed in the period notified to records of economic activities the suspension of economic activities.

3. A person who has received from the Labour Fund once funds for taking up economic activity, establishment or accession to a social cooperative, shall be obliged to make a refund, within 30 days from the date of service of the call of the starost, received measures with statutory interest if they have been engaged in an economic activity or have been a member of a social cooperative for a period of less than 12 months, or the other terms of the agreement relating to the granting of such measures have been breached.

4. In the event of failure to comply with the obligation referred to in paragraph. 2 and 3, the investigation of claims from the concluded contract shall be made on the basis of provisions of the Code of Civil Procedure.

5. The average remuneration referred to in paragraph 1. 1-1b, is accepted in the amount in force on the day of conclusion of the contract with an economic operator, a non-public kindergarten, a non-public school, an agricultural producer, an unemployed person, a graduate of the centre of social integration, or a graduate of the social integration club.

(5a) In proceedings for the granting of the measures referred to in paragraph 1 (a), 1-1b, in the case of application of the guarantee of a natural person as a form of securing the reimbursement of the granted funds, the following personal data of the guarantor may be processed:

1. first name and surname;

2. address of residence;

3) the PESEL number, if it has been given, and the name and number of the document confirming the identity;

4) income received, with the source and amount of income being given;

5) the current financial obligations, with the amount of the monthly debt repayment.

5b. Business operator, non-public kindergarten, non-public school, agricultural producer, unemployed, graduate of the social integration centre and graduate of social integration club, applying for the granting of measures, of which Paragraph 1. 1-1b, it makes a declaration of impunity for a crime against the economic defence, within the meaning of the Act of 6 June 1997. -Penal Code (Dz. U. of 2016 r. items 1137, from late. zm.) or the Act of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment (Dz. U. of 2016 r. items 1541 and from 2017 items 724 and 933), during the 2-year period prior to the application for the grant of the measures.

6. The Minister responsible for the work shall determine, by means of a regulation:

1. the specific conditions and the procedure for making the refund referred to in paragraph 1. 1 (1) and (1a) and (1a) 1a,

(2) the specific conditions and modus of the grant of the unemployed and the persons referred to in paragraph 2. 1b, one-off measures for taking up the economic activities referred to in paragraph 1. 1 point 2,

3) forms of securing the refund of the refund received or measures for taking up economic activity, in the event of failure to meet the terms of the agreement concerning their granting

-with a view to increasing mobility and the level of employment of the unemployed, the rational management of the resources of the Labour Fund, and the need to ensure that the aid is compatible with the rules for granting aid. de minimis in the case of refunds of the costs of equipment and the retrofitting of the employment position for the unemployed person and in the case of aid granted to the unemployed person or persons referred to in paragraph 1. 1b in the form of a one-off payment of funds to commence business or reimbursement of costs of legal assistance, consultation and advice on the taking up of such activities.

6a. The Minister responsible for the work shall determine, by means of a regulation, the specific conditions and the procedure for awarding the unemployed person and the persons referred to in paragraph 1. (b) Article 1 (1) (b) (b) of the European Economic and Social Committee shall, in accordance with the provisions of the Article 1 (2), and the form of the security of the repayment of funds for the pursuit of the business of social cooperatives, in the event of failure to meet the conditions of the contract concerning their award-with a view to increasing mobility and the level of the employment of the unemployed, the rational management of the resources of the Labour Fund, and the need to ensure that the aid is compatible with the rules for granting aid. de minimis in the case of aid granted to the unemployed person or persons referred to in paragraph 1. 1b in the form of a one-off payment of the start-up of the business on the basis of social cooperatives.

Article 47. [ Refund of the costs of paid social security contributions] 1. The Starosta may conclude an agreement with the employer providing for a one-off refund of the incurred costs of the paid social security contributions in connection with the employment of the unemployed.

2. The refund may be granted if:

(1) the employer has employed the unemployed full-time unemployed for a period of at least 12 months, and

(2) after 12 months of employment, the unemployed person is still employed.

3. The amount of the refunded contributions referred to in paragraph. 1, may not exceed 300% of the minimum remuneration for the work in force on the date on which the conditions laid down in the paragraph are fulfilled. 2.

Article 48. [ Activism allowance] 1. An activation allowance shall be granted to the unworkable holder if:

1) as a result of the referral by the county labour office took up part-time employment in force in the profession or service concerned and receives a salary lower than the minimum wage for the work;

2) on its own initiative has taken employment or other gainful employment.

2. In the case referred to in paragraph. Article 1 (1), the activation allowance shall be entitled to the difference between the minimum wage and the salary received, but not more than 50% of the allowance referred to in Article 3 (1) of the basic Regulation. 72 par. 1, for the period during which the benefit of the unemployed person would have been entitled.

3. In the case referred to in paragraph. For the purposes of Article 4 (2), the activation allowance shall be entitled to an allowance of up to 50% of the allowance referred to in Article 1. 72 par. 1, for half of the period in which the unemployed person would have been entitled.

4. An activation allowance shall not be granted in the case of:

1) to direct the unemployed by the district labour office to the intervention works, public works or for the post of work, whose costs of equipment or retrofitting have been reimbursed in accordance with art. 46 (1) 1 point 1;

2) undertake by the unemployed person on his own initiative of employment or other gainful employment with the employer, in whom he was employed or for whom he pursued another gainful employment immediately before being registered as unemployed;

3) undertake by the unemployed person on his own initiative of employment or other gainful employment abroad of the Republic of Poland at the foreign employer;

4) stay on vacation free of charge.

Art. 48a. [ Financing of the costs of an organised journey of unemployed and job-seekers] 1. The Starosta may finance from the Labour Fund the costs of an organized journey of unemployed and jobseekers, directed by the district labour office to participate in the job fairs and exchanges of work which are organised in the area of another district by Voivodship Labour Office in the framework of employment.

2. The organized toll of unemployed and jobseekers for the place of fairs and exchanges referred to in paragraph. 1, and back shall take place from the places specified by the district labour office.

Article 49. [ Actions to be taken against persons in a particular situation in the labour market] Persons who are in a special situation in the labour market:

1) unemployed up to 30 years of age,

(2) the long-term unemployed,

3) unemployed over 50 years of age,

(4) the unemployed person who benefits from social assistance,

5) an unemployed person having at least one child up to 6 years of age or at least one child with disabilities up to 18 years of age,

6) unemployed persons

-shall be given priority in the referral to participation in special programmes.

Article 49a. [ Persons to whom additional special programmes may be used] In relation to the unemployed and the persons referred to in art. 43, who have been appointed by the appendix, taking into account the analyses and forecasts of the local labour market, may be additionally used special programmes.

Article 50. [ Submission of the employment proposal] 1. Unemployed up to 25 years of district life work office in the period up to 4 months from the date of registration should present a proposal for employment, other gainful employment, training, internship, taking of professional preparation of adults, employment in the framework of intervention works or public works or other forms of assistance specified in the Act.

2. The unworkable referred to in art. 49 point 4, the county office of work for the period of 6 months from the date of the loss of the entitlement to the benefit due to the expiry of the period of its collection, and in the case of the unemployed without the right to the benefit within the period of 6 months from the date of registration:

1) should present a proposal for employment, other gainful employment, training, internship, completion of professional preparation of adults, employment in the context of intervention work, public works or

2) at the request of the social assistance centre may refer to participation in the social contract, the individual programme of emancipation, the local social assistance programme referred to in the provisions on social assistance, or participation in the the individual social employment programme referred to in the social employment rules.

3. In the case referred to in paragraph. Article 2 (2), the district labour office and the social assistance centre shall be required to inform each other of the planned activities of the unemployed in accordance with the procedure laid down in the agreement.

Article 51. [ Reimbursement of part of the costs incurred by the employer on salaries, rewards and social contributions] 1. The Starosta shall reimburse the employer who employed in the context of the intervention work for up to 6 months of the unemployed persons, part of the costs incurred on salaries, rewards and social contributions to the unemployed persons in the the amount previously agreed, but not exceeding the amount fixed as the product of the number of persons employed per month on the basis of the full amount of the working time and the amount of the allowance referred to in Article 72 par. 1 point 1, in force on the last day of employment of each month settled and social security contributions on the remuneration reimbursed.

2. The Starosta shall reimburse the employer who employed in the intervention work at least half of the working time period up to 6 months of the unemployed, part of the costs incurred on salaries, rewards and insurance premiums social exclusion of the unemployed of the amount previously agreed, but not exceeding half of the minimum wage for work and social security contributions from the reimbursed remuneration for each unemployed person.

3. The Starosta may make, to the extent and on the principles set out in the mouth. 1, reimbursement of the employer's employment costs for up to 12 months of the unemployed, in the context of the intervention work, in the amount previously agreed, however, not exceeding the minimum wage for work and social security contributions from the reimbursed remuneration for each unemployed person, if the refund covers the costs incurred for the second month of their employment.

4. If the employer immediately after the end of the intervention work of at least 6 months he has employed the unemployed person for a further period of 6 months and after that period he/she shall continue to have full-time employing him, the starosta may grant employers a one-off refund of remuneration in the amount previously agreed, but not more than 150% of the average salary in force on the date on which that condition is fulfilled.

5. The Starosta, who is in charge of the unemployed for intervention, has an obligation to take into account his age, the state of health and the types of previously performed work.

6. The employer shall be obliged, in accordance with the contract concluded, to maintain the unemployed person in employment for a period of 3 months after the end of the reimbursement of salaries and social security contributions.

7. Failure to comply with the condition referred to in paragraph. 6, or a breach of the other terms of the contract, shall result in the recovery of the aid received, together with the statutory interest charged on the whole of the aid received from the date of receipt of the first refund, within 30 days from the date of service of the call of the starost.

8. In the event of termination of the employment contract by the unemployed person, the termination of the employment contract under the article. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship to the unemployed person during the period covered by the refund or before the expiry of the period of 3 months referred to in paragraph 1. 6, the starosta directs the vacant job of another unemployed person.

9. In the event of refusal of the unemployed person to be admitted to the vacant post of employment, the employer shall reimburse the obtained aid in full together with the statutory interest calculated from the date of receipt of the first refund, within 30 days from the date of service an old age call. In the absence of any possibility for the office of employment to be sent to the vacant post of employment, the employer shall not reimburse the aid for the period in which the unemployed person was previously unemployed in employment.

Article 52. (repealed)

Article 53. [ Referral of an unemployed person to the holding of an internship] 1. The Starosta may refer the unemployed to the internship for a period not exceeding 6 months to the employer, the agricultural production cooperative or the full year of the natural person, residing and running on the territory of the Republic of Poland, in person and self-account, activities in the field of plant or animal production, including horticultural, orchard, beekeeping and fish production, in the holding of an agricultural holding which covers the area of agricultural area of which the area is Exceeding 2 hectares of conversion or special production The agricultural sector referred to in the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2016 r. items 277 and 2043 and from 2017 items 2, 38, 624 and 715).

1a. (repealed)

2. The Starosta may refer to an internship for up to 12 months of unemployed, who have not completed 30 years of age.

3. (repealed)

4. The internship takes place on the basis of the contract concluded by the apprand with the employer, according to the program specified in the contract. The programme should include psychophysical and health predispositions, the level of education and the existing professional qualifications of the unemployed. The programme shall specify:

(1) the name of the profession or speciality to which the programme relates;

2) the scope of the tasks carried out by the unemployed;

(3) the type of qualifications or professional skills obtained;

4) how to confirm acquired qualifications or professional skills;

5) the procurator of the internship programme.

5. The supervision of the internship by the unemployed person shall exercise the starosta. The employer shall, after the completion of the programme referred to in paragraph 1, be completed. 4, it shall issue an opinion containing information on the tasks carried out by the unemployed and the practical skills acquired during the internship. The old man gives an unemployed person a certificate of internship.

6. The unemployment benefit shall be entitled to a grant of 120% of the amount of the allowance referred to in Article 6 during the period of the period of internship. 72 par. 1 point 1, paid by the appendix; the provisions of the art. 41 par. 6 and Article 80 shall apply mutatis mutandis. For the period for which the grant is entitled, the allowance shall not be granted.

7. (repealed)

7a. At the request of an unemployed person holding an internship, the employer shall be obliged to grant the days free within 2 days for each 30 calendar days of the trainee. There is a scholarship for free days. For the last month of the internship, the employer is obliged to grant the days off before the end of the period of the internship.

8. The provisions of the paragraph. 1-7a shall apply mutatis mutandis to non-governmental organisations.

(9) The Minister responsible for the work shall determine, by way of regulation, detailed conditions for the holding of the internship, having regard to the need to ensure the appropriate conditions for the acquisition of skills.

Article 53a. [ Adult career preparation] 1. The Starosta initiates, organizes and finances from the Labour Fund the professional preparation of the adults unemployed and the persons referred to in art. 43 par. 1 points 3 to 7, in order to obtain qualifications or professional skills, confirmed by the documents referred to in Art. 53c ust. 3 and art. 53d ust. 3.

2. The professional preparation of adults is carried out in the form of:

1) practical instruction of the profession of adults allowing admission to an examination confirming qualifications in a profession or a journeying examination;

2) apprentice to adult work aimed at the acquisition of selected professional qualifications or skills, necessary for the performance of specific professional tasks, relevant to the profession of the profession in the classification of professions and specialties for the needs labour market.

3. The professional preparation of the adults shall be carried out on the basis of the agreement on the implementation of the professional preparation of adults concluded between the starostia and the employer or between the trainee, the employer and the training institution, entered in the register conducted by the voivodship office.

4. Practical learning of the profession of adults lasts from 6 to 12 months, and the apprentiment to the work of adults lasts from 3 to 6 months.

Article 53b. [ The program by which the adult professional preparation is carried out] 1. The professional preparation of the adults shall be carried out according to the programme aimed at acquiring practical skills and acquiring the theoretical knowledge necessary for the performance of professional tasks, prepared by the employer or institution training in cooperation with the employer.

2. At the time of implementation of the programme, the employer shall appoint a guardian of the participant of the professional preparation of adults, having the qualifications specified in accordance with art 53m.

Article 53c. [ Programme of practical learning of the profession of adults] 1. The practical learning programme of the adult profession shall take into account in particular the requirements set out in the basis of the curriculum training or the standards of requirements which are the basis for the examination of the journeyday.

2. Practical teaching of the profession of adults ends with examinations confirming qualifications in the profession, carried out by the district examination board, in accordance with the provisions of Chapter 3b of the Act of 7 September 1991. an education system, or a journeying examination carried out by the examination boards of the chambers of crafts, in accordance with the provisions on the exams for the titles of the journeying and the master in the profession.

3. The participant of practical instruction of the profession of adults, who passed the exams confirming qualifications in the profession or the exam with positive result, shall receive, respectively, certificates confirming qualifications in the profession or diploma confirming professional qualifications or a certificate of journeying in accordance with the provisions referred to in paragraph 1. 2.

Article 53d. [ Adults for Adults] 1. The adult work apprative programme shall take into account, in particular, the standards of professional qualifications available in the databases conducted by the minister competent for work or the requirements set out in the basis of curriculum training in the professions.

2. Adoption to the work of adults ends with the examination of the examination by the examination board of the craftsman's chamber, the training institution entered in the register kept by the voivodship office or other institution entitled to the conduct of examinations indicated by the starostia.

3. Adoption for adult work may end with examinations confirming qualifications in the profession, carried out by the district examination board, if the program of the upland takes into account the requirements set out in the programming basis education in the professions.

4. A participant in the adult work that has passed:

1) examination of the examination referred to in paragraph. 2 with a positive result, receive a certificate confirming the acquired skills or

2) the exams referred to in paragraph. 3, receive certificates confirming qualifications in the profession.

Art. 53e. [ Time dimension of professional preparation of adults] 1. The time dimension of professional preparation of adults must not exceed 8 hours of clock a day and 40 hours of clock a week.

2. The acquisition of practical skills shall cover at least 80% of the time of professional preparation of adults and shall be carried out by the employer.

3. The employer shall provide the conditions enabling the acquisition of theoretical knowledge by conducting theoretical training directly at one another or directing the participant to the training institution indicated by the starostia. Where the theoretical training is carried out by the training institution, the employer shall be obliged to provide the participant in the professional preparation of the adult time free to participate in the classes provided for in the programme.

4. Where the employer cannot provide the conditions for the completion of a full programme of practical learning of the profession of adults, it is possible to carry out part of this programme by indicated by the apprentice of the Centre for Practical Education or the Centre Set-up training, operating on the basis of the education system regulations, in a dimension not exceeding 20% of the programme time.

Article 53f. [ Giving days to a free participant in the professional preparation of adults] The employer is obliged to give the participant a professional preparation of the adult days free of charge 2 days for each 30 calendar days; for the last month of the professional preparation of the adult employer is obliged to grant the days free before the deadline for the completion of professional preparation of adults.

Article 53g. [ Scholarship] 1. The participant of the adult professional preparation shall be entitled to a scholarship of 120% of the amount of the allowance referred to in Article. 72 par. 1 point 1, paid by the appendix; the provision of art. 80 shall apply mutatis mutandis. For the period for which the grant is entitled, the allowance shall not be granted.

2. The scholarship shall be entitled to the free days referred to in art. 53f.

3. The Starosta does not pay the scholarship for the period of unjustified absences of the participant of the adult professional preparation.

Art. 53h. [ Conditions for reimbursement of the costs of professional preparation of adults] 1. The participant of a professional preparation of an adult who, by his own fault, interrupted the program of this preparation or did not accede to the exam confirming qualifications in the profession, examination of the journeying or examination examination, shall be obliged to reimbursement of costs of this preparation incurred by the Labour Fund, except when the reason for the interruption of the programme of this preparation or failure to take the exam confirming qualifications in the profession, the examination of the journeying or the examination the check was made to take up employment, other gainful employment or economic activities.

2. The participant of the professional preparation of adults, who on his own fault interrupted the program of this preparation, did not join the exam confirming qualifications in the profession, the examination of the journeying or examination examination, may be again registered at the district labour office, not earlier than six months after the date of interruption of the programme or failure to take the examination.

Article 53i. [ Refund of certain expenses incurred by the employer on a participant in a professional preparation] Starosta refunded from the resources of the Labour Fund of the Employer, with whom he concluded an agreement on the implementation of the professional preparation of adults, stipulated in the contract the expenses incurred on the participant of the professional preparation of adults, in particular for materials and raw materials, operation of machinery and equipment, working clothes, regenerative meals and other measures necessary for the implementation of the programme of professional preparation of adults in the dimension up to 2% of the average monthly remuneration for each full month of implementation program.

Article 53j. [ Conditions for granting an employer a one-off bonus from the resources of the Labour Fund] 1. Employers with whom the starosta has concluded an agreement on the implementation of the professional preparation of adults shall be entitled to a one-off bonus from the funds of the Labour Fund upon termination of this form of activation, if directed by the starostess participant of the preparation A professional adult has completed a practical training programme for adult and adult education and has passed the examination referred to in art. 53c ust. 2 or Article 53d ust. 2.

2. The premium shall be granted in the amount of PLN 400 for each full month of the programme of professional preparation of adults, carried out for each directed participant, on the basis of the agreement referred to in art. 53a ust. 3.

3. The amount of the premium referred to in paragraph. 2 shall be subject to valorisation under the rules laid down in Article 72 par. 6.

4. If an agreement on the implementation of the professional preparation of adults has been resolved for reasons beyond the control of the employer, and the person addressed by the appendix has taken the professional preparation of the adult in another employer-the entitled amount of the premium shall be divided between all employers, in proportion to the number of months of the programme of that preparation. The premium shall not be granted to the employer with whom the contract for the implementation of the professional preparation of adults has been terminated with the fault of the employer.

5. The grant shall be awarded to the starosta, who has concluded an agreement with the employer on the implementation of the professional preparation of adults, after stating that the condition set out in the mouth has been fulfilled. 1.

6. The premium shall be granted at the request of the employer filed within 3 months from the date of submission with the result of a positive examination by the participant of the adult professional preparation. The application shall be accompanied by a copy of the diploma, certificate or certificate confirming the fulfilment of the condition laid down in the paragraph. 1.

Article 53k. [ de minimis aid] The refund referred to in Article 53i, and the premium referred to in Article 53j, constitute aid de minimis and are granted in accordance with the conditions for eligibility of aid de minimis .

Article 53l. [ Vocational preparation costs of adults financed by the Labour Fund] 1. Costs of professional preparation of adults covering:

1) the refund of the expenditure incurred on the participant in the professional preparation of adults necessary for the implementation of the programme referred to in Article 53i,

2) a one-off premium granted to the employer referred to in art. 53j,

(3) the affiliation of the training institution for the preparation and implementation of the established part of the programme,

4) the costs of medical and psychological examinations aimed at establishing the ability to participate in the professional preparation of adults,

5) costs of examinations confirming qualifications in the profession, examinations of the journeying or examination exams

-shall be financed by the Labour Fund.

2. In the case where a participant of a professional preparation of an adult has not submitted with the result of a positive examination, the costs of re-entering the exam confirming qualification in the profession, the examination of the journeying or the examination shall not be financed from the resources of the Labour Fund.

3. The Starosta may finance the costs of the journey to the place of professional preparation of adults, and where the professional preparation of the adults takes place in a village other than the place of residence, also the cost of accommodation, according to art. 44 and 45.

Article 53m [ Delegation] The Minister responsible for the work will determine, by way of regulation, detailed conditions, manner and mode of organisation of professional preparation of adults, way of reimbursing the employer of the expenses incurred on a participant in the professional preparation of adults and payment of the premium, the qualifications required of the caregivers of the participants in the professional preparation of adults, the model of the attestation of completion of the adult professional preparation, the conditions and mode of conducting the examination examination and the design of the issued certificates, with a view to the effectiveness of this form of acquisition qualifications and professional skills, and the need to ensure that the aid is compatible with the rules for granting aid de minimis .

Article 54. [ Payment of contributions to pension insurance, disability pension and accident insurance] The old age shall determine and pay, in the amount and on the basis of the separate provisions, the contributions to the pension insurance, the pension and the accident from the scholarships paid on the basis of art. 41 par. 3, art. 53 (1) 6, art. 53g ust. 1 and from the scholarship paid on the basis of Article 42a (a) 5 for the period during which a person undergoing post-graduate studies does not remain in employment, does not perform another gainful employment or does not conduct business activity.

Article 55. [ Conditions for granting a scholarship to an unemployed person without professional qualifications] 1. Unqualified without professional qualification, which, within 12 months from the date of registration in the district labour office, undertook further education in a secondary school for adults, which is a public or non-public school with the authority of the school In the case of non-permanent studies, the old-age study may, at the request of the unemployed person, grant a grant of 100% of the amount of the allowance referred to in Article 4 (1) of the basic Regulation. 72 par. 1 point 1, paid for a period of 12 months from the date of commencence of study.

2. The Starosta may decide to continue paying the scholarship to complete the study in accordance with the curriculum.

3. The scholarship shall be entitled, subject to a failure to exceed the amount of income per person in the family, within the meaning of the provisions on social assistance, entitled to benefits from social assistance. The income does not include the amount of this scholarship.

4. The basis for the payment of the scholarship is either a certificate or a statement made by the unemployed person stating that the study is taken or continued.

4a. The statement referred to in paragraph 1. 4, consists of a rigorous criminal liability 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. The scholarship shall not be entitled in the event of interruption of the study. Article Recipe 73 (1) 5 shall apply mutatis mutandis.

6. The self, whose old age has granted the scholarship referred to in the mouth. 1, shall be entitled to a scholarship of 20% of the allowance referred to in Article 3. 72 par. 1 point 1, from the date of employment, other gainful employment or business activity. Article Recipe 41 par. 3c shall apply mutatis mutandis.

Article 56. [ Reimbursement of costs incurred by the employer for the employment of unemployed persons in the context of emergency work] 1. The Starosta may make from the Labour Fund for up to 12 months the reimbursement of the employer for employment in the context of the full-time employment of the unemployed person paid to the unemployed costs paid to him, prizes and paid social security contributions for the amount previously agreed, but not exceeding the amount of the allowance referred to in Article 4 (1) of the basic Regulation. 72 par. 1 point 1, in force on the last day of each month settled and social security contributions on the remuneration reimbursed.

2. The Starosta may make from the Labour Fund for up to 18 months the reimbursement of the employer for employment in the context of the full-time employment of the unemployed person paid to the unemployed costs paid to him, prizes and paid social security contributions in advance agreed, but not exceeding the minimum remuneration for work and social security contributions from that remuneration, if the reimbursement covers the costs incurred Every other month.

3. The employer shall be obliged, according to the contract concluded, to maintain in employment the unemployed person for the period covered by the reimbursement of wages and social security contributions and the period of 6 months after the end of this refund.

4. Failure to comply with the condition referred to in paragraph. 3, or a breach of the other terms of the contract shall result in the recovery of the aid received, together with the statutory interest charged on the whole of the aid received from the date of receipt of the first refund, within 30 days from the date of service of the call Starosty.

5. In the event of termination of the employment contract by the addressed unemployed person, the termination of the contract of employment on the basis of art. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship to the unemployed during the period covered by the refund, or before the expiry of the period of 6 months referred to in paragraph 1. 3, the starosta directs the vacated job of another unemployed person.

6. In the event of refusal of the unemployed person to be admitted to the vacancy, the employer shall reimburse the aid received in full, together with the statutory interest calculated from the date of receipt of the first refund, within 30 days from the date of service an old age call. In the absence of any possibility for the office of employment to be sent to the vacant post of employment, the employer shall not reimburse the aid for the period in which the unemployed person was previously unemployed in employment.

Article 57. [ Reimbursement of part of the costs incurred by the public works organizer] 1. The Starosta returns to the organiser of public works, who employed the unemployed for up to 6 months, part of the costs incurred on salaries, rewards and social contributions of unemployed persons in the amount previously agreed, however, not exceeding the amount fixed as the product of the number of employees in the month calculated on the full working time and 50% of the average remuneration in force on the last day of employment of each of the month and contributions to social security contributions from refunded remuneration.

2. The Starosta may make, to the extent and on the principles set out in the mouth. 1, reimbursement of the organiser of the public works costs for the employment of the unemployed for a period of up to 12 months, in the amount previously agreed, however, not exceeding the average remuneration and contributions for social security from the reimbursed remuneration for each unemployed person, if the refund covers the costs incurred for the second month of their employment.

3. At the request of the organiser of public works, the starosta may grant advances from the Labour Fund to the payment of wages and the payment of social security contributions.

(3a) The breach of contract conditions for the employment of the unemployed person for the duration of the public works shall be subject to the obligation to reimburse the refunds obtained, together with the statutory interest charged on the whole of the refunds obtained from the day on which the refund was paid receive the first refund within 30 days from the date of service of the call for the starosty. The provisions of Article 4 51 (1) 8 and 9 shall apply mutatis mutandis.

4. Unemployed persons who are maintenance obligations within the meaning of the provisions on assistance to persons entitled to alimony may be directed by the appelage, on the basis of public works, for the execution for up to 6 months of work not related to a professional, in a dimension not exceeding half of the working time dimension, in public institutions and organisations dealing with culture, education, sport and tourism, health care or social assistance.

5. (repealed)

6. The Starosta returns the employer who employed the unemployed aimed at the works referred to in the mouth. 4, part of the costs incurred on salaries, rewards and social contributions of the amount previously agreed, but not exceeding the amount fixed as the product of the number of unemployed persons and half of the minimum wage for the work in force on the last day of employment of each of the monthly accounts, including the social security contribution on the remuneration reimbursed.

Article 58. [ Right to apply for the granting of a pre-retirement benefit] Unemployed persons referred to in Article 49 point 3, after a period of 6 months from the date of registration in the district labour office may apply for the grant of the right to a pre-retirement benefit if they meet the conditions for the acquisition of that benefit, specified in separate provisions.

Article 59. [ Referral to the intervention work of unemployed persons over 50 years of age] 1. The Starosta may refer the unemployed referred to in art. In order to be able to carry out work in the context of the intervention work for up to 24 months, and to make the reimbursement of expenses incurred by the employer on salaries and social security contributions, the employer shall take the form of the

2. The Starosta may refer the unemployed referred to in the mouth. 1, to perform work in the context of the intervention work for the employer for up to 4 years and make the reimbursement of the employer's wage and social security contributions, if it includes the costs incurred for the second the month of their employment.

3. (repealed)

4. If unemployed persons are to work in the context of the intervention work:

1) meet the conditions necessary for the acquisition of the right to a pre-retirement benefit-the refund is granted in the amount of up to 80% of the minimum wage for the work and social security contributions from the refunded remuneration;

2) do not meet the conditions necessary for obtaining a pre-retirement benefit-the refund is granted in the amount of up to 50% of the minimum wage for the work and social security contributions from the refunded remuneration.

5. Rules of Art. 56 par. 3-6 shall apply mutatis mutandis.

Article 59a. [ Disable] The intervention work referred to in Article 1 51, 56 and 59, cannot be organized in county and provincial work offices.

Article 59b. [ List of employers and concluded contracts in the field of employment promotion and labour market institutions] 1. The lists of employers and persons with whom agreements have been concluded in the cases referred to in art. 46 (1) 1 points 1 and 1a, paragraph 1. 1a, art. 47 para. 1, art. 51 (1) 1-4, art. 53 (1) 1, art. 53a ust. 1, art. 56, art. 57 (1) 1, 2 and 4 and art. 59 (1) 1 and 2, shall be made public by the county office of work by hanging them on the bulletin board at the office of the office for a period of 30 days.

2. The county office of work after the end of each calendar year shall, by 31 January, transfer the relevant district labour market to the collective list of employers and the persons referred to in paragraph. 1.

3. The lists referred to in paragraph. 1, should contain:

1) the name of the employer or the name of the person with whom the contract has been concluded;

2) an indication of the type of labour market instrument;

3) the number of jobs created, the internship and the preparation of professional adults.

Article 59c. [ Conditions of admissibility of de minimis aid in the framework of aid granted to employers and entrepreneurs in the context of emergency work] Assistance to employers and entrepreneurs in the context of intervention work, public works or public works referred to in art. 51, art. 56, art. 57 and Art. 59 and as part of a one-off reimbursement of the costs of the paid social security contributions referred to in art. 47, it is granted in accordance with the conditions of admissibility of the aid de minimis .

Article 60. [ Delegation] The Minister responsible for the work will determine, by way of regulation, the detailed way and the mode of organising intervention and public works, a one-off reimbursement of the costs of paid social security contributions incurred in the the employment relationship of the unemployed person, the content of the application for the organisation of public works, the intervention work and the conditions and conditions of the contracts concluded with the eligible employers, having regard to the regularity of the expenditure of the appropriations from the Labour Fund, and the need to ensure that the aid is compatible with the conditions Eligibility of aid de minimis .

Article 60a. [ Grant of a grant for the creation of a job in the form of telework] 1. The Starosta may, on the basis of the concluded contract, grant employers or entrepreneurs the funds of the Labour Fund, hereinafter referred to as "grant", to create a position of work in the form of telework within the meaning of art. 67 5 the Act of 26 June 1974. -Labour Code for the unemployed parent returning to the labour market, having at least one child aged up to 6 years, or an unemployed person who is taking care of a dependent person who, during the 3 years prior to registration at the office of employment, as an unemployed person, he has resigned from employment or other gainful employment due to the need to raise a child or to take care of a dependent person.

2. Grant may not be granted for the creation of a job position for the unemployed:

1) the spouse of the employer or the entrepreneur;

2) the parent of the employer or entrepreneur;

3) the siblings of the employer or entrepreneur;

4) a child of his or her own: employer or entrepreneur, spouse of the employer or entrepreneur, the siblings of the employer or entrepreneur.

3. Grant shall be entitled to the amount specified in the contract concluded with the starostess, not higher than 6 times the minimum wage for the work in force at the date of conclusion of the contract, for each unemployed person.

4. The employer or the entrepreneur shall be obliged, according to the contract concluded, to maintain employment directed to the unemployed person for a period of 12 months on a full-time basis or for a period of 18 months in the middle of the working time dimension.

5. Failure to comply with the condition referred to in paragraph. 4, or the use of a grant not in accordance with the contract, or its non-use, shall result in the obligation to return the grant together with statutory interest accrued from the date of receipt of the grant, within 30 days from the date of service of the call of the starost.

6. The return of the grant shall be:

1) in an amount proportional to the period during which the condition referred to in the mouth. 4 has not been met, together with the statutory interest accrued from the date of receipt of the grant-in the event of failure to comply with this condition;

2) in full with the statutory interest accrued from the date of receipt of the grant-in the case of the use of the grant not in accordance with the contract or its non-use.

7. In the event of termination of the employment contract by the unemployed person, the termination of the employment contract under the article. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship addressed to the unemployed person before the expiry of the period of 12 or 18 months respectively referred to in paragraph 1. 4, the starosta directs the vacant job of another unemployed person.

8. In the event of a refusal to accept a registered unemployed person for the vacated post, the employer or the entrepreneur shall return the grant in the amount specified in the paragraph. 6 point 1. In the absence of any possibility for the office of employment to direct the relevant unemployed person to the vacant post, the employer or the trader shall not reimburse the grant for the period of employment of the unemployed person.

9. Grant is granted in accordance with the conditions of the admissibility of the aid de minimis .

Article 60b. [ The granting of a full-time activation of the activation of the activation of the activation of the activation] 1. The Starosta may, on the basis of the concluded contract, grant the employer an activation of an activation for full-time employment directed by an unemployed parent returning to the labour market after a break related to the raising of the child or an unemployed person who is taking care of a dependent person who, during the 3 years prior to registration in the employment office as unemployed, has resigned from employment or other gainful employment due to the need to raise a child or to take care of a person dependent.

2. The activation shall be granted for a period of:

1) 12 months in the amount of half of the minimum wage per month for each unemployed person to be paid or

2) 18 months in the amount of one third of the minimum wage per month for each unemployed person sent.

3. The employer shall be obliged to continue employing the unemployed person after the expiry of the period of the activation of the activation allowance, for a period of six months, in the case referred to in paragraph. In the case referred to in paragraph 2, point 1, and 9 months in the case referred to in paragraph 1. 2 point 2.

4. In the case of termination by the employer of a contract of employment in the course of favoring the provision of activation or failure to fulfil the condition of keeping the person in employment for the period of 6 or 9 months respectively after the right to do so the employer is obliged to reimbursing all the activation benefits received with the statutory interest accruing from the total amount of the activation benefits received from the date of payment of the first benefit, within 30 days of the date of service of the call for the starost.

5. In the case of retention of employment directed by the unemployed person for the period of the activation of the activation allowance, and for at least half of the period of the required maintenance of employment after the expiry of the right to provide the employer shall be obliged to reimbursement of 50% of the total amount referred to in paragraph 1. 4, within 30 days from the date of service of the call of the starost.

6. In the event of termination of the employment contract by the unemployed person, the termination of the contract of employment on the basis of art. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship of the unemployed person in the course of the activation of the activation allowance, or before the expiry of the period of 6 or 9 months respectively referred to in paragraph 1. 4, the starosta directs the vacant job of another unemployed person.

7. In the event of refusal of the unemployed person to be admitted to the vacant post, the employer shall be obliged to reimburse all the activation benefits received, together with the statutory interest accrued from the total amount of the benefits received on the date of payment of the first benefit, within 30 days from the date of service of the call to the starost. In the absence of any possibility for the office of employment to direct the relevant unemployed person to the vacant post, the employer shall not reimburse the funds obtained for the period of employment of the unemployed person.

8. The activation certificate shall not be entitled to the employer's entitlement to a loan from the Labour Fund to create a workplace for the person who would be covered by the activation certificate.

9. The activation of the activation shall be granted in accordance with the conditions of the admissibility of the aid de minimis .

Article 60c. [ Refund of costs incurred on social security contributions] 1. The Starosta may, on the basis of the concluded contract, reimburse the employer the costs incurred on social security contributions receivable from the employer for the intended to work the unemployed up to 30 years of age, who take up employment for the first time in life.

2. The refund of the costs incurred on social security contributions shall be entitled for a period of up to 12 months in the amount specified in the contract, not higher, however, than half of the minimum wage for the work of the month in force on the day of conclusion contracts, for each unemployed person employed.

3. The employer shall be obliged to continue to employ the unemployed person for a period of 6 months after the end of the reimbursement period of the costs incurred on social security contributions.

4. In the case of termination by the employer of a contract of employment in the course of a refund of the costs incurred on social security contributions or the failure to meet the condition of keeping the person in employment for a period of 6 months accruing after the refund has been fixed, the employer shall be obliged to reimburse all the funds received, including the statutory interest accrued from the full amount of the funds received from the date of payment of the first refund, within 30 days of service of the call Starosty.

5. In the case of retention of employment directed by the unemployed person for the period of obtaining reimbursement of the costs incurred on social security contributions and for at least 3 months after the expiry of the refund period, the employer shall be obliged to reimbursement of 50% of the total amount referred to in paragraph 1. 4.

6. In the event of termination of the employment contract by the unemployed person, the termination of the contract of employment on the basis of art. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship to the unemployed during the period covered by the refund, or before the expiry of the period of 6 months referred to in paragraph 1. 3, the starosta directs the vacated job of another unemployed person.

7. In the event of refusal of the unemployed person to be admitted to the vacant post of employment, the employer shall be obliged to reimburse all the funds received together with the statutory interest accrued from the full amount of the funds received from the date of payment a first refund of the costs incurred on social security contributions within 30 days of the date of service of the call for the starost. In the absence of any possibility for the office of employment to direct the relevant unemployed person to the vacant post of employment, the employer shall not reimburse the funds received for the period of employment of the unemployed person.

8. The refund of the costs of social security contributions shall be granted in accordance with the conditions of admissibility of the aid de minimis .

Article 60d. [ Compensation for the employment of the unemployed person] 1. The Starosta may, on the basis of concluded contract, grant employers or entrepreneurs to finance the remuneration for the employment of an unemployed person who has completed 50 years of age.

2. The payment of remuneration shall be granted for the period of:

1) 12 months-in the case of an unemployed person who has completed 50 years of age and has not completed 60 years or

2) 24 months-in the case of an unemployed person who has completed 60 years of age.

3. The financing of the remuneration shall be entitled to the amount specified in the contract, not higher than half of the minimum wage for the work of the month in force on the day of conclusion of the contract, for each unemployed person employed.

4. The employer or the entrepreneur shall be obliged to continue to employ the unemployed person after the expiry of the period of payment of the remuneration, for a period of six months, in the case referred to in paragraph. In the case referred to in paragraph 2, point 1, and 12 months in the case referred to in paragraph 2. 2 point 2.

5. In the event of failure to comply with the condition referred to in paragraph. The employer or the trader shall be required to reimburse all the funds received, together with the statutory interest accruing from the total amount of the funds received during the period of the remuneration of the employer or the trader. 4. the date of payment of the first payment to the remuneration, within 30 days of the date of service of the call to the starost.

6. In the case of retention of employment directed by the unemployed person during the period of service of the remuneration, and for at least half of the period referred to in paragraph 1. 4, the employer or the entrepreneur shall be obliged to return 50% of the total amount referred to in the paragraph. 5, within 30 days from the date of service of the call of the starost.

7. In the event of termination of the employment contract by the unemployed person, the termination of the employment contract under the article. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship addressed to the unemployed person during the period covered by the financing, or before the expiry of the period of 6 or 12 months respectively referred to in paragraph 1. 4, the starosta directs the vacant job of another unemployed person.

8. In the absence of an adequate unemployed person in the situation referred to in paragraph. The employer or the trader shall not reimburse the remuneration obtained for the period of employment of the unemployed person.

9. The financing of remuneration is granted in accordance with the conditions of admissibility of the aid de minimis .

Article 61. [ Refund of childcare costs] 1. The unworkable referred to in art. In accordance with Article 49 (5), the starosta may, after documenting the costs incurred, reimburse the costs of childcare or children under the age of 7 in the amount agreed, but not more than half of the allowance referred to in Article 49 (2) of the Regulation. 72 par. 1 point 1, for each child for which the costs are incurred, if the unemployed person takes up employment or other gainful employment or is directed at an internship, adult professional preparation or training, and provided that he/she has achieved this title. monthly revenue not exceeding the minimum wage for the work.

2. The refund referred to in paragraph 1 1, shall be entitled to a period of up to six months.

3. In the case of referral to an internship, adult professional preparation or training reimbursement of the costs of taking care of a child or children up to the age of 7 shall take place during the period of the internship, the professional preparation of adults or the training.

4. At the request of the person referred to in the mouth. 1, the starosta can pay an advance payment on the refund of child care costs.

5. The principles set out in the paragraph. 1-4 may also be refuned the cost of the care of the dependent person.

Article 61a. [ The management of the unemployed to an entrepreneur not employing an employee on the basis of the employer's rules] 1. The unworkable may be directed to the holding of internship, professional preparation of adults and for the intervention works to the entrepreneur not employing the employee on the rules provided for employers.

2. The person referred to in art may be referred to the person referred to in Article 4 to the professional preparation of an adult in an entrepreneur who does not hire a worker in the rules provided for by the employer. 43 par. 1 point 3-7.

Art 61b. [ Old-age contract with employment agency] 1. The Starosta may conclude a contract with the employment agency for bringing an unemployed person who is in a special situation on the labour market to undertake employment or other gainful employment on the basis of civil-law contracts, constituting appropriate work, for a period of at least 6 months.

2. The contract referred to in paragraph 2. 1, shall specify in particular:

1) (repealed)

2) the conditions and the mode of transfer of funds of the Labour Fund to the employment agency for bringing an unemployed person to take up employment or other gainful employment on the basis of civil-law contracts;

3. the amount of the funds transferred in the amount not higher than 150% of the average remuneration in force at the date of conclusion of the contract, for one unemployed person;

4) the rules of documenting the fulfilment of the condition referred to in paragraph. 1.

3. The amount of appropriations transferred to the employment agency:

1) on the date of conclusion of the contract referred to in paragraph. 1, may not be higher than 30% of the total amount of the resources of the employment agency;

2) once the condition referred to in paragraph is fulfilled. 1, shall not be less than 50% of this total amount.

4. In the case of failure to comply with the employment agency with the condition referred to in paragraph. The funds transferred to the Agency shall be repaid in proportion to the period during which the condition indicated has not been fulfilled, within 30 days of the date of service of the call to the starost.

5. In the event of a termination of the unemployed employment contract for the reasons referred to in art. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the unemployed civil-law contract before the expiry of the period referred to in paragraph 1. 1, the employment agency shall not be obliged to reimburgo the funds received.

6. During the period of participation of the unemployed person in the activities carried out by the employment agency, in accordance with the contract referred to in paragraph. 2, the district labour office does not address the unemployed other forms of aid referred to in the Act.

Chapter 11a

(repealed)

Art 61c. (repealed)

Art. 61d. (repealed)

Chapter 11b

Loans for job creation and loans to take up economic activity

Art. 61e. [ Loans and consultancy services financed by the Labour Fund] From the resources of the Labour Fund, as well as from the European Union's resources, can be financed:

1) loans for the creation of a job position for the unemployed, including the unemployed person addressed by the county labour office:

(a) the entities referred to in Article 46 (1) 1 (1) and (1a) and (1a) 1a,

(b) nurses or children's clubs, created and operated by natural persons, legal persons and organisational units without legal personality, as referred to in the childcare provisions of the age of 3 years old;

2. loans for economic activity:

(a) the unemployed,

(b) looking for work to graduates of schools and universities, within 48 months of the date of completion of the school or for obtaining a professional title,

(c) students of the last year of study;

3) consultancy and training services aimed at the persons referred to in point 2 who have been granted a loan for taking up economic activity.

Art 61f. [ To take into account the conditions under which de minimis aid is allowed] Loans and consultancy and training services referred to in Article 61e, are granted in accordance with the conditions of admissibility of the aid de minimis .

Art 61g. [ Financial Intermediary] 1. The lending and consultancy and training services shall provide financial intermediaries with the choice of the Bank Gospodarstwa Krajowego.

2. The financial medium may become a bank or financial institution, within the meaning of the Act of 29 August 1997. -Banking law (Dz. U. of 2016 r. items 1988, with late. zm.).

Art. 61h. [ Conditions for granting a loan for the establishment of a working position] 1. A loan for the creation of a position of work shall be awarded on the basis of the contract, at the request of the entity referred to in art. Article 61 (1), after presentation of the cost of the job to be created, at the level specified in the contract, but not more than 6 times the average salary.

2. The percentage of the loan for the creation of the job title is fixed and amounts, on the scale of the year, 0.25 rate of the revisited bills adopted by the National Bank of Poland.

3. The repayment period of a loan for the establishment of a position of employment may not be longer than 3 years, subject to art. 61j ust. 3.

4. The borrower shall not be entitled to a grace in the repayment of the loan for the establishment of the employment position.

5. The payment of the loan for the establishment of the job position shall be made in equal instalments, payable to the bank account of the financial intermediary responsible.

6. The borrower shall not bear the fees and the costs of the loan granted for the establishment of the position of work.

Art 61i. [ Conditions for granting a loan to take up business] 1. A loan for business activity shall be awarded on the basis of the contract, at the request of the person referred to in art. 61e (2), on presentation of the description and the cost of the intended economic activity, in the amount specified in the contract, but not more than 20 times the average remuneration.

2. A loan for business activity may account for up to 100% of the cost of its taking.

3. The repayment period of the loan for business activity may not be longer than 7 years, with the possibility of benefiting from a grace in the repayment of the capital for a period of not more than 12 months.

4. The financial resources of the loan for the taking of business activity shall be paid by the financial intermediary, on the basis of the schedule, after the registration by the borrower of the business activity.

5. Rules of Art. 61 h ust. 2, 5 and 6 shall apply mutatis mutandis.

Art 61j. [ The term of the loan for the establishment of the employment position] 1. Entities who have been granted a loan for business activity may be granted a loan for the establishment of a position of work not earlier than after at least 3 months after the start of the repayment of the loan for the taking up of business activity.

2. Where the borrower uses a grace in the repayment of the capital, the course of the three-month term starts after the end of the grace period.

3. A loan for the creation of a job will increase the debt capital for a loan granted for business activity and its repayment shall be made according to the repayment schedule of the loan granted for business activity.

Article 61 k. [ Requirements for the entities applying for the loan to create a job title] 1. A loan for the establishment of a position of work may be granted to the entities referred to in art. 61 e point 1:

1) non-defaulting instalment of the loan for business activity and loans for the creation of a job position;

2) not overdue with the payment of due social security contributions, health insurance, the Labour Fund or the Guaranteed Employee Benefit Fund;

3) not outstanding with the payment of other public donations;

4) unpunished, in the period of 2 years prior to the application for a loan, for offences against the economic defence, within the meaning of the Act of 6 June 1997. -Penal Code or Law of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment.

2. The job creation cannot be financed at the same time as part of the loan and reimbursement of the costs of the equipment or the retrofitting of the employment position for the unemployed person referred to in art. 46 (1) 1.

Art 61l. [ Requirements for entities applying for a loan to take an economic activity] The loan for economic activity may be granted to the persons referred to in Article 4. 61e (2):

1) unpunished, in the period of 2 years prior to the application for a loan, for offences against the economic defense, within the meaning of the Act of 6 June 1997. -Penal Code or Law of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment;

2. non-employed and non-profit-making other work;

3) not engaged in business activity within 12 months prior to the submission of the loan application.

Art 61m. [ Weksel in blanco as a form of securing repayment and repayment of loans granted] 1. The security of the repayment and repayment of the loans referred to in Article 61e points 1 and 2, is a blank promissory note and a surety of two natural persons.

2. Depending on the assessment of creditworthiness and credit risk, instead of the surety of two natural persons, other security of repayment and repayment of the loans granted may be established.

Art 61n. [ Documents underlying the settlement of loans] The basis for the settlement of the loans referred to in Article 61e points 1 and 2, are paid invoices or other equivalent accounting documents.

Art 61o. [ Reimbursement of unpaid loan amount] 1. The borrower is obliged to make a refund of the outstanding amount of the loan for the creation of a job position or a loan for the taking up of business activity together with the statutory interest accrued from the date of receipt of the loan, within a period of not longer than six months from the day of the call for reimbursement, if he employed the unemployed person's job or pursued an economic activity for less than 12 months, or has violated other terms of the contract.

2. The reimbursement of the unpaid amount of the loan referred to in paragraph. 1, it shall be increased by the amount of the benefit resulting from the interest rate differential of the repaid part of the loan in relation to the interest rate equal to the reference rate calculated in accordance with the methodology set out in the Commission Communication on the amendment methods for setting the reference and discount rates (Dz. Urz. EU C 14, 19.01.2008, p. 6) on the day of receipt of the loan.

3. Where the borrower, subject to the paragraph. 1, in the period up to 36 months, calculated from the first month in which he took up economic activity using the loan funds referred to in art. 61 e point 2 or the first month in which he employed the unemployed, including the unemployed, using the means of the loan referred to in Article 61 (2) (e) of the European Parliament and of the Council of the European Parliament. 61 e point 1:

1) cessation of business activity, or

2) liquidate the created job job for the unemployed, including the unemployed person addressed by the county labour office

-repayment of the outstanding principal of the loan to take up the business or to repay the capital of the loan for the establishment of the job, together with interest rates equal to the reference rate, calculated in accordance with the methodology set out in the Communication from the Commission on the revision of the method for setting the reference and discount rates, calculated from the date of cessation of business activity or on the date of liquidation of the work station created, in accordance with the deadlines adopted in the Loan repayment schedule.

Art 61p. [ Conditions for the redemption of receivables from the loan for business activity] 1. The Minister of competent employment may waive a one-off claim for a loan to take up an economic activity in the amount of the outstanding loan granted for the creation of the first job position for the unemployed person directed by the district labour office, borrower using the loan at the same time to take up the business and the loan for the creation of a job position for the unemployed person addressed by the county labour office, together with interest the date of fulfilment of the condition referred to in paragraph 1. 2 point 1.

2. The terms of the remission referred to in paragraph. 1, are:

1) the maintenance, for at least 12 months, of the first job position for the unemployed person addressed by the county labour office;

2) non-arrears with repayment of the loan instalment for the establishment of a job position for an unemployed person addressed by the district labour office and a loan for taking up economic activity.

(3) The amount of the duty to be remitted, as referred to in paragraph 3. 1, may not exceed the outstanding amount together with interest on the loan for the establishment of the first job.

Art 61q. [ Conditions for the write-off of outstanding loans] The Minister responsible for Labour may cancel all or part of the claims on outstanding loans referred to in Article Points 1 and 2 of Article 61 (e), if the conditions laid down in Article 61 (2) of the 56 or art. 57 point 1 of the Act of 27 August 2009. on public finances (Dz. U. of 2016 r. items 1870, with late. zm.).

Art. 61r. [ Redemption as a form of de minimis aid] The remission referred to in art. 61p, as well as the remission referred to in art. 61q made on the basis of the conditions arising from the Article 56 pt. 5 and art. 57 point 1 of the Act of 27 August 2009. on public finances, constitutes aid granted in accordance with the conditions of admissibility of the aid de minimis.

Art 61s. [ Cooperation of financial intermediaries with HEIs] 1. The financial intermediates shall cooperate with universities, and through them with organizations working for the development of entrepreneurship, in particular academics incubators of entrepreneurship, academic careers offices and centres information and advisory services, in order to ensure that persons applying for a loan for business and borrowers who have been granted such a loan are able to benefit from consultancy and training services.

2. The financial support at the place of service of persons applying for a loan for business activity shall provide those persons with access to the contact details of the institutions referred to in the paragraph. 1, in order to take advantage of business advisory and training services, covering in particular the drawing up of the description and the cost of the project.

3. The borrowers can take advantage of the advisory and training services provided by the institutions referred to in the paragraph. 1, in particular as regards:

1) establishment of economic activities;

2) forms of taxation of the planned business activity;

3) keeping accounting.

4. Consultancy and training services provided to borrowers may be financed from the measures referred to in art. 61e, up to 30% of the average salary per person entitled.

Art. 61t. [ Benefits implemented by Bank Gospodarstwa Krajowego] The Bank of the National Holding shall manage the measures referred to in Article 3. 109e ust. 1, as well as the function of the coordinator of the implementation of the loans and the provision of advisory and training services referred to in art. 61 e.

Article 61 U. [ Tasks Of The Bank Of The Holding] To the tasks of Bank Gospodarstwa Krajowego in the scope referred to in art. In particular, it is necessary to:

1) making the selection of financial intermediaries and concluding agreements with them;

2. the transfer of funds to financial intermediaries;

3) collection of funds for the repayment and recovery of loans and interest rate of free appropriations;

4) monitoring the implementation of loans and ensuring the provision of advisory and training services through financial intermediaries;

5) conducting settlements and making reporting to the minister competent for the work;

6) the development of uniform designs of applications for loans and designs of other necessary documents;

7) the development of uniform format of accounts and reports in the scope of loans granted;

8) control of the control of the execution of loans by financial intermediaries;

9) to give an opinion on the applications for remission of receivables in respect of loans granted before being handed over to the Minister responsible for the work;

10) to monitor the redress of claims on outstanding loans granted by financial intermediaries.

Art 61v. [ Financial Intermediaries tasks] To the tasks of financial intermediaries in the field referred to in art. 61 g ust 1, in particular:

1) examining the applications and concluding agreements on the granting of loans;

2) monitoring the implementation of contracts for granted loans;

3) the current financial support for loans and the calculation of interest on late payment of the loan instalments;

4) an investigation of claims on unpaid loans;

5) the opinion, in the financial and formal terms, of the borrowers ' claims on the write-offs of the loans granted;

6) to give an opinion on the requests for write-offs of loans granted;

7) forwarding Bank Gospodarstwa Krajowego completed and verified in terms of the merits and financial applications for remission of loans;

8) conducting settlements and reporting for the Bank Gospodarstwa Krajowego;

9) provide access to advisory and training services referred to in art. 61 sec. 1;

10) forwarding, on the conclusions of the starostes, information on the results of the monitoring of employment for the required period, the unemployed directed by the district labour offices in the borrowers, in the created jobs.

Article 61 (w) [ Starostow tasks] Cooperation with the Bank Gospodarstwa Krajowego and financial intermediaries, consisting in particular of:

1) the opinion of the applications for a loan for the establishment of a job position for the unemployed person to be sent by the county labour office in respect of the employment of the employment authority concerned with the qualifications necessary for the employment of the unemployed performing work on a job plan to create a job;

2) issuing certificates confirming the possession of the status of unemployed by persons applying for a loan for taking up an economic activity;

3) directing the unemployed to the established posts of work;

4) monitoring, in cooperation with financial intermediaries, employment for the required period, unemployed directed by the district labour offices of the borrowers, in the created jobs.

Article 61x. [ Obligation to inform the unemployed person of employment] 1. The borrower, who has been granted a loan for the creation of a job position for the unemployed person addressed by the county labour office, shall be obliged to inform, with 14 days in advance, the district labour office and the financial intermediary o the employment date of the unemployed person and confirm the employment of the unemployed person, within seven days of the date of his employment.

2. The borrower, who received a loan for the creation of a job position for the unemployed person addressed by the district labour office, is obliged to inform the financial intermediary and the district office of work on termination of the employment contract with the addressed unemployed, not later than within 7 days from the date of its dissolution.

3. Where the county office of work shall within 30 days from the date of receipt of the information referred to in paragraph. 2, shall not direct the unemployed person who meets the requirements of the work station created, the borrower may employ the unemployed person in that position without referral to the district labour office.

Chapter 12

Benefits paid to farmers from work

Article 62. [ Benefits to the insured person with whom the employment relationship has been resolved for reasons relating to the establishment of employment] 1. A self covered by social insurance of farmers, with which the employment relationship or the business relationship has been resolved for reasons concerning the establishment of work and which is not entitled to the benefit:

1. shall have:

(a) the payment of the social security contributions of the farmers during the first four quarters after the termination of the employment relationship or the business relationship,

(b) the scholarship referred to in Article 41,

(c) compensation for insurance against accidents arising in connection with the training, on the basis of the rules laid down for the unemployed;

2. Old-age may:

(a) to finance training costs for the purpose of employment or non-agricultural activities outside the agricultural holding; Article 3 (1) (a) (a) (a) ( 41 par. 6 shall apply mutatis mutandis,

(b) grant the measures referred to in Article 3 on a one-off period. 46 (1) Article 1 (1) (1) (1) (1) (1) (b) (1) (b) (i) of the European Commission and of the European Commission on the application of the provisions

2. The witness shall be granted to the person referred to in the paragraph. 1, if:

1. during the period of 18 months preceding the date of application of the application for the benefit, remained in the employment or service relationship and was remunerated on the basis of the social security contributions and the Labour Fund, equal to at least the minimum remuneration for the work for a period of 365 days, and the ratio has been resolved on grounds relating to the establishment of the work;

2. the tax on the agricultural holding or the special department does not exceed the amount of the agricultural tax of 5 hectares of conversion or, in terms of 1 member of the household not having a fixed non-agricultural source of income, does not exceed the amount of the tax of 1 ha of agricultural conversion.

3. The cover of the contributions referred to in paragraph. 1 point 1 (a) shall consist of the transfer from the Labour Fund to the appropriate social security funds of the farmers, on the basis of the decision of the competent starost on application by the farmer required to pay the contributions, the amounts receivable from the title individual quarterly instalments. This benefit shall be granted from the nearest quarterly instalment, the maturity of which shall be after the date of termination of the employment relationship or of the business relationship.

3a. In the case of an application by the farmer, the application referred to in paragraph 1 shall be made. 3, after the due date of the first quarterly instalment, the cover of the social security contributions of the farmers shall be entitled to four quarters of the following quarter after the quarter in which the application was submitted.

4. The measures referred to in paragraph 1. 1 point 2 (b), constitute aid de minimis and are granted in accordance with the conditions for eligibility of aid de minimis .

Chapter 12a

Activation and Integration Programme

Article 62a. [ Implementation of the Programme of activation and integration] 1. The district office of work alone or in cooperation with the centre of social assistance can initiate activities in the scope of professional activation and social inclusion of the unemployed, which are carried out under the Programme of Actuation and Integration.

2. The participation in the Programme of activation and integration shall be the unemployed persons for whom the aid profile III is established, benefiting from social assistance, in particular implementing the social contract referred to in the provisions on aid. I.

3. The Programme of Actuation and Integration, after an opinion by the district labour market council, is carried out by the district labour office in cooperation with the centre of social assistance, social employment entities carried out by individuals local government or bodies carrying out statutory activities for the integration and reintegration of occupational and social persons at risk of social exclusion or countering dependence and social pathologies, in accordance with the provisions of about the activity of the public benefit and about the volunteer.

4. The activities in the field of occupational activation of the unemployed are carried out by the district labour office in the framework of socially useful work referred to in art. 73a.

5. Activities in the field of social integration of the unemployed, for shaping the active attitude in social and professional life, can be implemented in particular through group specialist counselling, trainer workshops and support groups, in at least 10 hours per week.

6. Activities in the field of social inclusion of unemployed persons may be carried out by the centre of social assistance or the entities referred to in the paragraph. 3.

7. Implementation of the Programme of Actuation and Integration by the Social Assistance Centre or social employment entities carried out by local government units shall be carried out on the basis of an agreement on the implementation of the Programme concluded with the district the office of work, which shall specify in particular:

1) the selection criteria and the number of unemployed;

2) activities in the field of social inclusion of the unemployed, carried out by the centre of social assistance;

3) the period of realization and anticipated effects, with the use of gauges allowing to assess individual effects;

4) the amounts and sources of financing of operations;

5) the manner of monitoring and the scope of monitoring.

8. Social integration activities of the unemployed, implemented by the centre of social assistance or social employment entities carried out by local government units, are financed by the municipal budget resources and may be co-financed from the funds of the Labour Fund and the European Social Fund.

9. In the absence of an agreement with the social assistance centre, the agreement referred to in paragraph 1. 7, the District Labour Office under the resources of the Labour Fund may commission the implementation of social integration activities of the unemployed entities referred to in the paragraph. 3.

10. The order of implementation of the activities in the field of social integration of the unemployed shall take place after an open competition of tenders, on the basis and in the mode specified in the regulations on the activities of the public benefit and of the voluntary service.

11. The implementation of the social inclusion activities of the unemployed shall be carried out on the basis of an agreement, which shall specify in particular:

1) the number of unemployed;

2) the scope of activities and the period of their implementation;

3) predicted effects, with the use of gauges allowing to assess individual effects;

4) the amount and mode of transfer of the resources of the Labour Fund entitled to the implementation of social inclusion activities;

5) the principles and scope of documentation of the social inclusion activities undertaken against the unemployed;

6) the manner of control and the scope of monitoring.

12. In the absence of an agreement with the social assistance centre, the agreement referred to in paragraph 1 shall be provided. 7, the district labour office shall conclude a cooperation agreement with the social assistance centre under which the parties agree on the criteria for selecting the unemployed into the Acknowledge and Integration Programme and the scope and manner of exchange of information on its participants.

Article 62b. [ Tasks performed by the office of work after the end of the Programme] 1. The implementation of the Programme of Activization and Integration takes 2 months.

2. After the completion of the Programme, the Actuation and Integration of the District Labour Office may:

1) decide to re-direct the unemployed person to participate in the activation and integration programme, however, no longer than for a total of up to 6 months, or

2) to direct the unemployed, in consultation with the social assistance centre, to the employment supported by the employer on the basis of the rules on social employment, or to work in a social cooperative assumed by legal persons, o which is referred to in the provisions on social cooperatives, or

3) re-establish the aid profile and, in the case of a change of profile, immediately adjust the individual action plan and submit to the unemployed the aid proposal specified in the Act.

3. During the period of the participation of the unemployed in the Programme of activation and integration of the district labour office, the office of work does not direct the unemployed other forms of assistance referred to in the Act.

Article 62c. [ The bodies financing the actions of the Programme] 1. The Activization and Integration Programme shall be financed from the resources of the Labour Fund and the budget of the municipality.

2. The amount of resources of the Labour Fund for the implementation of the Programme of Activization and Integration referred to in art. 109 (1) 8a, may be increased, at the request of the starost, of the funds from the reserve of the Labour Fund at the disposal of the Minister responsible for the work.

3. The amount of expenditure allocated to the Labour Fund for the financing of the activities referred to in art. 62a par. 8 and 9, is determined taking into account the hourly rate of the trainer's work with a 10-person unemployed group, at a height of not more than 70 zł.

Chapter 13

(repealed)

Article 63. (repealed)

Article 64. (repealed)

Article 65. (repealed)

Article 66. (repealed)

Chapter 13a

Special programmes

Art. 66a. [ Special Programmes] 1. The Starosta alone or in cooperation with other authorities, organisations and entities dealing with the labour market and employers, for the professional activation of the persons referred to in art. 49a, initiates and implements special programs.

2. Special programmes shall be carried out after the opinion of the district labour market council.

3. Special programmes shall be financed by the Labour Fund, set up according to the algorithm, allocated to the financing of tasks in the district and may be supported by other means.

4. The total amount of expenditure incurred in the financial year for the implementation of special programmes shall not exceed 10% of the amount of the resources of the Labour Fund, fixed in accordance with art. 109 (1) 8, with a view to financing in the previous year programmes for the promotion of employment, mitigation of the effects of unemployment and professional activation.

5. The maximum amount of the Labour Fund resources allocated under one special programme per activity per participant shall be 10 times the average remuneration in force on the date of application of the programme. special.

6. The total amount of expenditure incurred on specific elements supporting employment, associated with the implementation of the special programme, shall not exceed 20% of the amount of the Labour Fund appropriations earmarked for the implementation of the special programme.

7. Where the amount of the measures planned for the implementation of the special programmes exceeds 10% of the amount of the Labour Fund resources referred to in paragraph. 4, the minister responsible for labour may, at the request of the starost, grant additional appropriations from the reserve of the authorising officer of the Labour Fund for the implementation of the special programmes, the expenditure of which shall not be included in the expenditure referred to in paragraph 4. 4.

8. Labour market instruments or labour market services carried out by work offices under the special programme shall be financed from the resources of the Labour Fund within the scope set out in art. 108 (1) 1.

(9) Special programmes may cover a period of more than one financial year.

10. The special programme may be carried out by the county office of work by itself or in cooperation with the employer or entity specified in art. 24 ust. 1.

(11) A special programme may be commissioned to the body referred to in Article 3. 24 ust. 1, where:

1) it is not possible to implement a special programme in its own right or

2) the order of the special programme will ensure that its implementation is more effective.

12. When ordering the implementation of the special programme, the entities referred to in paragraph. 10, the provisions of art. 24 ust. 1a-4 laying down requirements for the outsourcing of labour market services shall apply mutatis mutandis.

Article 66a 1 . [ Principles of de minimis aid] Where an element of a special scheme is intervention, public works or a single refund of the costs of social security contributions in relation to the employment of the unemployed, the aid in this respect shall be granted for the purpose of Aid rules de minimis .

Article 66b. [ Delegation] The Minister responsible for the work will determine, by regulation, the detailed rules for the organisation and implementation of the special programmes, the scope of their application, the way in which the programme participants are to be selected and selected and the way in which the programmes are financed. The Labour Fund, with a view to the compatibility of the expenditure on the aid rules de minimis .

Chapter 13b

Regional programmes

Article 66c. [ Scope of regional programme] 1. Marshal of the voivodship initiates regional programs.

2. Regional programs can be initiated at the request of starostów, provincial labour market council or the provincial council of social dialogue.

3. The regional programme shall be initiated on the basis of the diagnosis of the situation on the labour market made on the basis of analyses and forecasts concerning in particular:

1) the situation of the unemployed in the labour markets of the voivodship, powiats and municipalities;

2) the need for employers to be qualified in the regional labour market;

3) labour mobility.

4. The regional programme shall include at least one of the priorities to be adopted in the framework of the Regional Employment Action Plan, in line with the priorities of the labour market policy of the country as presented in the National Action Plan.

5. The regional programme shall be carried out by the voivodship office in agreement with the district labour offices.

6. On the basis of the diagnosis of the situation in the labour market of the voivodship the office of work defines the groups of the unemployed, for whom it is necessary to prepare the regional program, and make a selection of the counties with the highest proportion of these unemployed in the unemployed in the county.

7. The voivodship office shall transfer to the district labour offices provided for the participation in the regional programme of the establishment of the regional programme, covering in particular:

1) the diagnosis of the situation in the voivodship labour market, taking into account the situation in particular districts and municipalities;

2. the list of powiats proposed for the regional programme;

3. Proposed:

(a) the number and structure of the regional programme participants in the respective districts,

(b) the amount of the Labour Fund resources per participant of the regional programme,

(c) the amount of the Labour Fund appropriations for individual powiats;

4) the expected performance indicators of the regional programme for individual counties.

8. Following the acceptance of the assumptions of the regional programme by the district appendix, the office of work prepares a proposal for the activities to be covered by the participants of the regional programme in the district.

9. Voivodship labour office in cooperation with the district labour office:

1. agree on the scope of the activities to be covered by the participants in the regional programme and the envisaged indicators of the efficiency of the regional programme for the district;

2. undertake an analysis of the factors which could adversely affect the effectiveness of the regional programme in the district and agree on the measures necessary to take the action necessary to address the threat of the regional programme in the district.

10. The basis for the implementation of the regional program is the agreement concluded between the voivodship office and the district labour offices, which determines in particular:

1) a list of the counties on which the regional programme will be implemented, and a justification for the selection of these counties;

2) the number and structure of the participants of the regional programme, in total and separately for individual counties;

3) the scope of activities planned to be implemented within the framework of the regional programme in individual districts;

4) the cost of the regional programme, total and separately for the individual counties and the source of financing;

5) performance indicators, overall for the regional programme and separately for individual counties;

(6) factors which may adversely affect the effectiveness of the regional programme and the measures necessary to address the threat of implementation of the regional programme.

11. Regional programmes shall be financed from the resources of the Labour Fund referred to in Article 3. 109 (1) 2a, and may be supported by other means.

12. Marshal of the voivodship monitors the implementation of the regional programme in individual districts, including the implementation of the activities necessary to take on the occurrence of the threat of implementation of the regional programme.

Chapter 13c

Outsourcing of activation activities

Art. 66d. [ Outsourcing activities] 1. Marshal of the voivodship under the funds of the Labour Fund referred to in art. 109 (1) 2b, may order the implementation of the activation activities of the employment agency, implementing the work placement service for at least the previous calendar year, confirmed in the complex marshal of the Voivodship Information on the activities of the employment agency, hereinafter referred to as 'the realiser'.

2. The Marshal of the voivodship shall contain with the chosen realization and with the district labour offices the contract, hereinafter referred to as the "contract for the provision of activation activities".

3. The activation activities shall include the long-term unemployed, including the unemployed, for which the aid profile II or the aid profile III is established.

4. The realiser shall be guided by no less than 200 unemployed persons referred to in paragraph 1. 3, registered in one district labour office.

5. The activation activities, provided as part of the contract for the provision of activation activities by the realizator to the employer, shall be financed by the means of the realizator.

6. The gross remuneration payable to the realization of a single unemployed person shall not exceed three times the average remuneration in force on the day of the contract for the provision of activation activities.

Art. 66e. [ Scope and conditions of activation of activation activities] 1. The voivodship office shall perform within the voivodship selection of powiats, from which the unemployed persons referred to in art are being directed. 66d ust. 3, to the realizator in this voivodship.

2. In particular, the district labour offices are selected for the activation of the activation activities, which on 31 December of the year the previous percentage of the participation of the employees of the District Labour Office in the function of the client's adviser was chosen. total employment less than 5 percentage points below the average percentage of the employee's share in all the district labour offices or have reached an index of the number of unemployed persons per one an employee of the district labour office acting as a client adviser to a level higher than 15% above the average ratio of the number of unemployed persons obtained in all the district labour offices.

3. The Provincial Labour Office in cooperation with the District Labour Officials shall agree on the scope and conditions of the activation of the activation activities, covering in particular:

1) the groups, the number and structure of the unemployed planned to be included in the activation activities;

2) the conditions and duration of the implementation of the commissioned activation activities, adequate to the needs of the unemployed group.

4. The Provincial Labour Office prepares and conducts the procedure of selecting the realizator.

Art. 66f. [ Agreement on the provision of activation measures] 1. The contract for the provision of activation activities shall specify in particular:

1) the conditions for realization of activation activities by the realizator;

2) the number of unemployed persons who will be directed to the realizator;

3) the conditions of recruitment and supplementary recruitment of the unemployed, who will be directed by the county office of work to the realiser;

4) the mode of directing the unemployed by the district labour offices to the realiser;

5) the scope of the data of the unemployed, transferred to the realization by the district labour office, in accordance with the provisions on personal data protection, covering:

(a) first and last name,

(b) the PESEL number,

c) place of residence,

(d) qualifications, powers and professional experience;

6) the period of implementation of the activities of the activation of the unemployed;

(7) the amount of the employment effectiveness index and the amount of the employment maintenance index to which the realist is required and the obligation to reimburse the measures referred to in Article 3 (1) of the Regulation. 66j, in the event of failure to achieve these indicators;

(8) the maximum gross wage due to the realitor;

9) conditions and mode of transfer of funds to the Work Fund to the realitor;

10) how to document the fulfilment of conditions entitling the realizator to receive the remuneration;

11) the scope and way of documenting the activities carried out by the realiser to the unemployed;

12) the way in which information about the execution of the outsourced activation activities is communicated between the parties;

13) the actions planned to be taken in the event of the occurrence of the threat of implementation of the activation action order;

(14) the extent of the liability of the parties in the event of non-performance or improper performance of the contract for the provision of activation activities.

2. Marshal of the voivodship may control the district labour offices and the realiser in compliance with the provisions of the contract for the provision of activation activities.

3. The reser is obliged to provide the marshal of the voivodship with data and documents and provide explanations on matters within the scope of the control, in particular concerning the documentation of activation activities, the fulfilment of conditions entitling to the the payment of the remuneration, the employment performance indicators achieved and the maintenance of employment.

4. The county labour office is obliged to provide the marshal of the voivodship with data and documents and provide explanations on matters within the scope of the control, in particular concerning the recruitment and management of the unemployed to the realizator.

5. To the control carried out by the Marshal of the voivodship the provisions of art. 111 shall apply mutatis mutandis.

6. The Marshal of the voivodship shall send the Minister responsible for the work of the work of information on:

1) carried out in the voivodship procedure of the activation of the activation activities, immediately after its completion;

2) the scope and effectiveness of commissioned activation activities and their impact on regional and district labour markets, immediately after the completion of the implementation of the contract for the provision of activation activities;

(3) the results of the checks referred to in paragraph 1. 2, immediately after it is completed.

Article 66g. [ The management of the unemployed person to the realiser] 1. The county labour office shall recruit and direct the unemployed to the realiser in the mode and under the conditions stipulated in the contract for the provision of activation activities.

2. The management of the unemployed person to the realiser shall not result in the loss of the unemployed status.

3. During the period of the participation of the unemployed in the activities provided by the realizator in the framework of outsourcing activities of the district labour office does not direct to the unemployed other forms of assistance referred to in the Act.

Art. 66h. [ Obligations of the realiser] 1. The Realizator shall be obliged to:

1) the implementation of the activities against the unemployed in accordance with the contract for the provision of activation activities;

2) ensuring the handling of the unemployed in the locality of the district office of the office in which they are registered;

3) obtaining the employment efficiency index at least at the level resulting from the contract for the provision of activation activities, fixed as the ratio of the number of unemployed persons who, as a result of the activities of the realization, took up and maintained the appropriate work or business activity for a period of at least 14 days, to the number of unemployed persons who, on the basis of the referral of the district labour office, have reported to the realiser; the employment performance ratio is determined by the state on the first day after the period of 14 days from the date of completion of the activation of the activation measures, specified in the contract for the provision of activation activities;

4) obtaining the livelihood of employment at least at the level resulting from the contract for the provision of activation activities, fixed as the ratio of the number of persons, which after 90 days from the day of taking the appropriate work or activity economic as a result of the activities of the realizator still remain in employment, to the number of unemployed persons addressed to employment by the realizator; the employment maintenance rate is determined by the state on the first day after 90 days from the day the completion of the implementation of the activation activities, as defined in the contract of activity activisation;

5) the immediate written transfer of information to the voivodship and the district office of information affecting the status of the unemployed.

2. The realizer during the period of implementation of the activation activities shall inform the district labour office of:

1) becoming or not becoming unemployed by a county labour office;

2) undertaken by the unemployed person's appropriate work or business activity;

3. interruptions or abandonments by the unemployed person from participation in animation activities and of the reasons for these cases.

3. The Realizator is obliged to document the activities of activation of the unemployed.

Art. 66i. [ Remuneration for activation of activation activities] 1. For the execution of the activation activities, the realization shall be entitled to the remuneration stipulated in the contract for the provision of activation activities.

2. The gross remuneration for one unemployed person shall be paid up to a maximum of 4 parts:

1) 20% of the gross remuneration-for the diagnosis of the occupational situation of the unemployed and the design of the activation activities aimed at taking on the unemployed the appropriate work or business activity, hereinafter referred to as " I part salaries ";

2) 20% of the gross remuneration for bringing the unemployed person to take the appropriate work or business activity lasting for a period of at least 14 days, hereinafter referred to as "II part of the remuneration";

3) 30% of the gross remuneration-for the maintenance by the unemployed person of the appropriate work or business activity undertaken as a result of the activities of the realiser, for a minimum period of 90 days, hereinafter referred to as "III part of the remuneration";

4) 30% of the gross remuneration-for the maintenance by the unemployed person of the appropriate work or business activity undertaken as a result of the activities of the realizator, for a minimum period of 180 days, hereinafter referred to as "IV part of the remuneration".

3. The remuneration shall be paid at the request of the realizator, submitted to the voivodship office together with the documents confirming the fulfilment of the condition entitling to payment of remuneration.

4. The fulfilment of the condition entitling to payment of remuneration shall take place in the case of:

1) And the part of the remuneration-not later than the date of completion of the implementation of the activation activities, specified in the contract for the provision of activation activities;

2) the second part of the remuneration-not later than 14 days from the date of completion of the implementation of the activation activities, specified in the contract for the provision of activation activities;

3) the third part of the remuneration-not later than 90 days from the date of completion of the implementation of the activation activities, as defined in the contract for the provision of activation activities;

4) IV part of the remuneration-not later than 180 days from the date of completion of the implementation of the activation activities, specified in the contract for the provision of activation activities.

5. The application referred to in paragraph 1. 3, is folded not more often than once a month.

Art. 66j. [ Reimbursement of funds by the realiser] 1. In the event of failure to achieve:

1) the employment efficiency ratio at least at the level specified in the contract for the provision of activation activities, the realizator shall reimbursing the appropriations in the amount determined according to the following formula:

From 1 = K 1 × ( Inlet - All );

where the meaning of individual symbols is as follows:

From 1-amount of return,

K 1-the sum of I and II of the part of the remuneration received by the realizator,

Inlet -the declared rate of employment effectiveness,

All -the employment efficiency ratio achieved;

2) the livelihood rate in employment at least at the level specified in the contract for the provision of activation activities, the realizator shall reimburse the appropriations in the amount determined according to the following formula:

From 2 = K 2 × ( Wuz - Wuzo)

where the meaning of individual symbols is as follows:

From 2-amount of refund,

K 2-sum of III parts of salaries received by the realizator,

Wuz- the declared employment rate,

Wuzo- the rate of maintenance achieved in employment.

2. The reimbursement of the measures referred to in paragraph 2. 1, they shall take place within 14 days from the date of service of the call for their return.

Chapter 13d

Additional instruments addressed to the unemployed up to 30 years of age

Article 66k. [ Training Voucher] 1. At the request of the unemployed person up to 30 years old, the starosta may grant a training voucher providing a guarantee to direct the unemployed person to the training indicated by him and to pay for the costs to be incurred in connection with the training.

2. The award and implementation of the training voucher shall take place on the basis of an individual action plan and the firm's prima facie evidence of employment, other gainful employment or business activity.

3. The term of validity of the training voucher determines the starosta.

4. Within the framework of a training voucher, the starosta shall finance the unemployed, up to 100% of the average remuneration in force on the day of the award of the training voucher, the costs:

1) one or more trainings, including the cost of the qualification of the vocational course and the course conferring the professional authority-in the form of a deposit on the account of the training institution;

2) the necessary medical or psychological examinations-in the form of a deposit to the account of the contractor of the study;

3. the training journey, in the form of a lump sum paid out to the unemployed:

a) up to 150 PLN-in the case of training lasting up to 150 hours,

b) above 150 PLN to 200 PLN-in the case of training lasting more than 150 hours;

4. accommodation, if the classes are held outside the place of residence-in the form of a lump sum paid to the unemployed in the amount of:

a) up to 550 zł-in the case of a training lasting less than 75 hours,

b) above 550 PLN to 1100 zł-in the case of training lasting from 75 to 150 hours,

c) above 1100 PLN to 1500 PLN-in the case of training lasting more than 150 hours.

5. The Starosta shall finance the costs referred to in the paragraph. 4, up to the amount specified in the training boon, and the unemployed cover the costs exceeding this limit.

Art. 66l. [ Bon-Bon] 1. At the request of the unemployed person up to 30 years of age, an old age may be awarded a certificate of order for the employer designated by the unemployed person for a period of 6 months, provided that the employer is committed to employability of the unemployed person. after the internship for a period of 6 months.

2. The award of the internship voucher shall be made on the basis of an individual action plan.

3. The term of validity of the internship voucher is determined by the starosta

4. [ 37] Employers who hire the unemployed by the declared period of 6 months, the old-age pension will pay the premium in the amount $1,500 .

5. The premium constitutes aid granted in accordance with the conditions of admissibility of the aid de minimis .

6. In the framework of the steel battalion, the starosta finances:

1) [ 38] the cost of the journey to and from the place of the internship-in the form of a lump sum, up to the amount $600 , paid out to the unemployed in monthly tranches in the amount of $100 , including the scholarship;

2) the costs of the necessary medical or psychological examinations-in the form of a deposit on the account of the contractor of the study.

7. The amount of the premium referred to in paragraph. 4, and the maximum amount of the lump sum referred to in paragraph 1. Article 6 (1) shall be subject to valorisation under the rules laid down in Article 4 72 par. 6.

8. The Minister competent for the work, on the basis of the message of the President of the Central Statistical Office, announces, by means of a notice in the Official Journal of the Republic of Poland "Monitor Polski", the amount of the bonus and the cost of the crossing after the valorisation.

9. The internship in the framework of the station-oriented framework of the art legislation. 53 (1) 1 and paragraph 4-8 and art. 61a (1) 1 shall apply mutatis mutandis.

Art. 66m. [ Bon Hiring] 1. At the request of the unemployed person up to 30 years of age, the starosta may award a voucher.

2. The employer shall provide the employer with a guarantee of reimbursement of part of the costs of remuneration and social security contributions in connection with the employment of the unemployed, to whom the county office of work awarded this voucher.

3. The award of the employment voucher shall take place on the basis of an individual action plan.

4. The term of validity of the employment voucher shall be determined by the starost.

5. Employer under the employment voucher shall be obliged to employ the unemployed person for a period of 18 months.

6. The implementation of the employment voucher shall be made on the basis of a contract concluded by the apprenter with the employer.

7. The Starosta refunded the employer part of the costs of the remuneration and social security contributions, for a period of 12 months, in the amount of the allowance referred to in art. 72 par. 1 point 1.

8. The employer shall be obliged to continue employing the unemployed person for a period of 6 months after the end of the refund period.

9. In the event of the employer's failure to employ the unemployed person for a period of 18 months, the employer shall return:

(1) the amount of the refund received, including interest accrued from the date of receipt of the first refund, where the failure to comply with the obligation occurred within 12 months of the day of employment of the unemployed person, or

2. the amount fixed in proportion to the period of non-maintenance of employment, together with the statutory interest calculated from the date of receipt of the first refund, if the failure to comply with the obligation took place during the period referred to in paragraph 1. 8.

10. In the event of termination of the employment contract by the unemployed person, the termination of the contract of employment on the basis of art. 52 of the Act of 26 June 1974. -The Labour Code or the termination of the employment relationship of the unemployed employer shall not reimburse the refund received for the period of employment of the unemployed person.

11. The refund referred to in paragraph 1 7, constitutes aid granted under the conditions of admissibility of the aid de minimis .

Art. 66n. [ Bon na iedlen] 1. At the request of the unemployed person up to 30 years of age, the starosta, on the basis of the contract, may grant a voucher for resettlement in connection with the taking up by him outside the place of the existing residence of employment, other gainful employment or business activity, if:

(1) in respect of their performance, they shall be remunerated or assigned revenue of at least the gross minimum wage per month, and shall be subject to social insurance;

2. distance from the place of residence to the place where the unemployed person in connection with the establishment of employment, other gainful employment or business activity is at least 80 km or the time of commute to that village and the return to the place of residence of the collective means of transport exceeds a total of at least 3 hours per day;

3) will remain in employment, perform another gainful employment or will conduct business activity for a period of at least 6 months.

2. Measures of the Labour Fund allocated under the voucher for resettlement, at the amount specified in the contract, not higher than 200% of the average wage for the work, shall be devoted to covering the costs of residence connected with taking up employment, another commercial work or business activity.

3. The unworkable, who received a voucher for the resettlement, shall be obliged within the time limit:

1) to 30 days from the day of receipt of the voucher for the settlement provide to the district office of work a document confirming the taking up of employment, other gainful employment or business activity and a declaration of fulfilment of the condition referred to in the paragraph. 1 point 2;

2) to 7 days, respectively from the day of loss of employment, other gainful employment or cessation of business activity and from the day of taking up new hiring, other gainful employment or business activity, present the district an official statement of the loss of employment, other gainful employment or cessation of economic activity and the taking up of new employment, other gainful employment or business activity and a declaration of fulfilment of the condition, referred to in paragraph 1 1 point 2;

3) to 8 months from the date of receipt of the voucher for the resettlement document the stay in employment, the performance of other gainful employment or the pursuit of business activity for a period of 6 months.

4. The documents and statements referred to in paragraph. 3, may be transmitted in particular through the postal operator within the meaning of the provisions on postal law or in electronic form to the electronic inbox of the competent office of work.

5. In the event of failure to comply with the obligation referred to in paragraph. 3:

1. points 1 and 2-the amount of the voucher to be settled shall be repaid in full within 30 days from the date of service of the call of the starost;

2. point 3-the amount of the voucher to be settled shall be repaid in proportion to the period of the employment, other gainful employment or business activity within the period of 30 days from the date of service of the call for payment of the voucher Starosty.

Chapter 14

Instruments for human resource development

Article 67. (repealed)

Article 68. (repealed)

Article 69. (repealed)

Art. 69a. [ Actions financed by KFS] 1. The resources of the Labour Fund in the form of KFS shall be devoted to the financing of activities for the provision of lifelong learning of workers and employers.

2. The district labour offices may allocate KFS funds to finance activities covering:

1) continuing education of employees and employers, consisting of:

(a) determine the employer's continuing training needs in relation to the application for the financing of this training from the KFS,

(b) courses and postgraduate studies carried out at the initiative of the employer or with his consent,

(c) examinations enabling the acquisition of documents confirming the acquisition of skills, qualifications or professional powers,

(d) medical and psychological examinations required for the taking up of vocational education or work after completion of education,

(e) insurance against accidents in connection with the training undertaken;

2) determining the demand for jobs in the labour market;

3) a study of the effectiveness of the support provided by the KFS;

4) promotion of KFS;

5) consultations and counselling for employers in the use of KFS.

3. Actions financed by the KFS, referred to in paragraph 3. 2 points 2 to 5, may also be carried out by the Minister of the competent labour affairs or the provincial labour offices.

Article 69b. [ The amount of resources allocated to the KFS for the financing of the costs of continuing training for employees and employers] 1. At the request of the employer, on the basis of the contract, the starosta may grant the funds from KFS to finance the costs referred to in art. 69a par. 2 points 1, 80% of those costs, but not more than 300% of the average salary in a given year per participant and, in the case of micro-enterprises, of 100%, but not more than 300% of the average salary in a given year on one participant.

(2) The measures provided by the KFS to the employer for the financing of the costs of continuing training constitute aid granted under the conditions of admissibility of the aid. de minimis .

3. The employer shall include with the staff member to whom the costs of continuing education will be financed, a contract specifying the rights and obligations of the parties.

4. An employee who has not completed the continuing education financed by the KFS funds because of the termination of his employment contract or termination of the employment contract with him on the basis of art. 52 of the Act of 26 June 1974. -The Labour Code is obliged to reimbursing the employer of the costs incurred, on the basis of the contract with the employer referred to in the paragraph. 3.

5. In the case referred to in paragraph. 4, the employer returns the starost of the KFS funds spent on continuing education of the employee, on the basis stipulated in the contract referred to in the paragraph. 1.

6. The Starosta may carry out checks at the employer in respect of compliance with the provisions of the contract referred to in the paragraph. 1, the expenditure of KFS resources in accordance with the intended purpose, the proper documentation and the settlement of the funds received and expenditure, and may, for this purpose, request data, documents and explanations on matters covered by the scope of the control. For the control carried out by the appendix of the art provisions. 111 shall apply mutatis mutandis.

7. The Minister of competent employment shall determine, by way of regulation, the detailed manner and mode of allocation of the funds from the KFS, including:

1) the scope of the information necessary to draw up an application for the allocation of funds from the KFS,

2) the elements of the contract referred to in the paragraph. 1

-having regard to the appropriateness of the expenditure of the measures and the need to ensure that the aid granted is compatible with the conditions of admissibility of the aid de minimis .

Article 70. [ Agreeing with the district labour office and the form of assistance for redundant workers] 1. The employer intending to release at least 50 employees over a period of 3 months shall be obliged to agree with the district labour office competent for the seat of that employer or the competent authority due to the place of work of the work of the scope and form of assistance for workers being made redundant, including disabled workers, concerning in particular:

1. placement of work;

2. professional counselling;

3) training.

4) (repealed)

2. In the case of the dismissal of the monitored employer, the employer is obliged to take action to provide the employees to be granted an exemption or being in the process of termination or within a period of 6 months after termination of the employment relationship or the ratio the services of the labour market in the form of a programme.

3. The programme can be implemented by the district labour office, the employment agency or the training institution.

4. The programme can be financed:

1) by the employer;

2) by the employer and the relevant public administration units;

3) on the basis of an agreement of organizations and legal persons with the participation of the employer.

5. Employers, under the scheme referred to in paragraph. 2, may, at the request of the staff member, finance the training benefit.

6. The training provision shall be granted by the employer at the request of the employee and shall be entitled after termination of the employment relationship or business relationship for the duration of the employee's participation in trainings, for a period of not more than 6 months.

(7) During the period of use of the training allowance, the staff member concerned shall be entitled to professional counselling assistance provided by the district labour office responsible for the work of the exempted staff member. This employee may be directed at one-off training organized and financed by the district labour office, in accordance with the principles set out in the Act.

8. After the employer's granting of the training allowance, the office of work shall reimburse employers ' contributions to the pension and pension insurance financed by the employer's own funds, in the amount specified in the separate provisions.

9. The employer shall pay monthly to the dismissed employee, on the basis of the contract concluded with him, starting from the month in which the employee began his training, providing training in the amount equal to the salary of the employee, calculated on the basis of the leave rest, however, not more than 200% of the minimum wage for the work.

Chapter 15

Unemployment benefits

Article 71. [ Allowance] 1. The right to an allowance shall be entitled to an unemployed person for each calendar day from the date of registration in the competent district labour office, subject to the provisions of Article 4 (1) of the Act of the European Community 75 if:

1) there is no proposal for an appropriate job, an internship proposal, professional preparation of adults, training, intervention or public works; and

2) during the 18 months immediately prior to the day of registration, including for a period of at least 365 days:

(a) has been employed and has been remunerated for at least the minimum wage for the work from which the obligation to pay the contribution to the Labour Fund is to be paid, subject to Article 104a-105; during this period no account shall be taken of periods of unpaid leave lasting for a total of more than 30 days,

(b) he/she has performed work on the basis of a contract of employment, and has obtained an income of at least the minimum wage for the work,

(c) provided services on the basis of an agency contract or contract or another service contract, to which, in accordance with the provisions of the Act of 23 April 1964, -the Civil Code shall apply the provisions relating to the order or cooperate in the performance of those contracts, the basis for which the social security contributions and the Labour Fund were to be based at least as much as the minimum wage for the work of the For a full month period, subject to Article 104b par. 2,

(d) he has paid social security contributions for non-agricultural activities or cooperation, subject to Article 3 (1) (d) of the basic Regulation. 104b par. 2, the basis of which the social security contributions and the Labour Fund were the amount of at least the minimum wage for the work,

(e) he has pursued his work during the period of the temporary arrest or imprisonment, with the social security contributions and the Labour Fund being the amount of at least the minimum wage for the work,

(f) he was working in a agricultural production cooperative, a cooperative of agricultural machinery rings or cooperative agricultural services, being a member of that cooperative, the basis for which the social security contributions and the Labour Fund were based on least minimum wage for work,

(g) paid a contribution to the Labour Fund in respect of the employment or other gainful employment of a foreign employer in a State not mentioned in the Article. 1 (1) 3 point 2 (a) a-c, at a rate of 9,75% of the average wage for each month of employment,

h) he was employed abroad and came to the Republic of Poland as a repatriate,

(i) he was employed, served or pursued other gainful employment and was remunerated or the income from which the obligation to pay the contribution to the Labour Fund was made.

2. Up to 365 days referred to in paragraph. The following periods shall also be included in point 2:

1) essential military service, military training, preparatory service, service of a candidate, contract professional military service, military exercises, periodic military service, a territorial military service performed rotationally or a service military, in the event of a mobilization and during the war, as well as an essential service in civil defence and a replacement service, as well as serving as a police officer, as referred to in the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire Service and Prison Service and their families (Dz. U. of 2016 r. items 708 and 2270 and from 2017 items 38 and 715);

(2) parental leave granted on the basis of separate provisions;

(3) the taking of an incapacity pension or the service referred to in point 1, the training pension and the termination of employment, the pursuit of other gainful employment, or the cessation of non-agricultural activities of the periods concerned to receive sickness, maternity benefit, maternity benefit or rehabilitation benefit, where the amount of the benefit and the benefit, including the amount of social security contributions, is the amount of the a minimum wage of at least the minimum wage per work;

4. not specified in the paragraph. 1 point 2, for which the social security contributions and the Labour Fund were paid, if the contribution rate was the amount of at least the minimum remuneration for the work;

5) for which compensation has been granted for the dismissal of the employer's employment or business relationship, and the period for which the employee has been compensated for the shortening of the period of termination of the employment contract;

6) the provision of services on the basis of the activation contract referred to in art. 50 of the Act of 4 February 2011. on the care of children under the age of 3 (Dz. U. of 2016 r. items 157 and from 2017 items 60);

(7) the collection of the survivor's pension where the pension is entitled to a pension for incapacity for work and the collection of the survivor's pension has been selected;

8) the exercise of personal care of the child by the persons referred to in art. 6a par. 1 of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, as late. zm.);

9) the collection of the care allowance or special care allowance on the basis of the provisions on family benefits, or the benefit to the guardian on the basis of the provisions on the determination and payment of the allowances to the guardians, if the loss of the right to them was caused by the death of the person over whom the care was exercised.

3. The right to benefit shall be entitled to an unemployed person exempt from penal establishments and forensic arrests, registered within 30 days from the day of release if the sum of the periods referred to in the mouth. 1 point 2 and paragraph. 2, in the period 18 months before the last deprivation of liberty and the execution of the work during the period of imprisonment amounted to at least 365 days, with the basis of the social security contributions and the Labour Fund an amount at least a minimum wage for work. In the event of deprivation of liberty during the period of collection of the benefit, after dismissal from the penal establishment or the detention centre, the allowance shall be entitled to an allowance for a period of reduction of the period of collection of the allowance before imprisonment and during the period of interruption of the period of punishment.

4. The right to an allowance shall be entitled to an unemployed person who is exempt from an essential military service or of a periodic military service, if the period of his/her holding is at least 240 days and has been in the 18 months preceding the day of registration in the the district labour office.

5. (repealed)

6. If the unemployed person has documented the entitlement to benefit after 7 days from the date of registration in the county labour office, but during the period of the unemployment benefit, the entitlement to the benefit shall be from the date on which the unemployment benefit is paid. documenting this right, for the period referred to in Article 73 (1) 1.

7. (repealed)

8. The Minister for Employment will determine, by way of regulation, the specific conditions and the mode of payment of contributions to the Labour Fund by persons undertaking employment or other gainful employment in a foreign employer in the State not referred to in art. 1 (1) 3 point 2 (a) (a-c), having regard to the rules applicable to the payment of social security contributions, the possibility of paying them for the retroactive periods and their reimbursement, unless they have been paid up in the higher than the applicable amount.

Article 72. [ Height of allowance] 1. [ 39] The amount of the allowance shall be:

1) PLN 823.60 per month during the first 90 days of having the right to benefit;

2) PLN 646.70 per month during the consecutive days of having the right to benefit.

2. The unworkable, whose total periods mentioned in art. 71 (1) 1 point 2 and paragraph. The amount of the allowance referred to in paragraph 2 (1), (2), (4) and (5), hereinafter referred to as "the period of entitlement to the benefit", shall be less than 5 years. 1.

3. A unemployment benefit of at least 20 years shall be entitled to an allowance equal to 120% of the amount of the allowance referred to in the first subparagraph. 1.

4. For the period of entitlement to the benefit for which the allowance depends on the amount and the period for which the allowance is to be granted, there shall also be periods of collection of the guaranteed periodic allowance, the periods of employment on the basis of a contract of employment for the purpose of professional preparation young workers, the period of employment abroad of a person who has moved to the country under repatriation conditions within the meaning of the repatriation regulations, and periods of unpaid leave granted on the basis of the provisions on free leave for working mothers who care for young children, other persons granted for this purpose free leave, as well as periods of non-work before 8 June 1968. being a recess in employment due to child care:

1) up to 4 years of age-within the limit of up to 3 years for each child and including the periods referred to in art. 71 (1) 2 (2), irrespective of the number of children, up to 6 years;

2) which, due to its physical, mental or psychophysical condition, is entitled to the nursing allowance-in addition to 3 years for each child.

5. The period of entitlement to the allowance on which the amount and the period of collection of the allowance depends, shall also include the periods of employment referred to in Article 5. 89.

The period of entitlement to the benefit of the allowance depends on the amount and the period of the allowance, as follows:

(a) periods of employment or other gainful employment prior to 1 January 1997, if the basis of the social security contribution or the pension provision and the Labour Fund constituted an amount equal to at least half of the time limit for the contribution of the social security contributions or the employment contract to the the minimum wage in force for the work of workers, determined on the basis of separate provisions; the period of non-agricultural activities prior to 1 January 1997; shall be calculated subject to the payment of social security contributions and the Work Fund for that title, provided that the basis for such contributions amounts to at least half of the minimum wage in force at that time,

(b) periods of employment or other gainful employment prior to 1 May 2004. abroad with a foreign employer in the country mentioned in Article 1 (1) 3 point 2 (a) a-c for which the contributions to the Labour Fund have been paid.

6. The benefits are subject to valorisation as of 1 June by the average annual price index of consumer goods and services in the previous year. The valorisation of allowances shall not be carried out where the average annual price level of consumer goods and services has not changed or decreased.

7. Paragraph Recipe 6 shall apply mutatis mutandis to scholarships and to the activation allowances referred to in Article 6. 48 (1) 1 point 2.

8. The Minister competent for the work, on the basis of the message of the President of the Central Statistical Office, announces, by means of a notice in the Official Journal of the Republic of Poland "Monitor Polski", the amount of allowances after the valorisation.

(9) The average annual price index of consumer goods and services referred to in paragraph 1. 6, shall be determined on the basis of the messages of the President of the Central Statistical Office, announced in the Official Journal of the Republic of Poland "Monitor Polski", on the basis of art. 94 par. 1 point 1 of the Act of 17 December 1998. about pensioners and pensions from the Social Insurance Fund.

10. The power supplies are paid in monthly periods from the bottom. The allowance for an incomplete month shall be determined by dividing the amount of the allowance by 30 and multiplying by the number of calendar days during the period for which the allowance is payable.

11. The Act of 14 June 1960 does not apply to the calculation of periods of benefit of the benefit of the Act of 14 June 1960. -The Code of Administrative Procedure (Dz. U. of 2016 r. items 23, 868, 996, 1579 and 2138 and from 2017. items 935) as regards time limits and the Act of 23 April 1964. -Civil Code as regards the method of calculating the time limits.

12. Entitled to the benefit, scholarship and other benefits paid from the Labour Fund shall be entitled to the statutory interest for the delay, if the district office for reasons independent of the entitled persons has not made their payment within the time limit.

13. The Starosta determines and pays, on the basis and in the amount specified in the separate provisions, the contributions to the pension insurance and the benefits paid by the unemployed.

Article 73. [ Allowance period] 1. The period of collection of the benefit shall be:

1) 180 days-for unemployed persons residing during the period of collection of the allowance in the area of the county, if the unemployment rate in that area on 30 June of the year preceding the day of acquisition of the right to the allowance does not exceed 150% of the average unemployment rate in the country;

2) 365 days-for the unemployed:

(a) residing during the period of collection of the allowance in the area of the county, if the unemployment rate in that area on 30 June of the year preceding the day of acquisition of the right to benefit exceeds 150% of the average unemployment rate in the country or

(b) over 50 years of age and having at the same time at least a 20-year period of entitlement to the benefit, or

(c) who are dependent on at least one child aged 15 and over, and the unemployed spouse is also unemployed and has lost entitlement to the allowance for the expiry of the period of his collection after the date of entitlement to the benefit of the unemployed person, or

(d) single-raising, at least one child aged 15 years or more.

2. The period of collection of the benefit of the unemployed person shall not be changed if, during the period of his collection, the change of residence of the unemployed person or the place in which he resides is covered by the area of activity of another district.

2a. In the case of a change by an unemployed place of residence resulting in a change in the property of the district labour office, the unemployed person shall be obliged to inform the office of work in which he is registered, and to present himself in the district office work appropriate for the new place of residence within 14 days from the day of change of the place of check-in.

2b. (repealed)

3. In the case of the birth of a child by a woman collecting the allowance during the period referred to in paragraph. 1, or within one month after the end of the month, that period shall be extended by the time it would have been granted, in accordance with separate provisions, maternity benefit.

4. The period of collection of the allowance referred to in paragraph 1. 1 and 3, shall be reduced by the period of employment in intervention, public works and the period of internship, training or professional preparation of adults for the period in which the allowance is granted, and for periods of time for which the allowance is made. the benefit of the allowance referred to in Article 4 (1) of the Regulation. 75 par. 1-3.

5. A jobless who has lost the status of an unemployed person for a period of less than 365 days due to taking up employment, other gainful employment, non-agricultural activity or obtaining income in excess of half of the minimum wage for work a month and registered in the district labour office as an unemployed person within 14 days from the date of employment termination, cessation of any other gainful employment, carrying out non-agricultural activity, collection of sickness benefit, maternity allowance or maternity benefit after the termination of employment, the cessation of any other gainful employment, the conduct of non-agricultural activities or the attainment of a revenue exceeding half of the minimum wage per month, shall be entitled to an allowance for a reduced period of time to collect benefits before the unemployed and the periods referred to in paragraph 1. 4.

6. Paragraph Recipe 5 shall apply mutatis mutandis in the case of:

1) appointment and dismissal from the host military service, military training, preparatory service, service of a candidate, contract professional military service, military exercises, including individual days in the case of military exercises a rotating, periodic military or military service in the event of a mobilization and during the war, as well as an essential service in civil defence and replacement services, as well as the presence and dismissal of rotating military exercises, or the territorial military service, as rotated;

2) unemployed persons undergoing training or internals organised by another entity than the district labour office.

7. A person who has lost for a period no longer than 365 days the status of the unemployed, and on the day of the subsequent registration meets the conditions laid down in art. If you are entitled to a benefit, you may be entitled to an allowance for the benefit of a child who is entitled to an allowance for a child who is entitled to an allowance for a child who is 4.

8. Periods of employment, other gainful employment, non-agricultural activities, the collection of sickness benefits after the establishment of employment, cessation of other gainful employment, non-agricultural activities and obtaining income, as listed in paragraph 1. 5, shall count against the periods referred to in Article 5. 75 par. 2.

Article 73a. [ The management of the unemployed person without the right to a benefit to the work of socially useful work] 1. At the request of the municipality, the starosta may refer the unemployed person without the right to the benefit of the benefit of social assistance for the work of socially useful work in the territory of the commune in which the unemployed person resides or stays, in the dimension up to 10 hours per week.

1a. Persons participating in the social contract, individual social assistance programme, local social assistance programme or individual social employment programme may also be addressed to perform the work of socially useful work, if they have taken part in such forms as a result of the referral of the district labour office pursuant to Article 4 of the Regulation. 50 par. 2.

2. The implementation of socially useful works takes place on the basis of an agreement between the starostia and the municipality, for which the work of socially useful works will be carried out.

3. The unworkable and the person referred to in paragraph. 1a, which does not have the right to benefit, shall be entitled to a benefit of not less than 6 PLN for each hour of the execution of the socially useful work. The provision shall be subject to valorisation under the rules laid down in 72 par. 6.

4. The witness shall not be entitled to a period of non-performance, including the period of documented incapacity for work.

5. The Starosta shall reimburse the municipality from the resources of the Labour Fund up to 60% of the minimum amount of the benefit to the unemployed person and the person referred to in paragraph. 1a.

5a. The provision referred to in paragraph 1. 3, may be financed entirely from the budget of the municipality.

6. The Minister responsible for the work shall determine, by means of a regulation, the detailed manner and mode of organising socially useful works, including the conditions for determining the benefit referred to in paragraph 1. 3, taking into account the good of the local community, the need for the activation of the unemployed and the persons referred to in the mouth. 1a.

Article 74. [ Informational obligation of the unemployed] The unemployed person is obliged to notify within 7 days the office of employment of employment, other gainful employment or of filing an application for entry into records of economic activities and of other circumstances which result in the loss of the status of the unemployed or the loss of the right to benefit.

Article 75. [ There is no right to benefit from the allowance] 1. The right to an allowance shall not be entitled to an unemployed person who:

1) refused without a legitimate reason for the adoption of a proposal for appropriate employment, other gainful employment, training, internship, professional preparation of adults, the execution of intervention works, public works, medical examination or psychological, aimed at establishing the ability to work or to participate in another form of assistance specified in the Act;

1a) after the referral did not undertake training, professional preparation of adults, internship, carrying out the work referred to in art. 73a, or other form of assistance specified by statute;

2) during the period of 6 months prior to registration in the county office of work, resolved the employment relationship or the business relationship with the denunciation or by agreement of the parties, unless the agreement of the parties was due to bankruptcy, liquidation of the employer or a reduction in employment on grounds relating to the establishment of work or termination of employment or business relationship at notice or by agreement of the parties was due to change of place of residence or the employee terminated the contract by work in art mode. 55 § 1 1 the Act of 26 June 1974. -Labour Code;

3) during the period of 6 months prior to registration in the district labour office caused the termination of his or her fault of the employment relationship or the business relationship without notice;

(4) he has received, in separate provisions, the provision in the form of a one-off cash equivalent for a mining leave, a one-off social allowance, an allowance, a monetary benefit after a social allowance, a one-off conditional right or a right of departure An unconditional monetary policy

5) has received compensation for the shortening of the period of termination of the contract of employment;

6) (repealed)

7) take a paid alumni practice and receive from this title a monthly cash benefit exceeding half of the minimum wage for work;

8) registered as unemployed during the period, reported to records of economic activities , the suspension of economic activities;

9) during the 6 months prior to registration in the district labour office, resolved the employment relationship concluded on the basis of referral by the office of work to the employer receiving in the framework of this referral grant, the activation of the activation or the financing of remuneration, before the expiry of the periods referred to in Article 4 (1 60a par. 4, art. 60b par. 2 and Article 60d ust. 2.

2. The unworkable referred to in the mouth. 1, meeting the conditions laid down in Article 71, the allowance shall be:

1) after the expiry of the period indicated in Art. 33 (1) 4 point 3-in the case referred to in paragraph 3. 1 points 1 and 1a;

2) after a period of 90 days from the date of registration in the district labour office-in the case mentioned in the paragraph. 1 points 2 and 8;

3) after a period of 180 days from the date of registration in the district labour office-in the case mentioned in paragraph. 1 points 3 and 9;

4) after the expiry of the period for which he has received the equivalent, the briefings or the compensation referred to in the paragraph. 1 points 4 and 5;

5) after the completion of the graduation practice and receiving from this title a month of cash benefits in excess of half of the minimum wage for work.

3. A jobless who is staying abroad for a period of not more than 10 days or who is in another situation causing a lack of readiness to take up employment shall not be deprived of the status of the unemployed if he/she is intended to be abroad or the absence of preparedness to take up employment has notified the district labour office. The allowance for this period is not applicable. The total period of the reported stay abroad and the lack of readiness to work for any other reason may not exceed 10 days in total during one calendar year.

4. Unworkable, who has acquired in the Republic of Poland the right to unemployment benefits and goes to another state referred to in art. 1 (1) 3 point 2 (a) a-c, in order to seek work, it retains the right to these benefits under the rules laid down in the rules on the coordination of social security systems.

5. (repealed)

6. The unworkable shall be obliged to submit or send the district office to the office of written declaration of the proceeds under the rigorous criminal liability and other documents necessary to establish his entitlement to the benefits provided for in the Act within 7 days from the date of obtaining the revenue.

Article 76. [ Unduly collected cash benefit] 1. The person who has collected the undue cash benefit shall be obliged to return, within 14 days from the date of service of the decision on the obligation to return unduly collected cash benefits, the amount of the benefit received together with the payment of personal income tax in the form of personal income tax and the contribution to health insurance.

2. For unduly collected cash benefits shall be considered to be:

1) the cash benefit paid despite the existence of circumstances causing the cessation of the right to download it, if the collection of the benefit was instructed on those circumstances;

2) a cash benefit paid on the basis of false statements or falsified documents or in other cases of deliberate misrepresentation of the district work office by the person receiving the benefit;

3) allowance, scholarship or other cash benefit financed from the Labour Fund paid to the person for the period for which he acquired the right to a pension, retirement benefits, survivor's pension, training pension, survivor's pension, social pension, maternity benefit, maternity benefit, sickness benefit or rehabilitation benefit, if the pension authority which has granted the benefit has not been deducted from the rules laid down in Article 4 (1) of the basic Regulation. 78;

4) costs of training, in the case referred to in art. 41 par. 6 or where the referral for training has been made on the basis of false statements or falsified documents or in other cases of deliberate misrepresentation of the public office of employment by a person directed at the training;

(4a) the cost of professional preparation of adults, in the case referred to in art. 53h ust. 1 or where the referral to the professional preparation of adults has been based on false statements or falsified documents or in other cases of deliberate misrepresentation of the public employment office by the person referred to for the professional preparation of adults;

5) allowance paid for the period for which, in connection with the judgment of the court, the remuneration was paid for the time of the stay without work or compensation for the defective termination of the contract of employment;

6) the cash benefit paid out of the Labour Fund for the period after the death of the rightholder;

(7) a pre-pension benefit paid in advance if the pension authority has refused to give a decision fixing the amount of the pension to determine the amount of the pre-retirement benefit.

3. Claims on benefits, scholarships and other cash benefits financed by the Labour Fund shall expire within 3 years from the date of fulfilment of the conditions for their acquisition by the authorized person, and the claims of the district labour office are subject to an expiration of 3 years from the date of payment.

3a. Claims to be due and not collected amounts of unemployment benefits and other benefits financed by the Labour Fund shall expire within 6 months of the date on which they have been put at the disposal of the Fund.

4. Employers ' claims for refunds from the Labour Fund due to benefits shall be statute-bargaining within 12 months from the date on which the claim became due.

5. To the extent of unregulated in the mouth. 2-4 the provisions of the Act of 23 April 1964 shall apply accordingly. -Civil Code relating to the interruption of the limitation period.

6. The amounts of the amounts unduly collected shall be subject to the application of enforcement proceedings in the administrative procedure.

7. The Starosta may postpone the payment deadline or distribute to instalments unduly collected benefit, reimbursement of refunds and one-time allocation of funds in the cases referred to in art. 46 (1) 2 and 3, or after consultation of the district labour market councils, waive these claims in whole or in part if one of the conditions has occurred:

1) in the enforcement proceedings, or on the basis of other circumstances or documents, it was found that the person or other entity who had collected the undue benefit, refund or received the measures referred to in Article 1 on a one-off basis. 46 (1) 1, they shall not have any property from which entitlements may be receivable;

(2) an investigation of the claim could deprive a person who has received undue benefit or received a single payment of the measures referred to in Article 3 (1) of the EC Regulation. 46 (1) 1 point 2, or the person remaining in the maintenance of the necessary means of subsistation;

3) a person who has received undue benefit or has received a one-off measure referred to in art. 46 (1) 1 point 2, she has died without leaving the assets from which the charges may be payable;

(4) there is a reasonable presumption that the amount of the unduly collected benefit, the refund or the one-off allocation of the measures referred to in Article shall not be obtained in the enforcement proceedings. 46 (1) 1, in excess of the expenditure of enforcement.

7a. Paragraph Recipe 7 shall apply mutatis mutandis to other provisions not mentioned in that provision of benefits financed by the Labour Fund, and in particular to the refunds obtained under the contract for the organisation of intervention work and public works.

8. (repealed)

9. From receivables for the recovery of unduly levied benefits, refunds or one-off measures referred to in art. 46, as well as other benefits financed by the Labour Fund referred to in paragraph 1. 7a whose due date has been deferred or which has been distributed to the instalment shall not accrue to the statutory interest for the delay from the date of the decision on the deferral of payment or the distribution to the instalment until the date of expiry of the time limit for payment. specified in the decision.

9a. If the payment of a deferred or deferred payment for the recovery of the unduly collected benefit is not made within the period laid down in the decision referred to in paragraph 1, the decision referred to in paragraph 1 shall not be made. 9, the remaining to repay the amount shall be immediately due, together with the statutory interest, for the delay calculated from the payment deadline specified in the decision referred to in paragraph. 1.

9b. If the payment of a deferred or deferred payment of a refund or a one-off payment of the measures referred to in Article 9b is deferred or deferred. 46, as well as other benefits financed by the Labour Fund referred to in paragraph 1. 7a, shall not be made within the time limit set out in the decision referred to in paragraph 1. 9, the remaining to repay the amount shall immediately be due, together with the statutory interest, for the delay charged on the payment deadline specified in Article 46 (1) 2 and 3.

9c. If the payment of a deferred or deferred payment for reimbursement of refunds obtained in the context of the intervention works and public works is not made within the time limit set out in the decision referred to in paragraph 1, the decision referred to in paragraph 1 shall not be made. 9, the remaining to repay the amount shall be immediately due, together with the statutory interest, for the delay charged on the payment deadlines set out in the Article. 51, art. 56 and art. 57.

9d. Paragraph Recipe 9c shall apply mutatis mutandis to the payment of the deferred or deferred payment of the grant of return for grant, activation, refund as referred to in Article 60c, and the funding referred to in art. 60d.

10. (repealed)

Article 77. [ Inheritance of benefits accruing from unemployment] The unemployment benefits of the unemployed and other eligible persons shall constitute their property rights and shall pass after their death, in equal parts, for the spouse and other persons who fulfil the conditions required to obtain the survivor's pension in the the provisions of the provisions on pensions and pensions from the Social Insurance Fund. In the absence of such persons, these rights fall into decline.

Art. 77a. [ Transition obligation to return unduly collected benefit to other persons] The obligation to reimburse the unduly collected benefit referred to in Article 76 (1) Article 2 (6) of the Act on the basis of the provisions on pensions and pensions of the Social Insurance Fund, shall be charged to the spouse and other persons who are in compliance with the conditions required for the family pension.

Article 78. [ Amounts to be counted against the benefit granted] 1. In the case of an award to the unemployed person or to the person referred to in art. In the case of a survivor's pension, the survivor's pension, the survivor's pension, the survivor's pension, the disability pension, the disability pension or the service referred to in the 71 (1) (b) the amount of the pension is paid in accordance with Article 2 (2) (2), the training pension, the social pension, the maternity benefit, the maternity benefit, the sickness benefit, the rehabilitation benefit or the survivor's pension of more than half of the minimum remuneration for the work for the period for which benefits have been collected, the scholarship, the activation allowance or other cash benefits for the remaining without work, the amount collected from that amount in the amount of the advance payment on the personal income tax and health insurance contribution shall be credited to the authority granted by the authority Pension These amounts shall be treated as benefits paid in advance payments within the meaning of the provisions on pensions and pensions from the Social Insurance Fund.

(2) The amount of the benefit granted may not be higher than that fixed for the months in which the period referred to in paragraph 1 is fixed. 1, amount of old-age pension, retirement benefits, disability pension or service referred to in Article 71 (1) In accordance with the provisions laid down in Article 2 (2) of the Treaty on the European Union, the European Union shall, in accordance with the provisions laid down in Article 3 (2) of the Treaty on the European Union, take into consideration the conditions set out in Article 3 of the Treaty on European Union

(3) The pension authority shall transfer the amount set out in respect of the benefit referred to in paragraph 3. 1, to the bank account of the Labour Fund of the district labour office, which has paid allowances, scholarship, activation allowance or other cash benefit for the remaining without work.

4. In the case of the grant of an unemployed person's right to a pension, a pre-retirement pension, a pension for incapacity to work or the service referred to in art. 71 (1) (b) the amount of the pension is paid in accordance with Article 2 (2) (2), the training pension, the social pension, the maternity benefit, the maternity benefit, the sickness benefit, the rehabilitation benefit or the survivor's pension of more than half of the minimum remuneration for the work for the period in which he was unemployed, the deprivation of the unemployed and the entitlement to the allowance shall be made for the period for which he was granted a pension, an early retirement pension, an invalidity pension or a service referred to in art. 71 (1) In accordance with Article 4 (2) of the Treaty on the European Community, the European Community and the European Community may, in accordance with the provisions laid down in Article 3 (2) of the Treaty on the European Community, give a decision on the application of the provisions of the Treaty on the European Community to the European Community.

Article 79. [ Payment of the period of collection of allowances and scholarship to the working period] 1. Periods for the collection of allowances and scholarship granted on the basis of art. 41 par. 1, art. 53 (1) 6 and art. 53g ust. 1 shall be included in the period of work required for the acquisition or retention of the rights of employees and of the periods of contribution within the meaning of the provisions on pensions and pensions of the Social Insurance Fund.

2. The periods of collection of allowances and scholarship, however, shall not be included in:

1) the periods required for the acquisition of the right and the fixing of the amount and the period of the allowance;

(2) the period of employment on which the acquisition of the right to holiday leave depends;

3) the seniority of the work specified in the separate provisions required for the performance of certain professions.

3. The provisions of the paragraph. 1 and paragraph Points 2 and 3 shall apply mutatis mutandis to the period of collection of social benefits for mining leave, for mining social benefits, for the period of entitlement to the mining benefit or for the period of collection of the scholarship for retraining, specified in separate provisions.

Article 80. [ Retention of the entitlement to the allowance and scholarship for the period of documented incapacity for work] 1. Unemployed shall retain the right to benefit and scholarship for the period of documented incapacity to work, falling within the period of the benefit of the benefit or of the internship, the preparation of professional adults and the training, for which on the basis of separate rules of staff shall retain the right to pay or receive social security benefits in the event of sickness or maternity.

2. The unemployed, except in the case of undergoing treatment in a treatment facility, shall be required to present a medical certificate referred to in art. 55a ust. 7 of the Act of 25 June 1999. on social security benefits in the event of sickness and maternity (Dz. U. of 2016 r. items 372, of late. (b), or the printout of the medical certificate referred to in Article 3 (1) of Regulation (EC 55a ust. 6 of this Act. Failure to submit a medical certificate or a printout of a medical certificate in a required form, respectively, shall result in deprivation of the status of the unemployed with the first day of incapacity for work.

Article 81. [ Rounding off the amounts of unemployment benefits] The amount of allowances, scholarships and other unemployment benefits financed by the Labour Fund for the period due shall be rounded up to the nearest ten groszy.

Article 81a. [ Termination of the decision on the status of unemployed or jobseekers] In the event of the death of an unemployed or jobseeker, decisions on the status of unemployed or job-seekers and decisions on entitlement to unemployment benefit and other unemployment benefits shall be extinguished.

Article 82. [ Average unemployment rate] The President of the Central Statistical Office shall, by 30 September each year, announce, by means of the notice, in the Official Journal of the Republic of Poland "Monitor Polski", the average unemployment rate in the country and in the area of powiats by state as at 30 June of the given year.

Article 83. [ Delegation] The Minister responsible for the work will determine, by way of regulation, a detailed procedure for the grant of allowances, scholarship and animation, with a view to ensuring the correct allocation of benefits and the rational disbursement of funds. Work Fund.

Chapter 16

Taking up work abroad with foreign employers and performing work by foreigners in the Republic of Poland

Article 84. [ Rules applicable to taking up work abroad] Taking up foreign employment in foreign employers takes place in accordance with the rules applicable in the country of employment and defined in international agreements.

Article 85. [ Taking up work abroad] 1. [ 40] Working abroad takes place by means of direct arrangements made by persons undertaking work with foreign employers or through public employment services, and also by employment agencies only within the framework of the the services provided, as referred to in Article 18 (1) 1 point 1 lit. f.

2. The management of foreign employers through employment agencies is only directly related to a foreign employer on the basis of a written contract concluded by these agencies with the persons in charge of the persons. The Agreement should specify in particular: [ 41]

1) [ 42] the foreign employer and his/her head office;

2) a period of employment or other gainful employment;

3) [ 43] the type of contract and the conditions of employment or other gainful employment and remuneration, and the person in charge of the work of the social benefit;

(4) the conditions of social security and the consequences of accidents and tropical diseases;

5) the duties and powers of the person headed for the work and the employment agency;

6) the scope of the civil liability of the parties in the event of non-performance or improper performance of the contract concluded between the employment agency and the manager, including the party covering the travel expenses and the return of the person directed to work in the event failure of a foreign employer to comply with the terms of the contract and the mode of investigation related to that claim;

7. the amounts due to the employment agency for the actual costs incurred in connection with the direct route to work abroad, incurred at:

(a) the arrival and return of the person addressed,

(b) issuing a visa

(c) medical examinations,

d) translation of documents;

8) information about the mode and conditions of admission of foreigners to the labour market in the country of work execution.

9) [ 44] (repealed)

2a. [ 45] The employment agency is obliged to present a foreigner to work abroad at a foreign employer before signing the contract referred to in the paragraph. 2, her written translation into the language for him understandably.

3. The employment agency shall have an obligation to conclude with the foreign employer, to whom he intends to direct the persons to work abroad, a written contract specifying in particular:

1) the number of jobs;

2) a period of employment or other gainful employment;

(3) the nature and conditions of work, the rules on remuneration and the social welfare benefits of the person who takes the job;

4) the extent of the civil liability of the parties in the event of non-performance or improper performance of the contract concluded between the employee and the employer, including the party covering the cost of the commute and the return of the person directed to work in the event of failure the foreign employer of the terms of the contract, and the mode of investigation related to that claim.

3a. The employment agency shall be obliged to conduct:

1) a list of the entities to which persons are directed to work abroad, containing in particular the designation and the seat of the entity and the name of the country of origin of the entity;

2) a list of persons headed for work abroad, containing the name, address of residence of the person and in particular the designation and the seat of the entity to whom the person to work abroad has been directed, and the name of the country of origin of the entity, periods employment or other gainful employment.

4. The employment agency shall inform the person, in writing, of his/her work abroad of the powers referred to in Article 4. 86.

5. The employment agency is obliged to comply with international agreements, agreements and programmes concerning employment binding the Republic of Poland and the employment regulations in force in the country of employment and the rules governing employment and employment on the employment agency's activities.

Article 85a. [ The foreigner's management by the employment agency] [ 46] 1. The employment agency in the framework of the provided service referred to in art. 18 (1) 1 point 1 letter g, may direct foreigners to employment or other gainful work exclusively directly to entities operating in the territory of the Republic of Poland.

2. Directing the foreigner by the agency of employment to the entity referred to in the mouth. 1, entrusting the execution of employment or other gainful employment to the foreigner, shall be carried out on the basis of a written agreement concluded between the employment agency and the foreigner.

3. The contract referred to in paragraph 3. 2, it shall specify in particular:

1) the entity entrusting the performance of employment or other gainful employment and its registered office;

2) the period of employment or the pursuit of other gainful employment;

3) the type of contract and the conditions of employment or other gainful employment and remuneration, as well as the foreigner's entitled to employment or other gainful employment of social benefits;

4) the social security conditions the foreigner will be covered;

5) the duties and powers of the employment agency and the foreigner headed for employment or other gainful employment;

6) the scope of the civil liability of the parties in the event of non-performance or improper performance of the contract concluded between the employment agency and the foreigner headed for employment or other gainful employment.

4. The employment agency shall be obliged to present a foreigner to a foreigner for employment or other gainful employment prior to the signing of the contract referred to in paragraph. 2, her written translation into the language for him understandably.

5. The employment agency is obliged to inform in writing:

1) a foreigner headed for employment or other gainful employment, in a language for him understandable, about the rules concerning the entry, stay and work of foreigners on the territory of the Republic of Poland;

2) the entity to which the employment agency directs foreigners for employment or other gainful employment, the rules concerning the entry, stay and work of foreigners on the territory of the Republic of Poland and the obligations referred to in art. 88h and art. 88i.

6. The employment agency shall be obliged to conduct:

1) a list of the entities to which the foreigners are directed to employment or other gainful employment, containing in particular the designation of the entity and the determination of its premises;

2) the list of foreigners headed for employment or other gainful employment, containing the name, nationality and date of birth of the foreigner and the designation of the entity to whom the foreigner has been directed to work, the term of his establishment, periods employment or other gainful employment.

Article 86. [ Advance of documented periods of employment abroad for periods of work in the Republic of Poland] 1. Documented periods of employment, travelled abroad at a foreign employer, are included in the periods of work in the Republic of Poland in the field of labor allowances.

2. (repealed)

3. (repealed)

4. (repealed)

5. (repealed)

6. The Minister responsible for the economy will determine, by means of the regulation, the required documents, the mode and criteria for the allocation of the employment limit of Polish employees abroad in order to implement the work contracts by Polish employers, if it has been established in the international agreement, with a view to existing needs in this respect.

Article 87. [ Conditions of the right to perform work by a foreigner on the territory of the Republic of Poland] 1. The foreigner shall be entitled to perform work on the territory of the Republic of Poland, if:

1) has the status of a refugee given in the Republic of Poland;

2) has been granted subsidiary protection in the Republic of Poland;

3) holds a permanent residence permit in the Republic of Poland;

4) holds a residence permit for a long-term resident of the European Union in the Republic of Poland;

4a) has the consent to stay for humanitarian reasons;

5) has the consent for a stay tolerated in the Republic of Poland;

6) benefit from temporary protection in the Republic of Poland;

7) is a citizen of a Member State of the European Union;

8) is a national of the State of the European Economic Area, not belonging to the European Union;

9) is a national of a State which is not a party to the Agreement on the European Economic Area, which may exercise the freedom of movement of persons on the basis of a contract concluded by that State with the European Community and its Member States;

10) is a member of the foreigner's family referred to in points 7-9, or is a descendant spouse of that foreigner, aged up to 21 years or remaining on the maintenance of that foreigner or his spouse or is a preliminary of that foreigner or his spouse, remaining dependent on the foreigner or his/her spouse;

11) is the person referred to in art. 19 (1) 2-3 of the Act of 14 July 2006. about entering the territory of the Republic of Poland, the stay and departure from this territory of citizens of the European Union member states and members of their families (Dz. U. of 2017 items 900);

11a) has a temporary residence permit referred to in art. 114 par. 1, art. 126, art. 127 or Art. 142 (1) 3 of the Act of 12 December 2013. of foreigners, under the conditions laid down in that authorisation;

12) holds a work permit and stays in the territory of the Republic of Poland:

(a) on the basis of a visa, except in the case of a visa issued for the purpose referred to in Article 60 par. 1 point 1, 22 or 23 of the Act of 12 December 2013. o foreigners, or

(b) on the basis of Article 108 (1) 1 point 2 or art. 206 par. 1 point 2 of the Act of 12 December 2013. o foreigners or on the basis of a stamp in the travel document of the stamp which confirms the submission of an application for the grant of a long-term resident's residence permit of the European Union, if immediately prior to the submission of the application was entitled to perform work on the territory of the Republic of Poland, or

(c) on the basis of a temporary residence permit, with the exception of an authorisation granted in connection with the circumstance referred to in Article 181 par. 1 of the Act of 12 December 2013. o foreigners, or

(d) on the basis of a visa issued by another country of the Schengen Area, or

(e) on the basis of a residence permit issued by another country of the Schengen area, or

(f) in the framework of visa-free travel.

2. From the obligation to have a work permit shall be released foreigner:

1) holding in the Republic of Poland a temporary residence permit granted in connection with the circumstances referred to in art. 144, art. 151 ust. 1 or 2, art. 158 (1) 2 points 1 or 2, art. 161 ust. 2, art. 176 or Art. 186 para. 1 point 3 or 4 of the Act of 12 December 2013. o foreigners;

2) being the spouse of a Polish citizen or a foreigner, referred to in point 1 and paragraph. 1 points 1-6, holding a temporary residence permit on the territory of the Republic of Poland granted in connection with the conclusion of a marriage;

(3) being a descendant referred to in art. 2. 1 point 8 (b), a Polish citizen or a foreigner referred to in points 1 and 2 and the paragraph. 1 points 1-6, holding a temporary residence permit on the territory of the Republic of Poland;

4) holding a temporary residence permit on the territory of the Republic of Poland granted on the basis of art. 159 par. 1 of the Act of 12 December 2013. o foreigners;

5) staying in the territory of the Republic of Poland on the basis of art. 108 (1) 1 point 2 or art. 206 par. 1 point 2 of the Act of 12 December 2013. o foreigners or on the basis of a stamp in the travel document of the stamp which confirms the submission of an application for the grant of a long-term resident's residence permit of the European Union, if immediately prior to the submission of the application was exempted from the obligation to have a work permit pursuant to points 1 to 4;

6) having an important Pole's Charter;

(7) an applicant for international protection or who is a spouse, on behalf of whom an application for international protection has been lodged, provided that he has a certificate issued on the basis of Article 3 (1) of the EC Convention. 35 of the Act of 13 June 2003. giving foreigners protection in the territory of the Republic of Poland;

8) authorized to reside and perform work in the territory of a member state of the European Union or a State of the European Economic Area not belonging to the European Union or the Swiss Confederation, which is employed by an employer established in the territory of that State and temporarily delegated by that employer in order to provide services within the territory of the Republic of Poland;

9) in respect of which international agreements or separate regulations allow the performance of work without the need for a permit.

Article 88. [ Permit to work] A work permit is required if the foreigner:

1) performs work on the territory of the Republic of Poland on the basis of a contract with an entity whose head office or place of residence or branch, establishment or other form of organized activity is located in the territory of the Republic of Poland;

2) in connection with the performance of the function in the Management Board of the legal entity entered in the register of entrepreneurs or the company's capital company in the organization stays on the territory of the Republic of Poland for a period exceeding a total of 6 months in the following 12 months;

3) perform work in a foreign employer and is posted on the territory of the Republic of Poland for a period exceeding 30 days in a calendar year to a branch or an establishment of a foreign entity or an affiliated entity, within the meaning of the Act of the day 26 July 1991 with income tax on individuals, with foreign employer;

4) perform work at the foreign employer, without a branch, establishment or other form of organized activity on the territory of the Republic of Poland and is delegated to the territory of the Republic of Poland for the purpose of realization of the service o provisional and occasional nature (export service);

5) perform work at the foreign employer and is posted on the territory of the Republic of Poland for a period exceeding 30 days in the following 6 months for a different purpose than indicated in points 2 to 4.

Art. 88a. [ Application for a permit to work] 1. A permit to work shall be issued at the request of the entity entrusting the performance of the work to the foreigner.

1a. The renewal of the authorisation shall take place at the written request of the entity entrusting the performance of the work to the foreigner, submitted not earlier than within 90 days and no later than 30 days before the expiry of the period of validity of the permit.

2. In proceedings for the issue, extension or revocation of a permit to work a foreigner party to proceedings shall be exclusively the entity entrusting the performance of the work to a foreigner.

Art. 88b. [ The authority authorised to issue the work permit] 1. The permit to work shall be issued by the wojewater:

1) in the case referred to in art. 88 (1) and (2), due to the place of residence or residence of the entity entrusting the work of the foreigner;

2) in the case referred to in art. 88 point 3, due to the seat of the entity to which the foreigner is seconded;

3) in the case referred to in art. 88 (4), due to the registered office or place of residence of the entity to which the service is provided, and if that entity is established or resident abroad, due to the main place of work of the entity; a foreigner in the territory of the Republic

4) in the case referred to in art. 88 point 5, applicable due to the main place of the work performed by a foreigner on the territory of the Republic of Poland.

2. In the case of a change in the properties of the wojewater due to the change of the seat or the place of residence of the entity entrusting the performance of the work, the seat of the entity to which the foreigner is posted or the principal place of work of work, property the calls for renewal of the authorisation shall be determined on the day on which the application is submitted.

3. In the case where the specificity performed by a foreigner does not allow for indication of the main place of its execution, the permit shall be issued by the Mazovian voyewater.

Art. 88c. [ Release of the work permit undertaken on the basis of a contract with an entity conducting business on the territory of the Republic of Poland] 1. In the case referred to in art. 88 (1), the wojewoda shall issue an authorisation if:

1) the amount of the remuneration which will be specified in the contract with the foreigner will not be lower than the remuneration of employees performing the work of a comparable type or on a comparable position;

2) the entity entrusting the performance of the work to the foreigner joined the application for the issue of the work permit notice of the information of the starost competent due to the main place of the work of the foreigner about the lack of capacity to meet the needs of the staff employers based on the register of unemployed and jobseekers or about the negative result of recruitment organised for the employer, drawn up taking into account the priority of access to the labour market for Polish citizens and foreigners, of which the in Article 87 (1) 1 points 1 to 11.

1a. Where the specificity of the work carried out by a foreigner does not allow for indication of the main place of its execution, the information referred to in the paragraph shall be provided. 1 point 2, it shall be issued by the starosta competent by reason of the place of residence of the entity entrusting the work of the foreigner.

2. The information referred to in paragraph 1. 1 point 2, the starosta shall issue at the request of the entity entrusting the performance of the work to the foreigner within the time limit:

1) not longer than 14 days from the day of submission of the job offer in the district labour office, if the analysis of the registers of unemployed and jobseekers does not show that there is a possibility of organising the recruitment;

2) not longer than 21 days from the day of submitting the job offer in case of organizing recruitment among the unemployed and jobseekers.

3. The wojewoda issue the permit without the need to obtain the information referred to in the paragraph. 1 point 2, if:

1) the profession in which the foreigner is to perform the work, or the type of work to be entrusted to him, is included in the list referred to in art. 10 para. 4 (1), as determined by the competent voyewater due to the main place of work;

2) issue an extension of the work permit for the same foreigner and in the same position;

3) the absence of such a necessity is due to separate provisions.

4. In the case referred to in art. 88 point 2, the wojewoda shall issue an authorisation if the entity of which the foreigner is to be a member of the management board is:

1) in the tax year preceding the submission of the application reached an income of not less than 12 times the average monthly salary in the voivodship in the third quarter of the year preceding the submission of the application, announced by the President of the Chief Office of the Statistical on the basis of art. 90 par. 7 and shall employ indefinite and full-time periods of work for at least one year prior to the submission of the application of at least two employees who are not subject to the obligation to have a work permit or

(2) demonstrate the possession of funds, or carrying out measures to comply with the conditions set out in point 1 in the future, in particular by carrying out activities contributing to an increase in investment, technology transfer, introduction favourable innovation or creation of jobs.

5. The wojewoda may, in cases justified by the situation on the labour market, limit in the work permit the scope of the task carried out by the foreigner to the task of managing and representation of the entity.

6. In the cases referred to in art. 88 points 3 to 5, the wojewoda shall issue an authorisation if:

1) the performance of the work by the foreigner will be held under the conditions in accordance with art. 4 par. 1 and paragraph 2 points 1, 2 and 4 to 8 and Article 5 of the Act of 10 June 2016. o the posting of workers in the framework of the provision of services (Dz. U. Entry 868);

2) the amount of the salary, which will be granted to the foreigner for the performance of the work, will not be lower by more than 30% from the amount of the average monthly salary in the voivodship, announced by the President of the Central Statistical Office on Article 1 90 par. 7;

3) the foreign employer has indicated a person residing in the territory of the Republic of Poland, having documents confirming fulfilment of the obligations set out in points 1 and 2, acting on behalf of the employer and authorized to represent it as regards the bovine animals and the bodies referred to in Article 4 (1). 88f ust. 3.

7. In the case of submission of an application for a permit for the work of a foreigner in a part-time work or on the basis of a civil-law contract, the wojewoda shall take into account the amount of remuneration that will be specified in the contract with the foreigner in proportion to the working time dimension or the anticipated period of performance of the contractual obligations.

8. The Wojewoda shall issue a work permit without taking into account the conditions referred to in the paragraph. 1-5 and 7, in the case of a foreigner who:

1) in the period of 3 years preceding the application for the issuance of a work permit he graduated from a university established in the territory of the Republic of Poland or another country of the European Economic Area or the Swiss Confederation or is a participant in doctoral studies held in the Republic of Poland, or

2) for 3 years prior to the submission of an application for the issue of a work permit stayed legally on the territory of the Republic of Poland and the stay was uninterrupted within the meaning of art. 195 (1) 4 of the Act of 12 December 2013. o foreigners.

9. If the foreigner is to perform work in connection with the implementation of the contract, the object of which is the provision or hire of employees by an entity established in a country other than the Member States of the European Union, the State of the European Area Economic or Swiss Confederation, wojewoda issues a work permit when the entity entrusting the performance of the work to a foreigner conducts an economic activity on the territory of the Republic of Poland by a branch which according to the art. 18 has been entered in the register of entities operating the employment agencies.

10. If the entity entrusting the foreigner with the performance of the work is an agency of temporary work, and the permit concerns the work of the foreigner as a temporary worker, the conditions set out in the paragraph shall apply. 1-3.

11. The provisions of the paragraph. 1-3 shall apply to entities entrusting the foreigner with the performance of work that is not employers within the meaning of the art. 2. 1 point 25.

Art. 88d. [ Obligation to comply with the requirements laid down by separate provisions] The acquisition of a work permit does not exempt from specific requirements the requirements to which the regulated professions or activities are subject to the performance of the contract.

Art. 88e. [ Time for which permission is issued] 1. A permit to work shall be issued for a fixed period of not more than 3 years and may be extended.

2. In the case where a foreigner performs a function on the board of a legal person who, at the date of the application, employs more than 25 persons, the wojewoda may issue a work permit for a period of not more than 5 years.

3. In the case of the posting of the foreigner by the foreign employer in order to carry out the export service, the wojewoda shall issue a work permit for the period of posting.

4. In the cases specified in the criteria referred to in art. 10 para. 3, wojewoda may limit the period of time for which he issues a work permit.

(5) The provisions on the authorisation of work shall apply mutatis mutandis to the renewal of the work permit.

Art. 88f. [ Content of work permit] 1. A permit to work is issued for a particular foreigner. The work permit determines the entity entrusting the performance of work by a foreigner, position or type of work performed by a foreigner, the lowest salary that can receive a foreigner in a given post, a working time dimension, and period of validity of authorisation. In the cases referred to in art. 88 points 3 and 4, the work permit shall be specified by the entity to which the foreigner is seconded. If the permit concerns the work of a foreigner as a temporary worker, the employer shall be specified in the permit to work.

1a. The change of residence or place of residence, the name or legal form of the entity entrusting the foreigner with the performance of the work or taking over the establishment of the work or its part by another employer does not require the issue of a new work permit.

1b. The entity entrusting the foreigner with the performance of the work may entrust him for periods of a total not exceeding 30 days in a calendar year to perform work of a different nature or in a position other than those specified in the work permit, if they have been the remaining conditions set out in the work permit and the requirements referred to in Article 88d. In such a case, obtaining a work permit setting out new circumstances is not required.

1c. If a foreigner with a work permit is subject to reduced working time in accordance with the rules laid down by the Act of 11 October 2013. about special solutions related to the protection of jobs (Dz. U. of 2017 items 842), obtaining a new permit for work is not required.

2. A permit to work shall be issued in triplicate, two of which shall be awarded to the entity entrusting the work of the foreigner.

3. At the request of another water car, the field organizational unit of the Social Insurance Institution, the Consul, the body of the State Labour Inspectorate, the National Tax Administration, the Border Guard or the Police wojewoda transmit copies of the issued the decision on the work permits and the information referred to in Article 88i.

4. The Minister of competent employment, voivodship and voivodship and district labour offices collect and process data concerning foreigners, work permits, control of compliance with the provisions of the Act and ongoing proceedings, in the necessary to implement the provisions of the Act.

Art. 88g. [ Termination of the obligation to provide work by a foreigner] 1. The obligation to perform the tasks resulting from the civil law contract or the obligation to provide work on the territory of the Republic of Poland shall cease, in the case where the foreigner no longer fulfils the conditions laid down in art. 87.

1a. If the time limit for the submission of an application for renewal of a work permit in the same employer and in the same post has been preserved and the application does not contain formal deficiencies or formal deficiencies have been completed within the time limit, the work the foreigner in the territory of the Republic of Poland is considered to be legal from the day of submission of the application until the date on which the decision to grant the renewal of the work permit becomes final.

1b. To a foreigner who submitted an application for a temporary residence permit referred to in art. 114 par. 1, art. 126 (1) 1, art. 127 or Art. 142 (1) 3 of the Act of 12 December 2013. o foreigners, in order to continue the work carried out in accordance with the work permit they have or the temporary residence permit applies the provision of the paragraph. 1a.

2. In the case referred to in paragraph. 1, the parties shall retain the right to compensation if the refusal or revocation of the work permit was the result of the non-conduct of due diligence, unless the specific provisions or the content of the contract provide otherwise.

Art. 88h. [ Obligations of the entity entrusting the performance of a job to a foreigner] 1. The entity entrusting the performance of work to a foreigner, from whom the possession of a work permit is required, shall be obliged to:

1) to include in the contract with the foreigner the conditions referred to in art. 88c, included in the work permit;

2) adaptation, in the case referred to in art. 88c ust. 6, the amount of remuneration of the foreigner up to the current amount of the monthly salary referred to in art. 90 par. 7, at least once a year;

3) conclusion with the foreigner of the contract in writing and to present the foreigner before signing the contract of her translation into a language understandable for the foreigner;

4) transfer to the foreigner one copy of the work permit to which this permit applies;

5) to inform the foreigner about the actions taken in connection with the proceedings for granting or prolonging the work permit and decisions on the issue, refusal to issue or waive the permit;

6) the exercise of due diligence in the proceedings for the permission and extension of the permit for the work of the foreigner;

7) (repealed)

8. to make available to the entities referred to in art. 88f ust. 3, upon their request of documents confirming fulfilment of the obligations set out in points 1 to 6, drawn up in Polish or translated into Polish.

2. In relation to a foreigner performing a function in the order of the legal person entered in the register of entrepreneurs or a company capital company in the organization, the provisions of the paragraph. 1 (1) to (3) shall not apply.

3. In the cases referred to in art. 88 points 5 to 5, in the case of refusal, revocation of a work permit or when a foreigner no longer fulfils the conditions laid down in Article 88 (1) of the EC 87, the entity entrusting the performance of work on the territory of the Republic of Poland is obliged to immediately revoke the foreigner from the delegation.

4. In the event of a breach of the provisions of the paragraph 1-3, the entity entrusting the performance of work by a foreigner shall be obliged to:

1) the immediate effect of the activities referred to in paragraph 1. 1-3;

2) to pay the foreigner an outstanding remuneration for the period of the work being carried out in the amount of the amount in accordance with the application for the application for the work permit and the payment of the related social security contributions and the advance payment on income tax.

Art. 88i. [ Notification] The entity entrusting the foreigner with the performance of the work within 7 days in writing shall inform the voiders who issued the work permit of the following circumstances:

1) the foreigner has started work of a different character or in a different position than specified in the work permit, under the conditions referred to in art. 88f ust. 1b;

2) there has been a change in the seat or the place of residence, the name or legal form of the entity entrusting the foreigner with the performance of the work or taking over the establishment of the work or its part by another employer;

3) there has been a transition of the work plant or its part to another employer;

4) the person representing the employer, referred to in art, has changed. 88c ust. 6 point 3;

5) the foreigner has not undertaken a job within 3 months from the initial expiry date of the work permit;

6) the foreigner has interrupted his work for a period exceeding 3 months;

7) the foreigner has completed the work earlier than 3 months before the expiry of the period of validity of the work permit.

Art. 88j. [ Grounds for the decision to refuse to issue a permit for a foreigner's work] 1. The wojewoda shall issue a decision on refusal to issue a permit for the work of a foreigner, when the entity entrusting the performance of the work to a foreigner:

1. in the course of the proceedings:

a) submitted an application containing false personal data or false information or joined it with documents containing such data or

b) He testified to the truth or concealed the truth, or in order to use it as authentic, he made or reworked the document or such document as an authentic use;

2) has failed to comply with the requirements laid down in Art. 88c and 88d

3) he has been legally punished for the offence referred to in art. 120 (1) 3-5;

4) within two years of recognition as guilty of committing the act referred to in art. 120 (1) 1, was again legally punished for a similar offense;

5) is a natural person, punished for committing an act with art. 218-221 of the Act of 6 June 1997. -Penal Code;

6) is a natural person, punished for committing in connection with proceedings for the issue of a work permit, an act with art. 270-275 of the Act of 6 June 1997. -the penal code, or is a managed or controlled entity by such a person;

7) is a natural person punishable for the act referred to in art. 189a of the Act of 6 June 1997. -the penal code, or punishable in another country on the basis of the provisions of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women And Children, supplementing the United Nations Convention against International organised crime, or is a managed or controlled entity by such a person;

8) do not fulfil the obligations arising from the Art. 88h ust. 4;

9) request the issue of an authorisation in relation to a foreigner who:

(a) does not meet the requirements of eligibility and other conditions in the case of an intention to entrust the performance of a work in a regulated profession,

(b) in connection with the proceedings for the release of a work permit, has been punished for the act referred to in Article 3. 270-275 of the Act of 6 June 1997. -Penal Code.

2. The wojewoda shall issue a decision on refusal to issue a work permit also in the case where the data of the person concerned has been placed on the list of foreigners whose stay on the territory of the Republic of Poland is undesirable.

3. The provisions of the paragraph. 1 shall not apply in the case of an application for an extension of a work permit for a foreigner who is not a person responsible or co-responsible for acts or omissions, constituting the grounds for refusing to issue a work permit.

Art. 88k. [ Grounds for the repeal of the issued work permit] 1. The Wojewoda shall revoke the issued authorisation if:

(1) the circumstances or evidence relating to the decision have changed;

2. the reason for granting the work permit has been established;

3. the entity entrusting the performance of the work has failed to fulfil the obligations referred to in art. 88h ust. 4;

4) the foreigner no longer meets the requirements referred to in art. 88d;

(5) the circumstances referred to in Article 4 (1) (a) of the 88i (5) or (6);

6) received the information that in relation to the foreigner there is an entry to the list of foreigners whose stay on the territory of the Republic of Poland is undesirable.

2. The provision of the paragraph. 1 point 1 shall not apply in the case referred to in Article 1. 88f ust. 1a and 1b.

3. The provision of the paragraph. 1 point 1 shall not apply when the wojewater has received the notification referred to in art. 88i, paragraph 4.

4. The provision of the paragraph. 1 point 5 shall not apply when the wojewater has received the notification referred to in Article 1. 88i, points 5 or 6, setting out the circumstances indicating that the authorisation will be used for its intended purpose and:

1) reason for not taking a job or

2) the reason for the interruption of the work.

Art. 88l. [ Information on the abrotation of the authorisation] In the case of the repeal of the permit for work of a foreigner residing in the territory of the Republic of Poland on the basis of a national visa the voyewater informs about the repeal of the permit by the Border Guard authority when the decision in the case becomes final.

Art. 88m. [ Termination of the work permit] The work permit expires by virtue of the law on the date of granting the foreigner a temporary residence permit and work in connection with the performance of work with the same employer and in the same position.

Article 89. [ Advance of certain periods of employment and leave free of charge to the period of employment on which the rights of staff depend] 1. The periods of employment of Polish citizens in the former German Democratic Republic and former Czechoslovak Socialist Republic on the basis of international agreements and agreements which were before 1 December 1991. shall be treated as periods of employment in the Polish State in respect of the rights of workers.

2. Period of free leave granted to the employee for the period of referral to work abroad on the basis of the Regulation of the Council of Ministers of 27 December 1974. on certain rights and obligations of workers aimed at work abroad for the implementation of export construction and export-related services (Dz. U. of 1990 items 259, of 1991. items 346 and 1993 items 452) and, immediately after the end of this leave, the period of incapacity for work due to illness or isolation in relation to an infectious disease-shall count towards the working period from which the employee's rights depend, if the worker has taken up employment with the parent employer within the time limit provided for in that Regulation.

3. The period of employment abroad of a worker who did not remain in employment prior to the referral to work abroad on the basis of the regulation referred to in paragraph. 2, shall be treated as a period of employment in the Republic of Poland in the field of labor allowances. This also applies to a worker who has been granted a period of unpaid leave for the period of referral to work abroad and who has not taken a job with the parent employer after the end of his work abroad or has taken a job with the parent employer, but after the expiry of the period of employment. the time limit provided for in the Regulation referred to in paragraph 1. 2.

Article 90. [ Delegation] 1. The Minister responsible for the work shall determine, by means of a regulation:

1) types of work permits,

2) the procedure of the proceedings on the work permits,

3) the mode of carrying out of the activities referred to in art. 88c ust. 1 and 2,

4) the model and mode of communication of the old age on the possibility of satisfying the needs of the employees of the employer,

5) a list of documents which the entity entrusting the performance of work by a foreigner is required to present during the proceedings,

6) models of applications for the issue or extension of a work permit, models of the entity entrusting the foreigner to perform work on meeting the requirements set out in the Act, and the models of permits and extensions of permits, which may contain data personal foreigner and the entity entrusting the foreigner with the performance of the work

-having regard to the specificity of the situation referred to in Article 88, priority of access to the labour market for Polish citizens and foreigners, referred to in art. 87 (1) 1 points 1 to 11, and the provision of appropriate organisation of proceedings for the issue and renewal of work permits.

2. (repealed)

3. (repealed)

4. The minister competent for the work will determine, by way of regulation, cases in which entruning a foreigner with the execution of work in the territory of the Republic of Poland is permissible without the need to obtain a work permit, having regard to the cases specified in international agreements and agreements, as well as training or advisory programmes carried out within the framework of the activities of the European Union or other international aid schemes, Polish foreign policy, specificity the profession, the nature of the job, the working period, the requirements for the entity entrusting the performance of the work, and the special status, which was the basis for granting the foreigner a temporary residence permit on the territory of the Republic of Poland.

5. The Minister of competent employment may determine, by way of regulation, the cases in which the work permit is issued by the wojewater irrespective of the conditions referred to in art. 88c, with particular regard to the principle of reciprocity, the specificity of the profession or the nature of the work.

6. (repealed)

7. The President of the Central Statistical Office announces until the end of the 4th quarter of each year, in the Official Journal of the Republic of Poland "Monitor Polski", by means of the Notice, the amount of the average monthly gross wage in the national economy in Voivodships for the previous year.

8. The Minister responsible for the work in agreement with the Minister responsible for IT may determine, by means of the regulation, the modality and technical conditions for the submission and processing of applications in the proceedings for the granting of a work permit for a foreigner via the ICT systems, with a view to ensuring the efficiency of the conduct of proceedings involving national and foreign entities and consistency with the systems referred to in art. 4 par. 2.

Art. 90a. [ Fee for the issuance of a work permit] 1. The entity entrusting the performance of work to a foreigner shall submit an application for the issue of a work permit or its extension after making a one-off payment in the amount not greater than the amount of the minimum wage for the work for each foreigner.

2. The payment referred to in paragraph 2. 1, constitutes the revenue of the State budget.

3. The Minister responsible for the work shall determine, by way of regulation, the amount of the payment referred to in paragraph 1. 1, taking into account:

1) the type of work performed, the qualifications held by the foreigner and their dependence on the supply and demand on the labour market or

2) agreements and international agreements in the field of employment, or

3) the period of execution of work by a foreigner, or

4) the number of applications for a work permit or applications for renewal of the work permit submitted by the employer.

Chapter 17

Employees of public employment services

Article 91. [ Employees of public employment services] 1. The employees of the public employment services shall be the staff employed in those services, including:

1. indirect labour;

2. professional advisers;

3) professional development professionals;

4. programme experts;

(5) EURES advisers and EURES assistants.

2. The employees referred to in paragraph 2. 1 points 1 to 4, employed in the district labour office may act as a client advisor.

3. The tasks of the client advisor are:

1) permanent care of unemployed or job-seekers, in particular the setting of the aid profile, the preparation and supervision of the implementation of the individual action plan, the provision of basic labour market services in individual form and facilitation access to other forms of aid laid down in the Act or

2) constant cooperation with the employer in the field of assistance specified in the Act, in particular the setting of the need for new employees and the acquisition of job openings in the framework of employment and facilitating access to other forms of assistance specified in Bill.

4. With the assistance of the client advisor may use the entities defined in the Act, in particular the entrepreneurs referred to in art. 39c.

5. The client advisor uses the tools and methods for which he has been trained or has authority.

Article 92. (repealed)

Article 93. (repealed)

Article 94. (repealed)

Article 95. (repealed)

Article 96. (repealed)

Article 97. (repealed)

Article 98. (repealed)

Article 99. (repealed)

Article 99a. (repealed)

Article 99b. [ Obligation to improve professional qualifications] The staff referred to in Article 91 (1) 1 points 1 to 5 shall be subject to the improvement of professional qualifications, in particular through participation in trainings using modular training programmes for the staff of public employment services made available by the Minister responsible for the work of the labour force.

Article 99c. [ Establishment Of The Day Of Staff Of The Public Employment Service] The date of 27 January shall be the day of the Public Employment Service Employee Day.

Article 100. [ Appendix to remuneration] 1. Voivodship employees and district labour offices referred to in art. 91 (1) 1 points 1 to 5, and to persons employed in the Huftze Volunteer work in the positions referred to in art. 91 (1) 1 points 1 to 5 may be assigned an appendix to a remuneration financed by the Labour Fund, subject to the improvement of professional qualifications, the quality of the work performed and the position occupied.

2. The Minister responsible for the work shall determine, by regulation, the amount, the mode and conditions for granting and paying the allowance to the employees referred to in Article 4. 91 (1) 1 points 1 to 5, and to persons employed in the Huftze Volunteer work in the positions referred to in art. 91 (1) 1 points 1 to 5, with a view to achieving greater efficiency and the need to develop professional staff in public employment services.

Article 101. (repealed)

Article 102. (repealed)

Art. 102a. (repealed)

Chapter 18

Labour Fund

Article 103. [ Legal status and operator of the Labour Fund] 1. The Labour Fund is a state special-purpose fund.

2. The Directorate of the Labour Fund shall be the minister competent for labour.

Article 104. [ Entities required to pay compulsory contributions to the Labour Fund] 1. Mandatory contributions to the Labour Fund, determined on the amounts constituting the basis of the assessment of the contributions to the pension insurance without the application of the restriction referred to in art. 19 (1) 1 of the Act of 13 October 1998. a social security scheme of at least a minimum wage per month shall pay at least:

1) employers and other organisational units for persons:

(a) remaining in a work relationship or a business relationship,

(b) performing work on the basis of a contract of employment,

(c) performing work on the basis of an agency contract or contract or other service contract, to which, pursuant to the provisions of the Act of 23 April 1964, -Civil Code shall apply the provisions concerning the order and for the persons cooperating with them, with the exception of the persons providing the work on the basis of the activation contract referred to in the Act of 4 February 2011. taking care of children up to the age of 3,

(d) performing work during the period of imprisonment or temporary arrest,

(e) taking sports scholarships,

(f) receiving a social benefit on a mining leave, mining or mining of social benefits or benefits during the mining period, retraining grant or training contract, provided for in separate provisions,

(g) for professional soldiers and officers not fulfilling the conditions for the acquisition of the right to a pension or invalidity pension as defined in the provisions on the pension provision of the professional soldiers and in the provisions on the provision of pension provision Officers of the Police, State Security Office, Internal Security Agency, Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anti-Corruption Bureau, Border Guard, Government Security Office, State Guard Fire and Prison Service, for which, after release from the service or the termination of the employment relationship, the contribution to the pension insurance and the salary or remuneration paid during the period of service or employment relationship on the basis of separate provisions,

(h) for officers who, at the time of dismissal, only meet the conditions for the acquisition of the right to a police invalidity pension in the case of a transfer of contributions to the pension scheme;

1a) (repealed)

2. agricultural cooperatives, cooperative machinery rings or agricultural cooperatives, for their members, with the exception of members who have contributed land with an agricultural area of more than 2 ha of agricultural land;

3) other than those mentioned in points 1 and 2 of the person subject to pension and pension insurance or pension provision, with the exception of:

(a) clergy,

(b) receiving on the basis of the provisions on social assistance for permanent benefit,

(c) collecting on the basis of the provisions on benefits of family nursing care, special care allowance or a supplement to the family allowance for the single raising of the child,

(ca) levied on the basis of the provisions on the establishment and payment of the allowances for the guardians of the care allowance,

(d) subject to social insurance for farmers,

e) Reliable soldiers in the active service,

(f) holding alternate forms of military service,

(g) staying on parental leave and receiving maternity allowance,

(h) receiving the training provision referred to in Article 3 (2). 70 par. 6,

(i) persons providing work on the basis of the activation contract referred to in the Act of 4 February 2011. taking care of children up to the age of 3,

(j) persons who exercise personal custody of the child referred to in Article 4. 6a par. 1 of the Act of 13 October 1998. the social security system.

2. The amount of contribution to the Labour Fund shall be determined by the Budget Act.

3. Where the amounts referred to in paragraph 1, come from a variety of sources, the obligation to pay contributions to the Labour Fund arises when the total amount constituting the basis for the assessment of contributions established in accordance with the paragraph. 1 shall be at least the minimum remuneration for the work.

4. The person to whom the provision of the paragraph applies. 3, make a pertinent statement to any employer or the field organisational unit of the Social Insurance Institution, if it pays the social security contributions itself.

Art. 104a. [ Exclusion of the obligation to pay contributions to the Fund] Employers and other organisational units do not pay contributions to the Labour Fund for employed workers returning from maternity leave, leave on maternity leave, parental leave or parental leave during the period 36 months starting from the first month after the return from maternity leave, leave on the terms of maternity leave, parental leave or parental leave.

Article 104b. [ Exemption of the obligation to pay contributions to the Labour Fund for persons over 50 years of age] 1. Employers and other organisational units do not pay contributions to the Labour Fund for a period of 12 months, starting from the first month after the conclusion of the employment contract, for the employed persons who have completed 50 years of age and within 30 days before employment remained in the records of the unemployed district labour office.

2. contributions to the Labour Fund referred to in art. 104 (1) 1, it pays for the persons mentioned in art. 104 (1) 1 points 1-3, which have not reached the age of at least 55 years for women and at least 60 years for men.

Article 104c. [ Exemption of the obligation to pay contributions to the Labour Fund for the employed unemployed, who have not completed 30 years of age] Employers and other organisational units do not pay contributions to the Labour Fund for a period of 12 months, starting from the first month after the conclusion of the employment contract, for the intended employed unemployed who have not completed 30 years of age.

Article 105. [ Other cases of exemption from the obligation to pay contributions] Entrepreneurs of the Polish Union of the Deaf and Polish Union of the blind and the Union of the Dark Soldiers of the Republic of Poland, Society of Odark Care, Department of Care for the Niewidomych in Laski and the establishments of professional activity no pay the contributions to the Labour Fund for employed workers with a significant or moderate degree of disability.

Article 106. [ Labour Fund Revenue] 1. The Revenue of the Labour Fund shall be:

1) compulsory contributions to the Labour Fund;

2) subsidies of the state budget;

3) measures coming from the budget of the European Union to co-finance projects financed by the Labour Fund;

4) interest on the funds of the Labour Fund remaining on the bank accounts of the authorising officer of the Labour Fund and the local authorities of the voivodships, powiats, Ochotow Hufców Labour and wojewodów;

(4a) interest on the resources of the Labour Fund remaining on separate bank accounts, the obligation of which is based on the applicable rules or contracts concluded on the basis of those provisions with the fund manager at the disposal of the manager. the organisational unit carrying out the tasks financed by the Labour Fund;

5) repayment of instalments and interest on loans granted from the Labour Fund;

6. funds from the budget of the European Union, intended to co-finance public participation activities in the EURES;

6a) the funds from the sale of shares and shares referred to in art. 56 par. 3 of the Act of 30 August 1996. about the commercialization and some of the entitlement of employees, and the return of funds from the Bank Gospodarstwa Krajowego, coming from the payment of loans to natural persons undertaking business activities;

6b) appropriations originating in the budget of the European Union, intended to co-finance activities of public employment services other than projects co-financed by the European Social Fund;

(c) interest on free funds transferred in accordance with the provisions on public finance;

7) other influences.

2. The contributions of the Labour Fund are also fees, contributions, fines and fines, referred to in art. 115 and art. 119-123, as well as cash, transferred to the Labour Fund on the basis of art. 19 of the Act of 27 April 2006. about social cooperatives (Dz. U. Entry 651, 2009 items 742, 2010 items 146, of 2011 items 1211 and the year 2015 items 1567).

3. The dissponsor of the Labour Fund, with the consent of the Minister responsible for public finance, may borrow credits and loans to supplement the funds necessary for the payment of allowances.

4. (repealed)

Article 106a. [ The purpose of the resources of the Labour Fund for the part of the public employment services activities relating to the participation in the EURES network] 1. Measures of the Labour Fund may be allocated to finance part of the activities of public employment services relating to the participation of the EURES network.

2. The type of activities referred to in paragraph 1. 1, and the expenditure on their implementation shall specify:

1) agreements concluded between the minister competent for the work and the self-government of the voivodships or the self-governments of powiats or

2) the agreements concluded between the Republic of Poland and the European Union, or

3) agreements concluded between the countries referred to in art. 1 (1) 3 point 2 (a) a-c, and the European Union to finance EURES cross-border partnerships.

3. The expenditure referred to in paragraph 3. 2, they shall be subject to a refund from the appropriations originating in the budget of the European Union up to the amount specified in the agreements referred to in paragraph 2. 2 points 2 and 3.

4. The agreements referred to in paragraph 1 shall be laid down in the In particular, point 1 shall specify, in particular, the procedure and the rules for the granting and settlement of the measures referred to in paragraph 1. 1, in accordance with the provisions on public finance, taking into account the periods and time limits resulting from the agreements referred to in the paragraph. 2 points 2 and 3.

(5) Expenditure on public employment services for the activities of the EURES network other than expenditure referred to in paragraph 1 shall be allocated to the Commission. 2, may include:

1) incurred on the territory of the Republic of Poland the costs of dissemination of job offers, correspondence, communication, ICT services, translation and interpreting services together with technical support, rental of premises and spaces, including exhibition space, renting of equipment, exhibition stands, associated with the work, constituting the own contribution to the implementation of projects subsidised by the European Social Fund;

2) the refund of the costs of salaries and social security contributions, contributions to the Labour Fund and the write-off on the Occupational Benefit Fund of the employee of the office serving the Minister responsible for the work, performing the tasks resulting from the participation in the EURES network.

Article 106b. [ The purpose of the resources of the Labour Fund to finance actions co-financed by the EU budget] 1. Measures of the Labour Fund may be allocated to finance part of the activities of public employment services defined in the Act, co-financed from the budget of the European Union, other than projects co-financed by the European Social Fund.

2. The type of activities referred to in paragraph 1. 1, and the expenditure on their implementation shall be determined by the agreements between the Minister responsible for the work and the self-government of the voivodships or the self-government of powiats or of the agreement between the employment bodies and the European Union.

3. The expenditure referred to in paragraph 3. 2, they shall be subject to a refund from the appropriations originating in the budget of the European Union up to the amount specified in the agreements referred to in paragraph 2. 2.

4. The agreements referred to in paragraph 1 shall be laid down in the 2, specify, in particular, the modus and the rules governing the granting and settlement of the measures referred to in paragraph 2. 1, in accordance with the provisions on public finance, taking into account the periods and time limits resulting from the agreements referred to in the paragraph. 2.

Article 106c. [ Purpose of the resources of the Labour Fund to finance part of the activities of public employment services] The resources of the Labour Fund may be allocated to finance part of the public service activities of the employment services resulting from the tasks set out in other statutes.

Article 107. [ Contributions to contributions] 1. The contributions to the Labour Fund shall be paid for the duration of compulsory pension and annuity insurance in the mode and on the rules laid down for the social security contributions.

2. The collection of contributions to the Labour Fund shall be carried out by the Social Insurance Institution on a separate bank account carried out for the contributions to the Labour Fund and the Guarantee Fund of the Employee Benefits Fund and shall transfer to the bank account of the authorising officer of the Labour Fund immediately, but not later than within 3 working days of their receipt, in the form of advances, part of the contributions collected in an account corresponding to the share of the rate of contributions to the Labour Fund in the sum of the interest rate of contributions to the Labour Fund and Fund Guaranteed Employee Benefits. The Social Insurance Institution will finally account for the collected contributions to the Labour Fund by the 20th of the following month.

3. In the event of non-payment of contributions to the Labour Fund or paying them in the lower than the due amount of the Social Insurance Institution may charge the employer or the person subject to social insurance an additional fee of up to 100% of the amount due contributions.

4. From the contributions to the Labour Fund not paid in the term of the Social Insurance Institution shall collect the interest on arrears, on the basis and in the amount set out in the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2017 items 201, 648, 768 and 935). These contributions and interest charges for late payment and the additional fee referred to in paragraph 1. 3, unpaid in time, shall be subject to enforcement of enforcement proceedings in administrative or civil proceedings. The contributions, interest receivables and additional charges shall be transferred to the bank account of the authorising officer of the Labour Fund.

5. The costs of collection of contributions to the Labour Fund shall be charged to this fund and shall be reimbursed to the Social Insurance Company in the amount of 0,5% of the amount of the contributions transferred to the bank account of the authorising officer of the Labour Fund.

6. In the case of non-transmission within the time limits specified in paragraph. 2 contributions, the interest collected and the additional fees referred to in paragraph 1. 4, for the bank account of the authorising officer of the Labour Fund shall be due from the Social Insurance Institution statutory interest for the delay.

Article 108. [ Purpose of the measures coming from the Labour Fund] 1. The resources of the Labour Fund shall be allocated to financing:

1) the costs of medical, psychological and specialized studies referred to in art. 2. 3 and art. 40 par. 5;

2) the costs associated with the organisation of the local partnership referred to in art. 6 para. 7, covering the costs of the organisation by the employment bodies of meetings and conferences with the participation of representatives of the local partnership institutions and the institutions implementing the initiative of labour market partners;

3) (repealed)

4) the costs referred to in art. 109 (1) 7a;

(4a) the costs of salaries and social contributions of the staff of the district labour offices referred to in Article 4 (1) of the basic Regulation. 9 ust. 2a and 2a 1 ;

(4b) the eligible costs for implementing the projects referred to in Article 4. 9 ust. 2d;

5) the cost of salaries paid to juvenile workers employed on the basis of a contract of employment for the purpose of professional preparation and social security contributions from the reimbursable remuneration referred to in art. 12 (1) 6;

(5a) the costs of correspondence, communication, transfer of funds and other documents necessary for the implementation of refunds on salaries and social security contributions for young workers;

6) the costs of training and the journeys of the members of the labour market councils referred to in art. 23 (1) 12 and 15;

7) (repealed)

8) (repealed)

9) the costs of training of employees, the unemployed and other eligible persons referred to in art. 41 par. 4 and 5 and Art. 43;

10) one-off amounts awarded to the training organisations referred to in Article 41 par. 9;

11) loans to finance the training costs referred to in art. 42;

12) the cost of travel and accommodation referred to in art. 45 and art. 48a;

(13) reimbursement of the costs of equipment or the retrofitting of a job for the unemployed, one-off measures for the taking up of economic activities, legal assistance, consultation and advice referred to in Article 3 (1) (b) of Regulation (EC) No 13provisional (2). 46;

(14) the costs of the paid social security contributions reimbursed to the employer referred to in Article 3 (2) of the Regulation. 47;

15) the activation allowances referred to in art. 48;

16) reimbursement of part of the costs incurred by the employer for the employment of unemployed persons in the context of the intervention work referred to in art. 51, 56 and 59;

16a) of the grants referred to in art. 60a;

16b) the activation benefits referred to in art. 60b;

(16c) the refund of the employer of the social security contributions for unemployed up to 30 years of age undertaking the first work referred to in art. 60c;

(16d) the costs of the remuneration of the unemployed person over 50 years of age referred to in Article 4 (1) of the basic Regulation. 60d;

17) scholarships referred to in art. 41, 42a, 53, 53g and 55;

17a) the cost of professional preparation of adults, referred to in art. 53l ust. 1;

18) social security contributions paid from scholarships referred to in art. 54;

19) reimbursement of costs incurred by the organizer of public works for the employment of unemployed persons referred to in art. 57;

20) (repealed)

21) the costs of child care and the dependent person referred to in art. 61;

21a) the costs of contracts concluded with the employment agency referred to in art. 61 b;

(22) the benefits granted to farmers exempted from the work referred to in Article 3. 62, with the exception of the benefits referred to in Article 62 ust. 1 point 1 (a)

(22a) the benefits granted to farmers exempted from the work referred to in Article 62 ust. 1 point 1 (a)

22b) the costs of implementing the commissioned activities in the field of social inclusion of the unemployed referred to in art. 62a par. 9;

22c) the regional programmes referred to in Article 66c;

22d) the commissioning of the activation activities referred to in art. 66d;

22e) loans for the establishment of a position of work or the taking up of the economic activities referred to in art. 61e, together with the costs associated with the provision of loans and advisory and training services;

(22f) expenditure incurred under the training voucher referred to in Article 66k ust. 1;

22g) expenditure incurred in the framework of the internship voucher referred to in Article 66l par. 1;

(22h) refund of the employer, in the framework of the employment voucher, part of the remuneration and social security contributions referred to in art. 66m ust. 7;

22i) expenditure incurred in the framework of the voucher for the settlement referred to in Article 2 (2) of the EC 66n;

22j) the costs of the tasks carried out under the KFS, referred to in Article 69a;

23) (repealed)

24) (repealed)

(24a) the benefits referred to in Article 73a ust. 3;

25) refunds for employers of social security contributions referred to in art. 70 par. 8;

26) allowances referred to in Art. 71, and social security contributions from those benefits referred to in art. 72 par. 13;

27) refunds of the supplements to the remuneration referred to in art. 100;

27a) (repealed)

28) the collection costs of the contributions referred to in Article 107 (1) 5;

29) the costs of developing, disseminating and implementing the classification of professions and specialties, professional qualification standards and modular training programmes for unemployed and jobseekers;

30) the development and dissemination of professional information and equipment for the purpose of work placement or professional counselling by the public employment and volunteer service Hufc Labour;

30a) the costs of creating occupational activation centres, which are run within the framework of the district labour offices;

30b) the costs of setting up local information and consultation points, which are run within the framework of the district labour offices;

31) to develop, issue or disseminate information on the services of the employment bodies and other partners of the labour market, for unemployed and job-seekers and employers;

31a) the development, issue or dissemination of information on the tasks and activities of public employment services carried out within the framework of the EURES network or resulting from representation in relation to the public employment services of other countries;

32) the costs of calls, notices, purchase or printing of registration cards and other prints necessary to determine entitlement to allowances and other benefits for unemployment, transfer of the unemployed persons due to cash benefits and costs communicate with employers, jobseekers, jobseekers, pension authorities and tax offices;

33) research, programme development, expertise, analysis, publishing and labour market contests;

34) the cost of introducing, developing and operating the ICT system and digital technologies in public employment services and the Volunteer Huftous Workforce to carry out the tasks resulting from the Act;

35) expenses related to promotion and legal assistance employed abroad under international agreements;

36) the costs of developing and disseminating by the public employment and volunteer service Hufce the work of information and training materials concerning the acquisition of the skills of searching and obtaining employment;

36a) the cost of carrying out an audit of external projects carried out under the European Social Fund co-financed by the Labour Fund;

37) the costs of running in the district labour offices, which require specialist knowledge, which is not available to the staff of the district labour office, as part of the group advice and training on the skills of the work in question referred to in art. 38 par. 1a and 3, by persons who are not employees of the district labour office, the costs associated with the organisation by the district labour office of training in the field of job search skills referred to in art. 40 par. 2h, and the costs of the academic equipment of the offices of the carier referred to in art. 39 (1) 6;

38) the costs of training and studies, including postgraduate studies, the staff of the public employment services and the staff of the Hufferous Labour Huftsmen;

38a) the costs of conferences, seminars, meetings or meetings, including international nature, organised by the Minister of the competent employment services, in particular for the staff of the public employment services and Volunteer Officers of Labour;

(b) the costs of the training of the staff implementing the activities of the EURES network in entities which have been accredited, organised by the Minister responsible for the work of the labour market;

39) (repealed)

40) benefits of integration granted on the basis of social employment regulations and social security contributions from these benefits;

41) the employment supported, to the extent and on the principles laid down in the provisions on social employment, and the support referred to in art. 12 (1) 3a of the Act of 27 April 2006. about social cooperatives;

42) the restructuring of employment in the scope and on the principles set out in the rules on public aid for entrepreneurs of particular importance for the labour market;

42a) the costs of the aid and the costs of its implementation by the Bank Gospodarstwa Krajowego to the extent and under the rules laid down in the state aid rules in the repayment of certain housing loans granted to persons who have lost their jobs;

42b) the costs associated with the implementation of the local government's tasks as defined in the provisions referred to in paragraph 42a;

43) the costs of litigation and enforcement in cases of unduly collected cash benefits and other payments from the Labour Fund;

44) the interest for the late regulation of the liabilities covered by the Labour Fund and the costs of servicing the separate bank accounts of the Labour Fund;

(45) repayment and servicing of loans and loans, including interest, incurred by the Labour Fund;

(46) pre-retirement benefits, pension benefits and burial allowances referred to in Article 141;

47) (repealed)

48) the costs referred to in art. 42a;

(49) expenditure relating to the participation of the public employment services in the EURES network referred to in Article 4, 106a;

(50) expenditure relating to the participation of public employment services in activities co-financed by the budget of the European Union, as referred to in Article 3 (2) of the Treaty 106b;

51) specific elements in support of employment, carried out under special programmes not mentioned in points 1 to 50;

52) commissioned special programmes, referred to in art. 66a ust. 11;

(53) the costs of carrying out pilot projects;

(54) pre-retirement allowances, pension benefits and funeral allowances, together with the costs of their service, as referred to in the provisions on pension provision;

54a) the costs of carrying out the operations of the external audit referred to in Article 4. 118b;

55) subsidising employers ' education costs for young workers to the extent and under the rules laid down in the rules on education system;

56) (repealed)

57) the cost of training of employees, covered by the provisions on specific solutions related to the protection of jobs;

58) the costs associated with the implementation of the tasks of the self-government as defined in the provisions referred to in point 57;

59) the costs associated with the implementation of the tasks referred to in art. 15 para. 1 point 13a of the Act of 9 June 2011. to support family and foster care system (Dz. U. of 2017 items 697).

1a. From the resources of the Labour Fund in 2009 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1b. From the resources of the Labour Fund in 2010 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1c. From the resources of the Labour Fund in 2011 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1d. From the resources of the Labour Fund in 2012 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1e. From the funds of the Labour Fund in 2013 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1f. From the Labour Fund in 2014. are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1fa. From the resources of the Labour Fund in 2015 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2. Postgraduate trainees and specializations of nurses and midwives referred to in the regulations on the professions of nurses and midwife.

1fb. From the resources of the Labour Fund in 2016 are financed:

1) postgraduate trainings and specialization training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2) specializations of nurses and midwives, referred to in the regulations on the professions of nurses and midwife.

1fc. From the resources of the Labour Fund in 2017 are financed:

1) postgraduate trainees together with the cost of handling specified in the medical regulations of the doctor and dental practitioner and the specialty training of doctors and dental practitioners, referred to in the regulations on the professions of the doctor and dentist;

2) specializations of nurses and midwives, referred to in the regulations on the professions of nurses and midwife.

1g. In order to support the local authorities in obtaining better effectiveness of the activities for the activation of unemployed persons, the Minister responsible for labour transfers in the years 2014-2017 to the financial resources of the Labour Fund to finance the costs referred to in the paragraph 1h and 1i.

1h. Minister of competent employment transfers in the years 2014-2017 the local authorities of powiats from the Labour Fund 5% of the amount of funds (limit) of the Labour Fund fixed for the previous year for the implementation of the programmes for promotion of employment, mitigation of the effects unemployment and professional activation, as referred to in art. 109 (1) 2, with the exception of the amounts allocated from the reserve of the authorising officer of the Labour Fund, for the financing of the wage costs and social contributions of the staff of the district labour office acting as advisers of the client.

1i. Minister of competent employment transfers in the years 2014-2017 the local authorities of powiats from the Labour Fund 2% of the amount of funds (limit) of the Labour Fund fixed for the previous year for the implementation of programmes for promotion of employment, mitigation of effects unemployment and professional activation, as referred to in art. 109 (1) 2, with the exception of the amounts allocated from the reserve of the authorising officer of the Labour Fund, for the financing of the costs of rewards and social contributions of the staff of the district labour office, in particular the functions of the client's advisers; and occupying managerial positions, subject to Article 109 (1) 7h-7j.

1j. From the funds of the Labour Fund in the years 2016-2017 the costs referred to in art are financed. 150f and art. 150g.

2. The Directorate of the Labour Fund may make transfers of the amounts foreseen in the Job Fund plan for the financing of individual tasks and for the financing of new, unforeseen tasks in the case of their implementation of the Act, with the fact that The total amount of funding for counteracting unemployment should not be reduced in order to be used for other purposes.

3. The Minister responsible for the work in agreement with the Minister responsible for public finance shall determine, by way of regulation, the detailed rules of the financial economy of the Labour Fund and the rules and mode of entrustment by the employment bodies banks and other institutions for the payment of cash benefits for the unemployed and other eligible persons, with a view to ensuring the rationality of the management of the funds of the Labour Fund.

Article 109. [ The transfer of the local authorities of voivodships and powiats of funds from the Labour Fund] 1. The Minister of the competent labour affairs shall transfer, to the extracted bank account, the local authorities of voivodships and powiats the resources of the Labour Fund to finance the tasks carried out in the voivodship up to the amounts determined in accordance with the paragraph. 2-11.

2. The amounts of funds (limits), which may be spent in the financial year for the implementation of programmes for the promotion of employment, mitigation of the effects of unemployment and professional activation and other optional tasks in the voivodship, shall be determined by Minister competent for work on the basis of algorithm.

2a. Marshal of the voivodship may allocate within the amount of the funds (limit) of the Labour Fund referred to in the paragraph. 2, for the implementation of the programmes for the promotion of employment, the mitigation of the effects of unemployment and of professional activation, not more than 5% of the amount of the funds (limit) of the Labour Fund for the financing of the implementation of the regional programmes referred to in art. 66c.

2b. The Minister of competent employment, on the basis of the conclusions of the Marshals of the voivodships, shall determine the amounts of appropriations (limits) of the Labour Fund, with the purpose of financing, for the financial year concerned, the commissioning of the activation activities referred to in art. 66d.

2c. The amounts of appropriations (limits) of the Labour Fund referred to in paragraph 1. 2b, may be increased, at the request of the Marshal of the Voivodship, for the reserve assets of the Labour Fund at the disposal of the Minister responsible for the work cases.

2d. The resources of the Labour Fund to finance in a given financial year the tasks carried out under the KFS, hereinafter referred to as the "KFS" shall be defined in the plan of the Labour Fund for that year, in an amount corresponding to the amount of 2% of the revenue of the Labour Fund obtained from compulsory contributions to the Labour Fund in the year before the year preceding the year for which the financial plan of the Labour Fund is drawn up.

2e. The amounts of the resources of the Labour Fund which may be spent in the financial year for financing in the voivodship of tasks carried out by the district labour offices within the framework of the KFS measures referred to in art. 69a par. 2, with the exception of the amounts of appropriations for the financing of tasks carried out by the Minister responsible for Labour and the Voivodship Labour Officials, and then reduced by 20% of the reserve, shall be determined by the Minister responsible for the work of the labour office on the basis of the model of the distribution of the appropriations fixed by the Minister responsible for the work in agreement with the Labour Market Council.

2f. The Minister responsible for the work shall publish annually on the website of the Office serving the Minister, the priorities, the pattern of the breakdown and the plan of expenditure of the KFS appropriations for the financial year concerned, including the additional priorities the expenditure or allocation of the KFS reserve assets referred to in paragraph 1. 2e.

2g. The Minister responsible for the work shall specify in the KFS expenditure plan the amount of appropriations for the financing of the tasks referred to in Article 4. 69a par. 2 points 2 to 5, carried out by the Minister of the competent labour affairs and provincial labour offices.

2h. The measures referred to in paragraph 1. 2g, shall be allocated in equal amount to the implementation of the actions financed under the KFS measures by the office serving the Minister responsible for the work and each voivodship office.

2i. The Minister of competent employment shall forward to the request of the Marshal of the voivodship the measures referred to in paragraph. 2g, for the implementation of the actions financed under the KFS by the voivodship office, on the extracted bank account of the self-government of the voivodship.

2j. On the basis of the demand declared by the local authorities of the powiats, within the priorities set by the minister competent for the labour affairs, the management of the voivodship shall allocate the amounts of the measures referred to in paragraph. 2e, for the continuing training activities of the staff and employers referred to in Article 4. 69a par. 2.

2k. The Minister responsible for the work shall fix the limits of the KFS appropriations for the financing of the measures referred to in Article 4. 69a par. 2, on the basis of the information of the Marshal of the voivodship with the division made by the mouth. 2j.

2l. The amounts of the appropriations within the limit referred to in paragraph 2. 2k, shall be transferred, at the request of the starost of the district, by the Minister responsible for the work, on the extracted bank account of the district government.

2m. The self-government of the district through the Marshal of the voivodship may request additional funds from the reserve referred to in paragraph. 2e, to finance the tasks carried out under the KFS, after exhaustion of the appropriations within the limits referred to in paragraph 1. 2k.

2n. In the case of the transfer to the Minister responsible for the work of information about the impossibility of using the resources of the Labour Fund in a given financial year for the financing of the tasks carried out under the KFS, these measures increase the amount of the reserve of which Paragraph 1. 2e.

3. The Minister responsible for the work shall determine and transfer to the Voluntary Bank Account of Hufcom Work the amount of the funds of the Labour Fund for the reimbursement of salaries and social security contributions of young workers, training of employees of volunteer Hufców Labour and the implementation of other tasks financed by the Labour Fund.

4. The Minister of competent employment shall determine and transfer to the bank account of the provincial offices the funds of the Labour Fund, for the financing of the costs:

1) training of the employees of the voivodship offices and the voivodship and district labour offices;

2) the introduction, development and operation of the ICT system and digital technologies in the provincial offices for the implementation of the tasks resulting from the Act.

5. Measures of the Labour Fund for the payment of benefits and other compulsory benefits are transferred to the local authorities of voivodships and powiats up to the amount of actual needs.

6. (repealed)

7. The basis for spending the funds of the Labour Fund for financing in the voivodship of projects co-financed by the European Social Fund within the framework of the programmes referred to in the rules on the principles of conducting development policy and the provisions on the principles of implementation of the cohesion policy programmes financed in the financial perspective 2014-2020, constitutes an agreement concluded between the province's management and the minister competent for regional development, after prior agreement of the content of the agreement and the amount of resources of the Labour Fund to finance these projects, each year of implementation of these programmes, with the minister competent for work. Copies of the agreements concluded by the Minister responsible for regional development shall be transmitted immediately by the Minister responsible for the work to the Minister.

7 1 . Within the framework of the resources of the Labour Fund referred to in paragraph 1. 7, the minister competent for work, at the request of the Marshal of the voivodship, grants the local authorities the amounts of funds (limits) for the financing of projects co-financed by the European Social Fund.

7a. The basis of spending in a given financial year of the funds of the Labour Fund for the financing of parts of tasks carried out by the Voivodship Labour Officials, including:

1) preparing for the order of the Minister responsible for the work of:

(a) studies on the labour market, on the basis of a uniform methodology,

(b) studies, forecasts, expert reports, analyses, publishing and labour market contests,

(c) the development of central professional information,

2) conducting trainings of the employees of the voivodship and district labour offices in the implementation of basic services of the labour market,

3) costs of handling KFS,

4) part of the costs of salaries and social security contributions, the contributions to the Labour Fund and the write-off of the social benefit fund of the employees of the voivodship offices performing tasks resulting from the implementation of the voivodship co-financed by the European Social Fund and the Labour Fund, or carrying out the tasks set out in point 1

-constitutes an agreement concluded between the Minister for Work and the Boards of Labour.

7b. Marshal of the voivodship informs the Minister responsible for work of the amount of funds of the Labour Fund earmarked in a given financial year for the implementation by powiaty of projects co-financed by the European Social Fund within the framework of individual actions, including the funds of the Labour Fund at the disposal of the voivodship's self-government and from the resources of the Labour Fund at the disposal of the district authorities.

7c. (repealed)

7d. The Minister responsible for labour may disburse funds from the reserve of the Labour Fund for pilot projects.

7e. The basis for spending the funds of the Labour Fund for a pilot project, carried out by the self-government of the voivodship or district, constitutes an agreement between the self-government of the voivodship or the county and the minister competent for labour, specifying in particular the amount of appropriations for that purpose and the way in which they are spent.

7f. The resources of the Labour Fund for the financing by the district authorities of the implementation of programmes for the promotion of employment, the mitigation of the effects of unemployment and of professional activation and other optional tasks may be intended, as a contribution of own, to the implementation of projects co-financed by the European Union.

7g. Projects financed or co-financed from sources other than the Labour Fund may be carried out by the district authorities only if:

1) in the framework of these projects only activities complying with the provisions of the Act are implemented;

2) their implementation, excluding projects co-financed by the European Social Fund, referred to in art. 2. In accordance with Article 1 (1) (a), a supplementary pool of measures may be obtained for the activation of the unemployed or the promotion of employment.

7h. The amount of the measures referred to in art. 108 (1) 1i, in 2014 is transferred to the district authorities at the request of the starost, submitted through the Marshal of the voivodship by 31 July 2014, containing confirmation of fulfilment by the county office of work of two of the three following conditions:

1) achievements, as at 31 December 2013, of the percentage of the participation of employees of the district labour office employed in the positions referred to in art. 91 (1) 1 points 1 to 4, in total employment at a level higher than 5 percentage points below the average percentage of the employee participation rate obtained in all the district labour offices or the achievement of the jobless rate for one of the members of the district labour office employed in one of the posts referred to in Article 4 of the Rules of the European Parliament and of the Council of the 91 (1) 1 points 1 to 4, at a level less than 15% above the average ratio of the number of unemployed persons obtained in all the district labour offices, with the calculation of the total number of employees employed in the posts, o which are referred to in art. 91 (1) 1 points 1 to 4;

2) the achievements, in the year preceding the year of submission of the application, of the index of the employment efficiency of basic forms of professional activation referred to in art. 4 par. 1 1 point 2 (b), at a level higher than 2 percentage points below the average of the employment efficiency of basic forms of professional activation, obtained in all the district labour offices;

3) the achievement, in the year preceding the year of submission of the application, the cost-effectiveness index of the basic forms of professional activation referred to in art. 4 par. 1 1 point 2 (c), at a level less than 15% above the average cost-effectiveness of the basic forms of professional activation obtained in all the district labour offices.

7i. The minister responsible for labour will decrease in 2014. the rate referred to in paragraph (s), as appropriate, 7h point 2, so that not less than 75% of the total number of district labour offices is subject to the funding from the Labour Fund for special rewards and social security contributions of the staff of the district labour offices, within the amount of which Article 108 (1) 1i.

7j. The amount of the measures referred to in Article 4. 108 (1) 1i, in the years 2015-2017 is transferred to the local authorities of powiats at the request of the starost, submitted through the Marshal of the voivodship by the date of 31 July of the relevant calendar year, containing confirmation of fulfilment by the county labour office two of the following three conditions:

1) achievements, as at 31 December of the previous year, of the percentage of the participation of the employees of the district labour office in total employment at a level higher than the average percentage of employees ' participation in the labour office obtained in all district labour offices or the achievement of the ratio of the number of unemployed persons per employee of the district labour office acting as a client advisor at a level lower than the average number of persons the unemployed persons obtained in all the district labour offices;

2) the achievements, in the year preceding the year of submission of the application, of the index of the employment efficiency of basic forms of professional activation referred to in art. 4 par. 1 1 point 2 (b), at a level higher than the average employable efficiency of basic forms of professional activation, obtained in all district labour offices;

3) the achievement, in the year preceding the year of submission of the application, the cost-effectiveness index of the basic forms of professional activation referred to in art. 4 par. 1 1 point 2 (c), at a lower level than the average cost-effectiveness of basic forms of professional activation, obtained in all the district labour offices.

7k. The amount of the funds referred to in Article 108 (1) 1i, not transferred to the local authorities of the counties in relation to the failure to meet the conditions referred to in paragraph. 7h-7j, at the disposal of the Minister responsible for labour for the local authorities to finance the costs of special rewards and social security contributions from the labour offices of the district labour offices who obtain the best the performance indicators referred to in Article 4 par. 1 1 point 2, and for the financing of the tasks defined in the Act.

7l. The Minister responsible for the work will determine, by means of a regulation, the procedure for the granting of the local authorities of the counties of the Labour Fund for the financing of the costs of special prizes and social security contributions of the staff of the district labour offices, that obtain the best employment and cost efficiency indicators, with a view to the availability of resources and to provide support for effective activation measures.

7m. The amount of the measures referred to in art. 108 (1) 1h, is transferred to the local authorities of powiats in monthly periods, in the amount of 1/12 of the amount fixed for a given year.

8. The amounts of the resources of the Labour Fund for financing of programmes for the promotion of employment, mitigation of the effects of unemployment and professional activation and other optional tasks carried out by the counties shall be determined by the Board of Governors, according to the the criteria defined by the state's seismist, within the amount referred to in paragraph. 2. In determining the criteria, the Sejmik of the voivodship should take into account in particular:

1) the number of unemployed;

(2) the unemployment rate;

3) the structure of unemployment;

4) the amount of funds of the Labour Fund intended in the district for the implementation of projects co-financed by the European Social Fund;

5) the efficiency of the work of the work offices for the activation of the unemployed.

8a. In the amount of the Labour Fund resources determined in accordance with the paragraph. 8 for the county for the financing of the programmes for the promotion of employment, the mitigation of the effects of unemployment and the activation of the professional participation of the funds earmarked for the financing of the implementation of the Activization and Integration Programme referred to in art. 62a, is not more than 5%.

9. Selection of the forms of professional activation of the unemployed and other eligible persons, within the total amount fixed for the district to the financing of programmes for the promotion of employment, mitigation of the effects of unemployment and professional activation, shall be carried out by the starost, After consulting the district labour market council.

10. The employment bodies and voluntary huphers of work may conclude agreements, agreements and award of contracts for the implementation of labour market programmes financed by the Labour Fund, which result in the creation of commitments going to the following year. the amount of 30% of the amount of the appropriations (limits) fixed for the calendar year in question and, together with the commitments resulting from the implementation of the projects co-financed by the European Union up to the amount determined by the Minister responsible for the work of the labour market. These obligations shall be borne by the amount (limit) of the measures of the Labour Fund set for the following year.

11. The Council of Ministers shall determine by way of regulation:

1) the algorithm referred to in paragraph. 2, with a view to making the amount of the appropriations available for the financing of the programmes for the promotion of employment, the mitigation of the effects of unemployment and the activation of professional activities in the following ways:

(a) the number of unemployed persons and the unemployment rate-75%,

(b) the effectiveness of the action for the activation of the unemployed-25%;

2) the method of determining the amounts of the funds of the Labour Fund at the disposal of the local government for the implementation of projects co-financed by the European Social Fund, with a view to ensuring the financing of the implementation of these projects;

(3) the amount and purpose of the reserve at the disposal of the Minister responsible for the work, with a view to providing financing for additional support for the performance of the tasks for the benefit of the unemployed and other eligible persons.

11a. (repealed)

12. Fixed assets or equipment purchased from the Labour Fund by:

1) the employment or Volunteer Hufc Labour bodies for the purposes of carrying out the tasks defined in the Act become the property of the State Treasury or the competent local government at the exclusive disposal respectively: the office serving the minister appropriate for the work, the voivodship office, the district labour office, as well as the separate organisational cell of the office serving the proper water-carrying case carrying out the tasks defined in the Act;

2. the entities and persons referred to in art. 46, they become their property;

3) higher schools or student organisations referred to in art. 39 (1) 6, they become their property.

13. Specific elements in support of employment referred to in art. 2. 1 point 36a, purchased from the funds of the Labour Fund by the district labour office, may become the property of the participant of the special programme after the completion of the special programme or after the end of the participation in the special programme due to the taking up of employment, o how much they are necessary to obtain or maintain employment.

Article 109a. [ Training costs] 1. The costs of training referred to in art. 108 (1) Article 1 (9) shall not exceed 10 times the minimum wage per person per person over the following three years.

2. The annual cost of training and studies referred to in art. 108 (1) 1 point 38, for one person, may not exceed 150% of the average remuneration.

3. The limit referred to in paragraph. 2, the costs of training organised and financed by:

1) the minister competent for labour affairs for employees of public employment services;

2) voivodship for the employees of the voivodship and the district labour offices;

3) provincial government for the employees of the district labour offices.

4. The annual cost of training referred to in art. 108 (1) 1 point 38b, for one person, financed by the minister responsible for labour, shall not exceed 40% of the average remuneration.

5. The costs of training referred to in art. 108 (1) Article 1 (6) may not exceed five times the minimum wage per person per person for the following three years.

Article 109b. [ Transfer to ZUS funds from the Labour Fund] 1. The Minister responsible for the work shall transfer to the bank account of the Social Insurance Institution the funds of the Labour Fund for the financing of benefits and pension benefits and the costs of their service within the time limits the payment of benefits.

2. The basis for the transfer of the measures referred to in paragraph 2. 1, there is a contract concluded between the Minister of competent employment and the Social Insurance Company.

3. The contract shall specify in particular the amount of the funds, the mode of transmission and the amount of the costs associated with handling the payment of benefits.

4. The Social Insurance Institution shall settle the received funds within 20 days after the expiry of the month in which the benefits are paid out.

Article 109c. [ The transfer to the office of the voivodship from the Labour Fund] 1. The Minister responsible for work at the request of the voivodship shall transfer to the separate bank account of the voivodship office resources of the Labour Fund for the communes to finance the employers ' educational costs of the young workers.

2. The basis for the transfer of the measures referred to in paragraph 2. 1, there is a contract concluded between the minister competent for work and the wojewater.

(3) The agreement shall specify in particular the amount of the appropriations and the mode of transmission to carry out the tasks referred to in paragraph 3. 1.

4. The wojewoda shall settle the received measures within 20 days after the expiry of the month in which the funds for the implementation of the tasks referred to in paragraph are transferred. 1.

Article 109d. [ Transfer of funds from the Labour Fund for state aid in the repayment of certain housing loans] 1. The Minister responsible for the work shall transfer the resources of the Labour Fund to the State aid in the payment of certain housing loans granted to persons who have lost their jobs, in accordance with the rules laid down in the separate rules.

2. The Minister responsible for the work shall transfer the funds of the Labour Fund to the extracted bank account of the district labour office with a view to covering the costs of carrying out the tasks of the self-government of the district as defined in the provisions referred to in art. 108 (1) 1 point 42a, at the rate of 1% of the amount granted on the basis of those provisions of the aid.

Article 109e. [ Agreement for the transfer of funds] 1. The Minister of the competent labour affairs shall transfer to the bank account of the Bank Gospodarstwa Krajowego measures of the Labour Fund, for the financing of:

1) loans for the establishment of a position of work or loans for the taking up of business activity and advisory and training services referred to in art. 61;

2) the costs associated with the granting and servicing of loans.

2. The basis for the transfer of funds shall be the contract concluded between the Minister of competent employment and the Bank Gospodarstwa Krajowego (Bank Gospodarstwa Krajowego).

3. The contract referred to in paragraph 3. 2, it shall specify in particular:

1) the amount of the financial resources referred to in art. 61e, provided by the Minister responsible for Labour to the Bank Gospodarstwa Krajowego, including the remuneration of Bank Gospodarstwa Krajowego;

2. the conditions and mode of transfer of funds;

3) the mode of lending, including the division of tasks carried out by the Bank Gospodarstwa Krajowego and financial intermediaries referred to in art. 61g;

4) the requirements to be fulfilled by the financial intermediary referred to in art. 61 g ust 2, within the scope of the period of operation on the market, of having experience of granting loans for the taking up or development of the business activity and the amount of capital held;

5) the manner of providing advisory and training services referred to in art. 61;

6) way of implementation and financing of promotion and information activities;

(7) obligations relating to the granting of aid de minimis Referred to in art. 37 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. of 2016 r. items 1808 and 1948);

8) the conditions and mode of control of the correctness of the implementation of the agreement referred to in paragraph. 2, and the entities entitled to carry it out;

9. the manner in which the repaid capital is used, the interest on loans and other revenue, including recovery measures as a result of recovery operations;

(10) the obligation on financial intermediaries to carry out recovery operations;

11) how to withdraw funds from the Bank Gospodarstwa Krajowego;

12) the mode of accounting for the funds received and the reporting of the minister responsible for the labour affairs.

4. The funds for repaid and repaid loans and the interest rate on loans shall be used to provide further loans, provide advisory and training services, and finance the costs associated with their servicing.

Article 109f. [ Support provided by the district labour offices for jobseekers and jobseekers] The district labour offices shall provide support from measures other than those of the Labour Fund, in particular in the framework of projects financed by the European Social Fund, exclusively unemployed and seeking employment, in a manner and in a manner specified in the Act.

Article 109g. [ Transfer of EU funds to finance loans for job creation] 1. The Minister responsible for regional development, in agreement with the Minister responsible for the work, may transfer to the account of the Bank Gospodarstwa Krajowego funds of the European Union for the financing of loans for the creation of a position of work or loans for economic activity and advisory and training services, as well as costs associated with it, according to art. 109e.

(2) The amount of the funds transferred shall increase the amount of the appropriations referred to in Article 3. 109e ust. 1.

Article 109h. [ Measures for the implementation of tasks] The Minister responsible for the family shall annually transfer the resources of the Labour Fund to the accounts of the voters for the implementation of the tasks referred to in Article 4. 15 para. 1 point 13a of the Act of 9 June 2011. to support the family and replacement furnace system, in the amount of not more than 70 million zł.

Article 110. [ Relevant applicable provisions on public finances] In the field of the economy of the special-purpose funds not regulated in this chapter, the provisions on public finance shall apply accordingly.

Chapter 19

Supervision and control

Article 111. [ Supervision of wojewater] The wojewoda shall exercise the supervision referred to in Article. 10 para. 1, in particular by:

1) examination of the documents and data, necessary for the supervision or control;

2. the execution necessary for the purposes of supervision or control of write-downs, extracts from documents or photocopies and compilations and calculations made on the basis of documents;

3. carrying out the visual inspection of premises and premises and the observation of the conduct of the activities under supervision or control;

4) a request from the employees of the audited entity to provide oral and written information in connection with supervisory or control activities;

5. calling and interrogating witnesses;

6) request the issue of an opinion by experts and specialists in the field of labour market.

Article 112. [ Inspectors team] 1. The activities referred to in art. 111, on behalf of and under the authority of the voivodship, shall conduct a team of employees competent for the work of the department of the voivodship office in the composition of at least two persons, hereinafter referred to as " the team of inspectors

2. The team of inspectors carrying out the activities referred to in art. 111, it is obliged to show the legitimacy of the service and the authorisation.

Article 113. [ The result of the inspection and the right of the entity controlled to raise objections] 1. Wojewoda, as a result of the team of inspectors of the activities referred to in art. 111, may delegate to a controlled recommendation, instructing the body, and may make comments and conclusions.

2. The controlled entity may, within 14 days from the date of receipt of the recommendations, observations and conclusions, raise objections to them.

3. The Wojewoda shall address the reservations within 14 days from the date of their service.

4. In the event of failure to take account of the reservations, the entity shall be obliged within 30 days to notify the voyeurls of the implementation of the recommendations, observations and conclusions.

(5) If the water is taken into account, an entity controlled within 30 days shall be obliged to notify the voyeurls of the implementation of the recommendations, observations and conclusions referred to in paragraph 1. 1, taking into account the changes resulting from the reservations.

6. In the event of significant deficiencies in the implementation of statutory tasks, in particular the application of standards of labour market services by voivodship or district labour office of wojewoda, irrespective of the other means available to it, shall notify the observed deficiencies of the Marshal of the voivodship or starostia respectively.

7. The Marshal of the voivodship or the starosta to whom the notice of significant deficiencies has been addressed shall be obliged to notify the water of the action taken within 30 days from the date of receipt of the notice of the identified misconduct.

Article 114. [ The consequences of revealing significant deficiencies in the performance of statutory tasks] 1. If, as a result of the operations carried out, referred to in art. 111, were disclosed significant deficiencies in the implementation of statutory tasks, in particular the application of the standards of labour market services by the voivodship or the district labour office, the wojewoda may commission the local government unit development of a comprehensive a remedial programme or call on the local government unit to appoint a replacement contractor within a period of not more than 2 months from the date of receipt of the call.

2. In the case of non-designation by the local government unit of the substitute contractor within the time limit referred to in paragraph. 1, or failure to develop or not to implement a comprehensive recovery programme, the voicwater may request an administrative court with a complaint against the inactivity of an entity subject to supervision or control.

Art. 114a. [ The provision of information on the implementation of the supervisory and control obligation] The water-water shall be notified to the Minister responsible for the work by 31 January of the implementation of the previous supervisory and control measures referred to in Article 4. 10 para. 1, together with their results and evaluation, containing in particular:

1) the assessment of the validity of the substantive and formal tasks covered by the supervision or control;

2) an assessment of the implementation of the basic services of the labour market, with particular regard to the observance of the ways specified in the standards of labour market services.

Article 115. [ Responsibility for the non-realisation of water recommendations and the non-application of standards of labour market services] 1. Who does not implement the recommendations of the wojewaters referred to in art. 113-is subject to a penalty payment of up to PLN 6,000.

2. Who does not apply the standards of labour market services-is subject to a penalty payment of up to 10 000 PLN.

3. The monetary penalty shall be issued to the voyewater by means of an administrative decision, taking into account the size, degree and social detriment of the identified deficiencies.

4. The legal interest for the delay shall be collected from the monetary penalty not paid at the time of the delay.

5. The execution of the monetary penalty with the interest referred to in the paragraph. 4, takes place in the rules of enforcement proceedings in the administration.

Article 116. (repealed)

Article 117. (repealed)

Article 118. (repealed)

Article 118a. [ Checks carried out by the Labour Fund Dissponsor] 1. The Dissponsor of the Labour Fund may carry out in public employment services and in other bodies, organizations and organizational units which have received the funds of the Labour Fund, checks in the scope of:

1) the expenditure of the Labour Fund in accordance with its intended purpose;

2) compliance with the rules and the mode of spending the resources of the Labour Fund;

3) proper documentation and settlement of received and disbursed funds of the Labour Fund;

4) not exceeding the rules laid down by the Minister responsible for the work of the amounts of the Labour Fund (s) referred to in Art. 109 (1) 2-4 to finance the tasks carried out in the financial year.

2. The controls shall be obliged to make available all documents and provide explanations on matters within the scope of the inspection.

Article 118b. [ Operational external audit] 1. A Dissponsor of the Labour Fund may order the selected entity to carry out an operational external audit in the district labour offices obtaining the effectiveness of the basic forms of professional activation referred to in art. 4 par. 1 1 point 2 (b), at a level lower than the national average or the cost-effectiveness of the basic forms of professional activation referred to in Article 2 (2) (b), 4 par. 1 1 point 2 (c), at a level higher than the national average.

2. The operational external audit shall be carried out by an entity independent of the district labour office, with the relevant qualifications and experience of the audit, or having the persons entitled to carry out the audit, taking into account international audit standards in the field of:

1) assessing the effectiveness of managing the entity;

2) study the effectiveness of the unit's operation.

3. From an operational external audit, a report shall be drawn up containing a description of the facts established and its assessment, as well as recommendations or proposals for the removal of irregularities or improvement of the functioning of the the district labour office in improving the resulting effects on the expenditure of the Labour Fund to finance the implementation of the tasks referred to in Article 4 (2) of the Regulation. 9 ust. 1.

4. The report of the operational external audit shall be the basis for the occurrence by the administrator of the Labour Fund to the management board of the district with the request for the development of a remedial programme

5. The district labour offices, where the operational external audit is carried out, shall be required to provide documents and provide explanations on the matters covered by the audit scope.

Chapter 20

Liability for transgressions against the provisions of the Act

Article 119. [ Liability of the unemployed person for taking gainful activity without notifying the district labour office] 1. (repealed)

2. Unemployed, who has undertaken employment, other gainful employment or business activity without notification of this appropriate district labour office, shall be punished by the fine of not less than 500 PLN.

3. The perpetrator shall not be punished if prior to the date of commencment of the control in the subject controlled by the obligation referred to in art. 74, has already been met.

Article 120. [ Liability for unlawful acts involving the exercise of work by a foreigner] 1. Who entrusts the foreigner with illegal performance of the work shall be punished by the fine of not less than 3000 PLN.

2. The foreigner who illegally performs the work shall be punished by the fine of not less than 1000 zł.

3. Who, by means of the introduction of a foreigner in error, exploitation of error, use of a business relationship or inability to properly understand the activity of the undertaking, drives the foreigner to illegally perform work, is punishable by the fine 10 000 zł.

4. Whoever requests a foreign benefit from the foreigner in exchange for taking action to obtain a work permit or other document entitling to perform the work, shall be punished by the fine of not less than 3000 PLN.

5. Whoever, by means of misleading, exploitation of error or inability to properly understand the undertaking in question, leads another person to entrust the foreigner with illegal work, shall be punished by the fine up to 10 000 PLN.

6. Who fails to comply with the obligation referred to in art. 88i, shall be punished by the fine of not less than 100 PLN.

7. [ 47] Who entrusts employment or the pursuit of another gainful employment to a foreigner led by an entity other than the employment agency, shall be punished by the fine of not less than 3000 PLN.

Art. 120a. [ Conditions for the lawful conduct of the conduct of the work of a foreigner] He shall not be punished for the offence referred to in Article 4. 120 (1) 1, consisting in the task of entrusting the execution of work to a foreigner not having a valid visa or other document entitling to stay in the territory of the Republic of Poland, who entrusting the performance of the work to the foreigner, has fulfilled the following conditions:

1) fulfilled the obligations referred to in art. 2 and Art. 3 of the Act of 15 June 2012. the consequences of entrusting the work of work to foreigners staying against the provisions in the territory of the Republic of Poland (Dz. U. Entry 769), unless he knew that the presented document entitling to stay in the territory of the Republic of Poland was falsified;

2) reported the foreigner, to whom he entrusted the performance of work, to social insurance, as long as such obligation arises from the applicable regulations.

Article 121. [ Responsibility for running the employment agency without entry in the register] 1. [ 48] Who, without the required entry in the register of employment agencies, runs the employment agency, providing services in the field of:

1) personal counseling, professional counselling or placement of employment with the exception of the management of persons to work abroad in foreign employers, shall be punished by the fine from 3000 to 10 000 PLN;

2) temporary work or brokering work in the scope of directing persons to work abroad in foreign employers, shall be punished by the fine from 3000 to 100 000 PLN.

1a. [ 49] In the same case, a person is subject to a foreign company prior to the establishment of employment services, personal counseling or professional counselling on the territory of the Republic of Poland, he has not made a notification, This is a matter of the 19i ust. 1, the marshal of the voivodship competent due to the place of the provision of services.

2. Who, by providing the services referred to in art. 18 (1) 1 or in Art. 18c par. 2, levy on the person for whom he is seeking employment, other gainful employment or whom he grants assistance in the selection of the relevant profession and place of employment, additional fees other than those mentioned in Art. 85 (1) 2 point 7, shall be punished by the fine of not less than 3000 PLN.

3. The same penalty shall be subject to who, by providing the services referred to in art. 18 (1) 1 or in Art. 18c par. 2, does not comply with the principle of prohibition of discrimination on grounds of sex, age, disability, race, religion, ethnicity, nationality, sexual orientation, political beliefs and denomination or on grounds of association.

3a. [ 50] Who, being a foreign entrepreneur, does not inform the Marshal of the voivodship about the change of the data referred to in art within the appointed date. 19i ust. 1 points 1-3, or about ceasing to operate in the territory of the Republic of Poland, shall be punished by the fine of not less than 3000 PLN.

4. (repealed)

5. (repealed)

6. [ 51] Who, when leading the employment agency providing the service referred to in art. 18 (1) 1 point 1 letter f, does not direct a person to work abroad directly to a foreign employer or does not contain with that person a written agreement referred to in art. 85 (1) 2, or conclude this contract, not in accordance with the conditions laid down in the Article. 85 (1) 2, shall be punished by the fine of not less than 4000 PLN.

7. [ 52] Who, when leading the employment agency providing the service referred to in art. 18 (1) 1 point 1 (f) shall not include the foreign employer in writing the written contract referred to in Article 1 (1) (f). 85 (1) 3, or conclude this contract, not in accordance with the conditions laid down in Art. 85 (1) 3, shall be punished by the fine of not less than 4000 PLN.

8. [ 53] Who, when leading the employment agency providing the service referred to in art. 18 (1) 1 point 1 letter g, does not direct the foreigner to employment or other gainful employment directly to entities operating in the territory of the Republic of Poland or does not contain with the foreigner the contract referred to in art. 85a ust. 2, or conclude this contract, not in accordance with the conditions laid down in the Article. 85a ust. 3, or does not present to the foreigner a written translation of this agreement, or does not present to the foreigner or the entity the written information referred to in art. 85a ust. 5, or does not carry out the lists referred to in art. 85a ust. 6, shall be punished by the fine of not less than 4000 PLN.

Article 121a. [ Liability for the collection of additional fees from the person addressed to the practice] Who, from a person addressed to the entity for the purpose of acquiring practical skills, in particular the taking of a practice of alumni, apprenticeships or trainees, other than employment or other gainful employment, shall levy additional fees other than those of a person who is a member of listed in art. 85 (1) 2 point 7, shall be punished by the fine of not less than 3000 PLN.

Article 121b. [ Liability for failure to conclude a contract with a person addressed to the practice] Who, when directing a person abroad to a foreign entity for the purpose of acquiring practical skills, in particular to have a graduate practice, apprenticeships or trainees, who are not employed or other gainful employment, does not include this person the contract referred to in Article 85 (1) 2, shall be punished by the fine of not less than 4000 PLN.

Art. 121c. [ Responsibility for failure to provide written information or to provide information that is not in accordance with the facts of the case] Who provides the services referred to in art. 18 (1) 1 or in Art. 18c par. 2, a person making a job abroad, temporary work and a person headed abroad for the purpose of acquiring practical skills, in the form of a graduate practice, apprenticeships, apprenticeships, non-employment, or other work earnings-does not provide the written information referred to in art. 19d ust. 1 point 2, or any information that is not in accordance with the facts, is punishable by a fine of not less than 3000 PLN.

Article 122. [ Liability for non-payment of contributions to the Labour Fund] 1. Who:

1) do not fulfil the obligation to pay contributions to the Labour Fund or do not pay them in the prescribed time limit,

2) it does not report the required data or reports untrue data affecting the dimension of the contributions to the Labour Fund, or gives untrue explanations in this respect or refuses to grant them

-shall be punished by the fine of not less than 3000 PLN.

2. The perpetrator shall not be punished if prior to the day of commencement of the control in the subject of the controlled arrears the outstanding contributions to the Labour Fund have already been paid at the required amount.

Article 123. [ Responsibility for Discriminatory Practices] Who on the grounds of sex, age, disability, race, religion, nationality, political beliefs, ethnicity, religion or sexual orientation refuses to employ a candidate on a free place of employment or a place of professional preparation, shall be punished by the fine not less than 3000 zł.

Article 124. (repealed)

Article 125. [ Application of provisions of the Code of Conduct on Offense Cases] 1. Orzecking in cases of the acts referred to in art. 119-123, followed by the provisions of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2016 r. items 1713 and 1948 and of 2017 items 708, 962 and 966).

2. The punishable and enforced fines of fines referred to in art. 119-123, the courts shall transfer directly to the account of the authorising officer of the Labour Fund, in the manner and time limits laid down in the rules on how the state budget is executed.

Chapter 21

Amendments to the provisions in force

Article 126. (bypassed)

Article 127. (bypassed)

Article 128. (bypassed)

Article 129. (bypassed)

Article 130. (bypassed)

Article 131. (bypassed)

Article 132. (bypassed)

Article 133. (bypassed)

Article 134. (bypassed)

Article 135. (bypassed)

Article 136. (bypassed)

Article 137. (bypassed)

Article 138. (bypassed)

Chapter 22

Transitional provisions

Article 139. [ Payment of benefits accruing from unemployment granted before the entry into force of the Act] 1. The benefits, training allowances and other unemployment benefits granted to the unemployed before the date of entry into force of the Act are paid in accordance with the rules laid down in the existing provisions, except for their valorisation and suspension, which are carried out under the conditions laid down in this Act.

2. The amounts of allowances, training allowances and other unemployment benefits granted on the basis of the previous provisions for the period up to the date of entry into force of the Act of principle laid down in Article 3 (1) of the Rules of Law, 78 The laws shall apply mutatis mutandis.

3. Persons who until the date of entry into force of the Act have been directed to the internship, training, intervention works, public works and other forms of activation, shall continue them under the rules laid down in the provisions of the existing one.

4. Contracts concluded prior to the date of entry into force of the Act shall be continued under the rules laid down in the existing provisions.

5. Loans from the Labour Fund received on the basis of contracts concluded before the date of entry into force of the Act shall be subject to remission, payment on instalments, postponement of repayment on the terms specified in the provisions of the existing one.

6. To the reimbursement of salaries and social contributions of juvenile workers employed on the basis of employment contracts for the professional preparation concluded before the entry into force of the Act of 20 December 2002. to amend the Act on Employment and Combating Unemployment and the Act on the System of Worlds (Dz. U. 2003 r. items 65. the provisions in force before the date of its entry into force shall apply, however, not later than 30 June 2005.

7. By 30 June 2005. the district labour offices are reimbursed on the basis of the current rules of remuneration and social contributions from those salaries for young workers employed for the purposes of professional preparation on the basis of refund agreements concluded by the date of the day 31 August 2004

(8) From 1 July 2005 Volunteer Hufc Labour shall become a party to the agreements on the reimbursement of salaries and social security contributions concluded by 31 August 2004. by starostes with employers or employers ' organisations.

Article 140. [ Public Works Organizer by 31 December 2005] Until 31 December 2005 district may be an organizer of public works for all persons unemployed.

Article 141. [ Payment of supplementary pension and pre-retirement benefits granted under the existing provisions] 1. Pre-retirement benefits and preretirement benefits granted on the basis of existing provisions shall be paid and financed from the Labour Fund for the period until the date of the acquisition of the payment by the Social Insurance Institution.

2. Funeral allowances paid to a person who has incurred the funeral expenses of a person receiving a preretirement allowance or a pre-retirement benefit or a family member of that person who is dependent on it and who fulfils the conditions for obtaining an annuity family, they are financed from the Labour Fund for the period until the date of the acquisition of the payment by the Social Insurance Institution, unless they are entitled under separate regulations.

3. The burial supplies referred to in paragraph. 2, shall be entitled in the amount specified in the provisions on pensions and pensions from the Social Insurance Fund.

Article 142. [ Transitional provision] 1. The General Employment Council and the voivodship and county council of employment in the formation existing at the date of entry into force of the Act shall act until 30 June 2004.

2. The directors of the voivodship offices and deputy rectors acting on the day of the entry into force of the Act shall be made by the law of the directors of the voivodship offices of work and deputy directors within the meaning of the Act without the need to reappoint them.

3. The managers of the district labour offices and their deputies acting on the day of entry into force of the Act become by law respectively the directors and deputy directors of the district labour offices within the meaning of the Act without having to redeem them of the appointment.

4. The persons employed in the employment offices or voluntary hufers of work on the date of entry into force of the Act, if for a period of at least 12 months were employed in the positions of the intermediary of work or performing tasks in the field of employment, on the day the entry into force of the Act becomes under the law of the labour intermediaries referred to in art. 92 (1) 2.

5. The persons employed in the employment offices or voluntary hufers of work on the date of entry into force of the Act, if for a period of at least 12 months were employed in positions of career counsellors or performing tasks in the field of professional counselling, with the date of entry into force of the Act shall be made under the law of professional advisers referred to in Article 94 par. 2.

5a. The persons referred to in paragraph 1. 4 and 5 may request the application for professional licence referred to in Article 4. 93 (1) 2 points 1 and art. 95 (1) However, no later than 30 April 2009.

6. The persons employed in the employment offices or voluntary hufers of work on the date of entry into force of the Act, if for a period of at least 12 months were employed in the performance of tasks concerning the development and implementation of programmes and projects As from the date of entry into force of the Act, international labour market regulations become law specialists within the meaning of this Act.

7. Persons employed in the employment offices or voluntary hufers of work on the date of entry into force of the Act, if for a period of at least 12 months were employed in the performance of tasks concerning the organization of trainings for the unemployed, they become of the power the rights specialists for professional development within the meaning of the Act.

Article 143. [ Time for carrying out activities by training institutions without having to obtain an entry in the register of training institutions] Training institutions may carry out activities within the scope of the law without having to obtain the alert referred to in Article 4. 20 para. 1, in the period up to 6 months after the date of entry into force of the Act.

Article 144. [ Continuation of entitlements acquired on the basis of the provisions on the facilitation of the employment of graduates of schools] The powers acquired on the basis of the provisions on the facilitation of employment by graduates shall be continued on the basis of the existing rules until their expiry.

Article 145. [ Explanatory provision] Whenever the law refers to the Act on employment and countering unemployment by referring to separate provisions or directly to the Act on employment and counteracting unemployment, it is understood by that reference to this Law.

Article 146. [ Transitional provision] Cases in which before the date of entry into force of the law the appeal proceedings or proceedings before the administrative court are subject to consideration in accordance with the provisions of existing law.

Article 147. [ Last call to schools in the profession of "social worker"] In the course of the 2004/05 school year, the 'social worker' schools are responsible for the final selection of 'social worker' schools.

Article 148. [ Suitable use of art. 106 (1) 2] Article Recipe 106 (1) Article 2 (2) shall apply mutatis mutandis to the borrowing of loans in addition to the funds necessary for the payment of pre-retirement benefits and pension benefits for the period during which the payment of pre-retirement benefits and pension benefits is made from the Labour Fund.

Article 149. [ Conduct in force of existing implementing rules] 1. Existing implementing rules issued on the basis of art. 10 para. 7, art. 22, art. 36 ust. 1 points 1-5, art. 36 ust. 3, art. 37 par. 18, art. 37b par. 6, art. 45, art. 49 (1) 1 point 1, art. 49 (1) 2, art. 51 (1) 1-5, art. 57 (1) 6 and 8, art. 57a para. 9 and Art. 61 (1) 3 of the Act of 14 December 1994. about employment and counteracting unemployment (Dz. U. 2003 r. items 514, of late. zm.) retain power until new implementing rules are issued on the basis of this Act.

2. Regulation of the Council of Ministers issued on the basis of art. 37h ust. 1. The employment and anti-unemployment act shall remain in force until 31 December 2005.

Article 150. [ Authorisation] The Minister responsible for public finance shall be authorised to carry out, at the request of the Minister responsible for employment, the transfer of the planned expenditure to the financing of the employment and unemployment tasks laid down in the 2004 budget law between the relevant parts, departments, chapters and paragraphs.

Art. 150a. [ The right to a pre-retirement allowance or to a pre-retirement benefit] 1. The right to a preretirement allowance or a pre-retirement benefit under the rules laid down in the provisions of the Act of 14 December 1994. employment and counteracting unemployment, as in force on 31 December 2001, shall be granted to a person who, until 12 January 2002, has been granted a job. fulfilled the conditions for its acquisition, subject to the paragraph. 2.

2. The right to a pre-retirement allowance or a pre-retirement pension referred to in paragraph 1. 1, shall also be entitled to a person who, until 12 January 2002, has not fulfilled the condition for having a period of entitlement to a pre-retirement pension or a pre-retirement benefit if, on 31 December 2001, the If you are entitled to a pension benefit, you will be entitled to a pension benefit if you are entitled to an unemployment benefit, or if you are entitled to an unemployment benefit, or if you are entitled to a pension or pension benefit, or if you have received an allowance for a pension or a pension. pre-retirement.

3. The right to a preretirement allowance or a pre-retirement benefit shall be entitled to the period from the date on which the conditions for its acquisition are fulfilled as laid down in the Act referred to in paragraph 1. 1, in the version in force on 31 December 2001, but not earlier than 1 January 2002, subject to paragraph 1 (1). 4.

4. The self referred to in the mouth. 2, the right to a pre-retirement allowance or a pre-retirement benefit referred to in paragraph. 1, shall be entitled from the day on which the application for its award is lodged, provided that at the date of his submission he fulfils the conditions for the acquisition of that right referred to in the law referred to in the mouth. 1, in its version in force on 31 December 2001.

5. The person referred to in the mouth. 1 and 2, may submit an application for entitlement to a pre-retirement pension or a pre-retirement pension until 28 February 2006, to the competent authority of the District Labour Office for its place of residence.

6. The Starosta shall consider the applications referred to in paragraph. In order to be able to do so, the Commission shall, in accordance with the conditions laid down in Article 4 (5), issue decisions and disburse the Pension Fund for the period until 31 July 2004.

7. The Starosta after considering the application and payment of the pre-retirement allowance or the retirement benefit, for the period until 31 July 2004. communicate the documentation of the person entitled to the retirement benefit or the pension, to the pension authority competent for the place of residence of that person.

8. Pre-pension force or pre-retirement pension referred to in paragraph 7, they become, with effect from 1 August 2004, an appropriate pre-retirement allowance and a preretirement provision within the meaning of the Act of 30 April 2004. on pre-retirement benefits.

9. Pre-retirement pension or pre-retirement pension entitled:

1. until 31 July 2004. shall be paid in accordance with the rules and procedures in force during that period by the competent district office of work;

2. from 1 August 2004. shall be paid in accordance with the rules and procedures in force during that period by the competent pension authority.

Article 150b. [ Grounds for the right to benefit from a pre-retirement pension to an employee of the former undertaking of the agricultural economy] 1. An employee of a former agricultural economy enterprise shall be entitled to a pre-retirement pension if, during the period from 1 January 2002 onwards. by 31 July 2004 complies with the conditions laid down in Article 4 37k ust. 9 of the Act of 14 December 1994. with the exception of the words 'on 7 November 2001', with the exception of the words 'on 7 November 2001'.

2. The right to a pre-retirement benefit shall be entitled for the period from the date on which the conditions for its acquisition as defined in the Act referred to in the paragraph are fulfilled. 1, in the version applicable on 1 January 2002, but not earlier than 1 January 2002.

3. Article Recipe 150a ust. 5-9 shall apply mutatis mutandis.

Art. 150c. [ Payment of benefits and pre-retirement allowances without statutory interest] Pre-retirement benefits and pre-retirement benefits granted on the basis of Article 150a and 150b are paid without any statutory interest.

Art. 150d. [ Rearrangement of the right to preretirement benefits] 1. The right to pre-retirement benefits granted by the district labour office on the basis of the provisions on employment and counteracting unemployment and their amount shall be re-established on the basis and in accordance with the procedure laid down in those provisions upon request the person (s) entitled to the (interest) or the office if, after the date on which the Social Insurance Institution takes over the payment of those benefits, the following facts are disclosed:

1. as specified in Article 145 § 1 and art. 156 § 1 of the Code of Administrative Procedure causing the reopening of proceedings or the annulment of a decision;

2) having an impact on the right to a pre-retirement benefit or its amount, raised after the date of the establishment of the right to the benefit.

2. Paragraph Recipe 1 shall apply mutatis mutandis in the case of recalculation by the pension authority for the amount of the pension for the purposes of determining the amount of the pension as a result of:

(1) the amount of the pension entitlement which has not been taken into account so far prior to the acquisition of the right to a pre-retirement pension,

2) re-establish the basis of the dimension in accordance with art. 111 Act on pensions and pensions from the Social Insurance Fund or the calculation of the income not yet included-the income which is the basis for the assessment of the contributions to the pension insurance or social insurance on the basis of the provisions of Polish law for the period which has been indicated to determine the basis of the pension dimension

-with the fact that the amount of the pension is calculated by applying the amount of the basic amount last accepted for calculating the amount of that pension.

3. In the case of the disclosure of the circumstances referred to in paragraph. 1, investigations of recovery of unpaid pre-retirement benefits for the period prior to the date of taking over by the Social Insurance Institution payment of those benefits shall be carried out by the district labour offices in accordance with the rules laid down in the regulations o employment and counteracting unemployment.

4. The provisions of the paragraph. 1 and 3 shall apply mutatis mutandis to pre-retirement allowances.

Art. 150e. [ Crediting the documented periods of employment abroad to the period of entitlement to the benefit] Documented periods of employment or other gainful employment in foreign employers in countries not listed in Art. 1 (1) 3 point 2 (a) (a) the period from 1 November 2005. by 25 August 2006 shall be included in the period of entitlement to the allowance under the condition that the contribution to the Labour Fund is paid. The provisions relating to the mode of payment of contributions to the Labour Fund by persons undertaking employment or other gainful employment in a foreign employer shall be applied accordingly.

Article 150f. [ The Agreement concerning the reimbursement of part of the costs incurred on salaries, rewards and social contributions] 1. The Starosta may conclude an agreement on the basis of which refunded the employer or the entrepreneur for a period of 12 months part of the costs incurred on salaries, rewards and social insurance contributions of the unemployed up to 30 years of age, in the amount previously agreed, but not exceeding the amount established as the product of the number of the unemployed persons employed per month and the amount of the minimum remuneration for the work in force on the last day of the employment of each settled case months and social contributions from refunded salaries.

2. The Starosta shall not conclude the contract referred to in the paragraph. 1, with the employer who, during the last 6 months prior to the submission of the application, has been reduced employment for reasons related to the establishment of the work.

3. The employer or the entrepreneur shall be obliged, according to the contract concluded, to keep in employment full-time employment addressed to the unemployed person for the period for which the refund is made, referred to in paragraph. 1, and for a period of 12 months after the end of that refund.

4. Failure to comply with the conditions referred to in paragraph. 3, the obligation to reimburse the aid received in proportion to the period during which the employment of the person addressed was not maintained, with the statutory interest calculated from the date of receipt of the refund for the first month, within 30 days of the day the service of the call for old age.

5. In the event of termination of the employment contract by the addressed unemployed person, the termination of the contract of employment on the basis of art. 52 of the Act of 26 June 1974. -the Labour Code or the termination of the employment relationship to the unemployed person during the period covered by the refund or before the expiry of the period of 12 months referred to in paragraph 1. 3, the starosta directs the vacated job of another unemployed person.

6. In the event of refusal of the unemployed person to be admitted to the vacancy, the employer or the trader shall reimburse the aid in proportion to the period during which the employment of the person addressed and the interest has not been maintained. The statutory provisions shall be calculated from the date of receipt of the first refund within 30 days following the date of service of the call to the starost. In the absence of any possibility for the Office to direct the unemployed person to a vacant post, the employer or the trader shall not reimburse the aid received for the period in which the unemployed person was previously employed.

7. The refund referred to in paragraph 1 1, is granted in accordance with the conditions of admissibility of the aid de minimis .

Article 150g. [ Financing of costs arising from concluded contracts] 1. The agreements referred to in art. 150f, may be concluded during the period from 1 January 2016. by 31 December 2017

2. Costs resulting from the concluded agreements referred to in paragraph. 1, are financed by the starostia under the Labour Fund in the years 2016-2018.

3. To finance the task referred to in art. 150f, the amount of PLN 2800 million is allocated, of which in 2016-700 million PLN and after 1050 million PLN respectively in 2017 and 2018.

4. The amounts of the costs of carrying out the task referred to in art. 150f, are included in the financial plans of the Labour Fund for 2016, 2017 and 2018, increasing the position of "Active Forms of Combating Unemployment" in relation to the amount of costs in this position in the Financial Plan of the Labour Fund for 2015.

5. Marshal of the voivodship, within the period up to 7. on the day of the month following the end of each quarter, inform the Minister responsible for work on the amount of commitments in the voivodship resulting from the concluded agreements referred to in paragraph. 1, and the amounts foreseen for the financing of the task referred to in Article 150f, in the financial year concerned.

6. If the amount of funds provided for in the Financial Plan of the Labour Fund for 2016, 2017 or 2018 does not cover the amounts for financing the task referred to in art. 150f The Minister responsible for the labour affairs shall make an appropriate change in the financial plan of the Labour Fund, consisting of an increase in the amount to finance the task and a corresponding reduction in the status of the Labour Fund at the end of the financial year, with subject to paragraph. 3, according to art. 29 par. 12 of the Act of 27 August 2009. on public finances.

7. Divided by the measures referred to in paragraph 1. 3, for voivodships, for the years 2016, 2017 and 2018, shall make, within one month from the date of entry into force of the Act, the minister competent for the work according to the following algorithm:

infoRgrafika

where the meaning of individual symbols is as follows:

Lwjn -the amount of the costs (limit of expenditure) which may be incurred in j -this financial year in n -this voivodeship for the financing of the task referred to in art. 150f,

Lkj -the amount of the costs (limit of expenditure) of the Labour Fund referred to in paragraph 1. 3, w j -this financial year,

Bwn -average monthly number of unemployed up to 30 years of age, according to the state at the end of the month, registered in the given voivodship during the 9 months preceding 1 October 2015,

Bk -monthly average number of unemployed persons up to 30 years of age, at the end of the month registered in the country during the 9 months prior to 1 October 2015,

j -the financial year in question,

n -the state of the state.

8. The Minister responsible for the work shall notify the Marshal of the voivodships of the amount of the limits referred to in paragraph. 7, for the implementation of the task in the Voivodeship, referred to in art. 150f.

9. The amounts of the resources of the Labour Fund for financing in the district of the task referred to in art. 150f, shall be determined by the Board of Governors within a period of one month from the date of the notification referred to in paragraph. 8, based on the following criteria for the year 2015:

1) the average monthly number of unemployed up to 30 years of age, according to the state at the end of the month, registered in the county during the 9 months preceding 1 October 2015;

(2) the unemployment rate in the district;

3) the structure of unemployment in the district;

4) the amount of the resources of the Labour Fund to be allocated in the district for the implementation of projects co-financed by the European Social Fund.

10. Marshal of the voivodship shall inform the Minister responsible for the work of the amount of funds earmarked for the implementation by the local authorities of the counties of the task referred to in art. 150f.

11. On the basis of the information referred to in paragraph. 10, the minister competent for labour shall set limits for the measures for the local authorities of the powiats, for the year 2016, 2017 and 2018, for the implementation of the task referred to in art. 150f.

(12) The amounts of appropriations within the limit referred to in paragraph 1. 11, shall be provided by the Minister responsible for the work on the extracted bank account of the district government according to the payment schedules resulting from the concluded agreements.

13. In the absence of any possibility of using the limit of the measures referred to in paragraph. 11, the minister competent for labour matters, at the request of the Marshal of the voivodship, may increase the amount of the limit for another district government in the voivodship.

14. In the absence of any possibility of using the limits of the measures referred to in paragraph. 11 and 13, the minister responsible for labour may allocate these resources to the task referred to in Article 4. 150f, by the self-government of another voivodship or to power the reserve referred to in art. 109 (1) 11, making the relevant changes to the financial plan of the Labour Fund.

(15) The obligations arising from the agreements referred to in paragraph 1. 1, passing through the year 2017 and 2018, shall be financed within the limits referred to in paragraph respectively. 11, 13 and 14.

16. Amounts for the recovery of the aid referred to in Article 16 (2) of the Regulation. 150f, carried out by employers as of the year 2018, will increase the revenues of the Labour Fund.

Chapter 23

Final provisions

Article 151. [ Repealed provisions] They are hereby repealed:

1) the Act of 14 December 1994. about employment and counteracting unemployment (Dz. U. 2003 r. items 514, of late. zm.), with the exception of art. 23 (1) 1 point 2 (g), which is repealed with effect from 30 April 2004;

2) the Act of 18 September 2001. on the facilitation of employment for graduates of schools (Dz. U. Entry 1325 and 1793 and 2002. items 975 and 2074).

Article 152. [ Entry into force] The Act shall enter into force on the first day of the month following the month of the announcement, except for:

1. 138 (5) to (7), which shall enter into force on 1 May 2004;

2. Article 12 (1) 2, which shall enter into force on 1 September 2004;

3. Article 101 (1) 2, which shall enter into force on 1 January 2005.

Article 152.


1) This Act shall, in the field of its regulation, implement the following Directives:

-Directive 68 /360/EEC of 15 October 1968. of the lifting of restrictions on the movement and residence in the Community of workers from the Member States and their families (Dz. Urz. (EEC L 257, 19.10.1968),

-Directive 90 /364/EEC of 28 July 1990. on the right of residence (Dz. Urz. EEC L 180 of 13.07.1990),

-Directive 90 /365/EEC of 28 July 1990, the right of residence of the employees and self-employed persons who have completed their professional activities (Dz. Urz. EEC L 180 of 13.07.1990),

-Directive 93 /96/EC of 29 October 1993. about the right of stay of students (Dz. Urz. EEC L 317, 18.12.1993),

-Council Directive 2000 /43/EC of 29 June 2000 (1). the implementation of the principle of equal treatment of persons irrespective of racial or ethnic origin (Dz. Urz. EC L 180 of 19.07.2000, p. 22; Dz. Urz. EU Polish Special Edition, rozdz. 20, t. 1, str. 23),

-Council Directive 2000 /78/EC of 27 November 2000 (1). establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303, 02.12.2000, p. 16; Dz. Urz. EU Polish Special Edition, rozdz. 5, t. 4, str. 79),

-Directive 2006 /54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of women and men in matters of employment and occupation (Dz. Urz. EU L 204, 26.07.2006, p. 23),

-Directive 2014 /54/EU of the European Parliament and of the Council of 16 April 2014 on measures to facilitate the exercise of the rights conferred on workers in the context of the free movement of workers (Dz. Urz. EU L 128 of 30.04.2014, p. 8).

The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special

[ 1] Currently, Central Records and Information on Economic Activity, on the basis of art. 68 of the Act of 19 December 2008. to amend the Act on Freedom of Economic Activity and to amend certain other laws (Journal of Laws of 2009 items 97), which entered into force on 7 March 2009; it entered into force on 1 July 2011.

[ 2] Currently construction, planning and development of spatial planning and housing, on the basis of art. 4 par. 1, art. 5 pt. 1a and art. 9a of the Act of 4 September 1997. about the departments of government administration (Dz. U. of 2017 items 888), which entered into force on 1 April 1999.

[ 3] Article 18 (1) 1 point 1 lit. (f) as set out by the Article. 5 point 1 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 4] Article 18 (1) 1 point 1 lit. (g) added by Article 5 point 1 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 5] Article 18 (1) 3 added by art. 5 point 1 lit. b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 6] Art. 18c (c) 1 in the wording set by Article 1. 5 point 2 (a) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 7] Art. 18c (c) 1 point 4 as set out by the Article 5 point 2 (a) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 8] Art. 18d par. 1a added by art. 5 point 3 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 9] Art. 18e (a) 1 point 2 as set out by the Article 5 point 4 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 10] Art. 18e (a) 1 point 3a added by art. 5 point 4 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 11] Art. 18e (a) 1 point 4 as set out by the Article 5 point 4 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 12] Art. 18e (a) 1 point 5 in the wording set by the Article 5 point 4 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 13] Art. 18e (a) 4 added by art. 5 point 4 lit. b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 14] Art. 18i (1) 1 in the wording set by Article 1. 5 point 5 (b) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 15] Art. 18i (1) 2 point 3a added by art. 5 point 5 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 16] Art. 18i (1) Article 2 (4), as amended by Article 2 (2) 5 point 5 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 17] Art. 18j (1) 1 in the wording set by Article 1. 5 point 6 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 18] Article 18l, point 2, in the version set by the Article. 5 point 7 lit. a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 19] Article 18l, point 4, in the version set by the Article. 5 point 7 lit. b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 20] Art. 18m (1) 1 point 5 in the wording set by the Article 5 point 8 (a) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 21] Art. 18m (1) 1 point 6 as set out by the Article 5 point 8 (a) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 22] Art. 18m (1) 1 point 10 added by Article 5 point 8 (a) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 23] Article 18o in the version set by Article 1 5 point 9 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 24] Article 19 (1), as set out in Article 19 (1), 5 point 10 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 25] Article 19b, as amended by Article 19 (1), 5 point 11 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 26] Art. 19e (a) 1 point 1 in the wording set by Article 1 5 point 12 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 27] Article 19f as set out by Article 19f 5 point 13 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 28] Art. 19i (i) 1 in the wording set by Article 1. 5 point 15 (b) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 29] Art. 19i (i) 1 point 3 as set out by the Article 5 point 15 (b) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 30] Art. 19i (i) 1a added by art. 5 point 15 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 31] Art. 19i (i) 2 in the version set by the Article. 5 point 15 (b) c) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 32] Art. 19i (i) 3 in the version set by the Article. 5 point 15 (b) c) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 33] Art. 19i (i) 4 added by art. 5 point 15 (b) (d) the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 34] Art. 19i (i) 5 added by art. 5 point 15 (b) (d) the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 35] Art. 19ia added by art. 5 point 16 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 36] Article 19k, as amended by Article 19 (1) (c) 5 pkt 17 ustawy z dnia 7 kwietnia 2017 r. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 37] The amount of the bonus given in the bill is out of date.

Amount of the premium applicable from 1 June 2014 was announced in the Notice of the Minister of Labour and Social Policy of 30 May 2014. on the amount of premiums and travel costs (M.P. pos. 381), is 1 513,50 zł.

[ 38] The amount of the journey costs specified in the statute is out of date.

Amount of the amount of the journey costs in force from 1 June 2014. was announced in the Notice of the Minister of Labour and Social Policy of 30 May 2014. on the amount of premiums and travel costs (M.P. pos. 381), amounts to PLN 605.40, and the maximum amount of the monthly tranche-100,90 zł.

[ 39] The amount of unemployment benefit stated on the bill is out of date.

The amount of unemployment benefit in force as of 1 June 2014 was announced in the Notice of the Minister of Labour and Social Policy of 16 May 2014. on the amount of unemployment benefit (M.P. pos. 367):

1. after 31 December 2009, the following shall be:

a) PLN 831,10-in the first three months of having the right to benefit,

(b) 652,60 zł-during the subsequent months of having the right to benefit;

2) until 31 December 2009, is 666,60 zł.

[ 40] Article 85 (1) 1 in the wording set by Article 1. 5 point 18 (b) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 41] Article 85 (1) 2 in the version set by the Article. 5 point 18 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 42] Article 85 (1) Article 2 (1), as amended by Article 2 (1) 5 point 18 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 43] Article 85 (1) Point 3, as set out in Article 2 (3), 5 point 18 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 44] Article 85 (1) 2 point 9 repealed by Article 5 point 18 (b) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 45] Article 85 (1) 2a added by art. 5 point 18 (b) c) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 46] Article 85a added by Art. 5 pt. 19 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 47] Article 120 (1) 7 added by art. 5 point 20 of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 48] Article 121 (1) 1 in the wording set by Article 1. 5 point 21 (a) a) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 49] Article 121 (1) 1a added by art. 5 point 21 (a) b) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 50] Article 121 (1) 3a added by art. 5 point 21 (a) c) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 51] Article 121 (1) 6 in the version set by the Article 5 point 21 (a) (d) the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 52] Article 121 (1) 7 added by art. 5 point 21 (a) e) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.

[ 53] Article 121 (1) 8 added by art. 5 point 21 (a) e) of the Act of 7 April 2017. amending the Act on the Employment of Temporary Workers and Certain Other Laws (Journal of Laws of the 962). The amendment came into force on 1 June 2017.