The Act Of 27 August 1997 On The Vocational Rehabilitation And Social And Employment Of Persons With Disabilities

Original Language Title: USTAWA z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych

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Chapter 1 General provisions Article. 1. [scope] Act applies to persons whose disability has been confirmed by judgment: 1) qualified by the authorities that one of the three degrees of disability referred to in article 1. 3 or 2) with the total or partial incapacity for work on the basis of separate provisions, or 3) of disability, issued before the age of 16 years old – hereinafter referred to as "persons with disabilities".

Article. 2. [Definitions] Whenever the law is talking about: 1) the lowest salary-this means the minimum salary in force in December of the previous year shall be determined on the basis of separate regulations;

2) a person with a disability to unemployed or disabled persons looking for work – this means unemployed disabled person or disabled seeking work within the meaning of the provisions on employment promotion and labour market institutions;

3) NGOs – this means non-governmental organisations and entities listed in the article. 3 paragraphs 1 and 2. 3 of the Act of 24 April 2003 on the activities of public benefit and voluntary service (Journal of laws of 2010 # 234, poz. 1536);

4) average salary – this means the average monthly wage in the national economy in the previous quarter from the first day of the following month after the announcement by the President of the Central Statistical Office in the form of a communication in the official journal of the Republic of Poland "Monitor Polish", based on art. 20 paragraph 2 of Act of 17 December 1998 on pensions and pensions from the social insurance fund (OJ of 2009 No 153, item 1227, with further amendments);

4A) cost of pay – this means gross salary and financed by the employer compulsory contributions to the pension, disability and accident insurance accrued from this pay and mandatory contributions to the Labour Fund and the Fund of guaranteed employee benefits;

5) participation in society – this means the ability to perform social roles and overcoming barriers, in particular psychological, architectural, urban planning, transport and communication;

6) index of employment of people with disabilities-this means the average monthly percentage of persons with disabilities in employment in General, in terms of full working time;

7) operating conditions protected-this means the conditions referred to in article 1. 28 or article. 29, and the status of sheltered employment facility or establishment of professional activity;

8) adapted work station of a disabled person-that is the position that is being operated and adapted according to the needs arising from the nature and degree of disability;

9) people who helped-that is also the Mayor of the city of counties;

10) disability-this means the permanent or periodic inability to fulfil social roles due to permanent or long-term violation of the body's efficiency, in particular resulting in inability to work;

11) dog assistance – this means appropriately trained and specially marked dog, guide dog, in particular the blind or visually impaired and disabled person's Assistant dog mobility that makes it easy for a person with a disability to active participation in social life.

Article. 2A. [how to include people with disabilities to employment status of persons with disabilities] 1. Disabled person are included in the status of employment of people with disabilities from the date on which the employer's judgment certifying disability.

2. in the case of the present employer the next judgment confirming the disability, disabled person are included in the status of employment of people with disabilities from the date of submission of the application for the issue of a judgment if the judgment shows that during this period, this person was disabled, and a preliminary decision has been made not later than the day following the day on which the expired the previous judgment certifying , subject to the provisions of paragraph 2. 3.3. Regardless of the date of submission of the application for the issuance of a subsequent judgment confirming the disability, disabled person are included in the status of employment of people with disabilities also in the period up to 3 months prior to the date of presentation of the employer's subsequent decision, if the content of that judgment that, in this period, this person was disabled.

4. the provision of paragraph 1. 1 shall apply mutatis mutandis to the evidence instance in employee medical conditions referred to in article 1. 26A ust. 1B, or conditions specified pursuant to article. 21(1). 7. Chapter 2 Rule of disability Art. 3. [degrees of disability] 1. Shall be three degrees of disability, which apply to the achievement of the objectives set out by law: 1) significant;

2) moderate;

3) light.

2. a decision fixing the degree of disability is also the basis for the granting of concessions and privileges on the basis of separate provisions.

Article. 4. [taking into account the degree of disability] 1. To a significant degree of disability include the person with the responsibility of the efficiency of the body, unable to work or capable of working only in the conditions of employment and requiring, in order to perform social roles, permanent or long-term care and help other people in connection with the inability to independent existence.

2. To moderate the degree of disability include the person with the responsibility of the efficiency of the body, unable to work or capable to work only in sheltered employment conditions or requiring temporary or partial assistance of other persons to perform social roles.

3. for a light degree of disability include disturbed person body efficiency, resulting in significantly reducing the ability to perform a job, compared to capacity, which shows a person with similar qualifications with full efficiency and physical, or with restrictions in the exercise of social roles that are offset with the help of orthopaedic equipment, auxiliaries or technical measures.

4. Inability to independent existence means the impairment of the body to the extent that meeting without the help of other people the basic necessities of life, which is believed to be first of all self-service, movement and communication.

5. Passing a significant or moderate degree of disability of the person referred to in paragraph 1. 1 or 2, shall not preclude the employment of this person with the employer niezapewniającego sheltered employment conditions, in cases of: 1) the adaptation of the workplace by the employer to the needs of people with disabilities;

2) employment in the form of telework.

6. Control in terms of fulfilment of the condition referred to in paragraph 1. Article 5, point 1, shall be carried out, the national labour inspection.

Article. 4A. [disability in people under the age of 16 years of age] 1. Persons under 16 years of age are classified as disabled if they are the responsibility of the physical or mental health of the envisaged during the period of over 12 months, due to congenital defects, prolonged illness or damage to the body, resulting in the need to provide them with total care or assistance in meeting basic subsistence needs in ways that surpass the support needed in a given century.

2. the competent Minister in charge of social security in consultation with the competent Minister for health shall determine, by regulation, the criteria for assessing disability in people under the age of 16 years of age.

Article. 5. [the judgment of the examiner ZUS] judgment of social insurance examiner: 1) total incapacity for work, determined on the basis of the article. 12 paragraph 1. 2, and inability to independent existence, established on the basis of the article. 13 paragraph 1. 5 of the Act of 17 December 1998 on pensions and pensions from the social insurance fund is treated on a par with the severity of the disability;

1A) inability to independent existence, established on the basis of the article. 13 paragraph 1. 5 of the Act referred to in paragraph 1 shall be treated on a par with the severity of the disability;

2) total incapacity for work, determined on the basis of the article. 12 paragraph 1. 2 of the Act referred to in paragraph 1 shall be treated on an equal footing with moderate disabilities;

3) partial incapacity for work, determined on the basis of the article. 12 paragraph 1. 3, and the advisability of retraining, referred to in article 2. 119 paragraph 1. 2 and 3 of the Act referred to in paragraph 1 shall be treated on an equal footing with a slight disability.

Article. 5a. [to determine the degree of disability] 1. People with a valid decision on passing to one of the groups invalids, disability to work on the farm, referred to in article 1. 62, and the decision referred to in article 1. 5, may be submitted to the team rule on disability application for determination of the degree of disability and the indications referred to in article 1. 6B ust. 3, for the purposes of use of reliefs and powers on the basis of separate provisions.

2. In the cases referred to in paragraph 1. 1, the team for rule on disability ruling, in which: 1) the degree of disability shall be determined on the basis of the decisions referred to in paragraph 1. 1, in accordance with the provisions referred to in article 1. 5 and 62;


2) the indications referred to in article 1. 6B ust. 3, shall be determined in accordance with the rule infringed efficiency body and functional constraints justifying the use of reliefs and powers on the basis of separate provisions.

3. Team rule on disability has the right to require from the competent authorities of the schemes provide a copy of the decisions referred to in paragraph 1. 1, and these authorities are obliged to share them.

4. The decision referred to in paragraph 1. 2, is not a reference.

Article. 6. [panels on disability] 1. CITES panels of disability: 1) district teams rule on disability – as the first instance;

2) provincial teams rule on disability – as the second instance.

1a. expenditure relating to the establishment and the activities of the teams are paid from the funds of the State budget. This expenditure may also be coated with financial resources of local government units.

2. the local jurisdiction district and provincial team rule on disability shall be determined according to the place of permanent residence within the meaning of the provisions on the population register.

3. the jurisdiction of the Panel about the disability shall be determined according to the place of residence in the case of persons: 1) the homeless;

2) residing outside the place of permanent residence over two months for medical reasons or family;

3) staying in prisons and correctional facilities;

4) staying in the homes of social assistance and support centres within the meaning of the legislation on social assistance.

4. In the case of persons referred to in paragraph 1. 3 point 2-4, a panel of disability must submit a notice of decision issued to the district team rule on disability right in accordance with paragraph 1. 2. Article. 6a. [Powiatowy team rule on disability] 1. Governor within the framework of the tasks of Government appoints and dismisses the district team rule on disability, hereinafter referred to as "the district", after obtaining the consent of the Governor and shall submit the information about the task execution. The consent of the Governor requires reviews Plenipotentiary for disabled persons, hereinafter referred to as "Representative".

2. the Governor after consultation with elders and obtaining the opinion of the Representative shall be the area of the County team, which may include the range of more than one County, and the seat of ' away days ' trial formations in counties that do not have cited the County team.

3. District team working in counties can be named "the municipal team for rule on disability". The provision of paragraph 1. 1 shall apply mutatis mutandis.

4. Provincial Team rule on disability, hereinafter referred to as the "provincial", appoints and dismisses the Governor, after consultation with the representative.

Article. 6B. [Rule] 1. District teams rule at the request of the person concerned or his or her legal representative or, with their consent, at the request of the social welfare centre.

2. Social Welfare Centres can participate on the rights of the parties in cases in which the decisions of the district teams.

3. In the judgment of the County team, in addition to establishing disability or disability, should be contained indications concerning, in particular: 1) appropriate employment taking into account a person's opportunities attitudes;

2) training, including specialist;

3) employment in the establishment of professional activity;

4) participate in occupational therapy;

5) need the supply of orthopaedic AIDS and technical AIDS, to facilitate the functioning of the person concerned;

6) using environmental support for independent existence, by which is meant the use of social services, care, treatment and rehabilitation services provided by a network of social welfare institutions, non-governmental organizations and other institutions;

7) having permanent or long-term care or assistance of any other person in connection with significantly limited the possibility of independent existence;

8) need permanent sharing every day child's guardian in the process of treatment, rehabilitation and education;

9) the disabled person the conditions referred to in article 1. 8 paragraph 1. 3A (1) and (2) of the Act of 20 June 1997-Law on road traffic (OJ of 2012.1137, as amended), and in the case of people with disabilities included in the moderate degree of disability the fulfilment of those conditions can be established only in the case of the determine the cause of the disability marked 04-O (eye disease), 05-R (locomotor impairment) or 10-N (neurological disease).



Article. 6b1. [specialist] 1. In the Regional Assembly shall be carried out specialized studies, including psychological, hereinafter referred to as "research", people applying for the issue of disability or severe disability, based on referral issued by doctors or psychologists panelists about disability.

2. Referral shall include: 1) the name of the Assembly, which the doctor or psychologist directs research;

2) the type of research that is directed to the person concerned;

3) given name (s) and surname of the person addressed.

4) registration number of the universal Electronic system of population register (PESEL) or the characteristics of the document confirming the nationality of the non-SOCIAL SECURITY number, in the case of an alien;

5) date of birth;

6) place of arrival or stay;

7) date of issue of the referral;

8) justification to refocus on research;

9) signature and stamp of the person in charge and that accepts a study.

3. the test results shall be drawn up in writing on a form of the test, which shall be accompanied by computer printouts or photos.

4. test Form includes the following data: 1) registration number;

2) the name of the provincial team, where the study was done;

3) given name (s) and surname of the person tested;

4) registration number of the universal Electronic system of population register (PESEL) or the characteristics of the document confirming the nationality of the non-SOCIAL SECURITY number, in the case of an alien;

5) date of birth;

6) place of arrival or stay;

7) the date of implementation of the study;

8) test result with a description;

9) the annexes;

10) signature and stamp of the appropriate physician or psychologist examining.

5. the test results are sent to the team, which the doctor or psychologist has issued the referral, within 3 working days from the date of their preparation; the second copy of the results is stored in the provincial team including printing computer or taken photographs.

6. At the request of the person of the test or its legal representative seem to be copies of test results.

7. In the regional team is a record of research in the form of a document written and electronic. This register should include: 1) registration number;

2) personal test persons referred to in paragraph 1. 2 paragraph 3 – 6;

3) the date of referral to the test;

4) the date of implementation of the study;

5) name and the name of the doctor or psychologist that performs the test.

8. The provincial team is entitled to the processing of personal data subjects in order to issue a decision on disability or disabilities.

9. The data collected in the study or attachments are made available, in so far as they are necessary for the implementation of the tasks set out in the Act: 1) Delegate;

2) County teams.

10. the test Form and attachments are destroyed after 50 years from the date of the form of the test.

11. Provincial team shall keep appropriate records and to provide storage and protection from damage, destruction or loss of the dossier for research.

12. the competent Minister in charge of social security in consultation with the competent Minister for health will determine by regulation: 1) scope of research, and the procedure and conditions for targeting these studies, 2) conditions organizational testing, 3) the technical conditions in which are carried out research with a view to ensuring the smooth operation of the process of rule on the disability or disabilities.

Article. 6 c. [Delegate] 1. Delegate supervises the adjudicate of disability and disability.

2. The surveillance referred to in paragraph 1. 1, consists of: 1) control of decisions as to their compliance with the collected papers or with the provisions of rule on the disability or disabilities;

2) control accuracy and uniformity of application of the rules, standards and procedures in matters relating to the rule of disability and disability;

3) training of members of the provincial assemblies;

4) providing explanations with regard to the application of the provisions governing proceedings in matters relating to the rule on the disability or disabilities.


3. If under the surveillance of the delegate finds that there is a reasonable doubt as to the compatibility of the decision to the facts, or that the decision was given in a way that conflicts with the provisions of rule on disability or severe disability, may apply to the competent authority: 1) annul the decision;

2) resumption of the proceedings.

4. Delegate, as a result of surveillance identified irregularities, may: 1) compel the authority that established a team rule on disability, to dismiss the members of the team responsible for the irregularities;

2) consent to the withdrawal by the voivode of consent to the appointment of the district;

3) compel the authority that appointed a team rule on disability, until further notice;

4) temporarily suspend the activities of the County team by specifying the conditions of the renewed team activities and setting the team that will perform the task the team suspended.

5. The surveillance referred to in paragraph 1. 2 (1) and (2), on behalf of the Agent carry out mandated by the people, having the knowledge necessary to carry out the control. Written authorization is issued for a specified period, not exceeding 2 years.

6. The Governor fully the direct supervision of the regional/County teams. The provisions of paragraph 1. 2, 3, 4 (1) and (4) and paragraph 1. 5 shall apply mutatis mutandis.

7. The Governor presents the Representative information about the performance of the tasks: 1) of district assemblies, drawn up on the basis of the information received from elders;

2) provincial team.

8. The decision of the provincial team may be appealed to the Labour Court and social security within 30 days from the date of delivery of the judgment. Appeal through provincial team that judgment. If the provincial team considers that the appeal in its entirety deserves consideration, takes a decision in which repeals or amends the contested judgment.

9. the competent Minister in charge of social security shall determine by regulation: 1) the detailed rules for issuing decisions, referred to in article 1. 5A, rule on disability and disability, having regard to the mode of procedure in adjudication and the composition and method of appointment and dismissal of the members of panels, as well as how the operation of these teams;

2) nature and extent of the required qualifications of the panelists and the procedures for issuing certificates to rule on disability or severe disability, taking into account the need to ensure specialist qualifications, appropriate to the scope of the rule;

3) organisational and technical conditions that should meet the Panel room, with a view to ensuring access to these spaces for people with disabilities;

4) mode of training and software training for professionals who are appointed to panels and how to select the training centres are authorised to conduct training, guided by the need to ensure the proper level of training, including an adequate level of expertise;

5) qualification standards and conduct for adjudication of disability and disability, having regard to the conditions affecting the body's efficiency and expected duration of violation of this efficiency, causing the pass to the appropriate degree of disability, as well as the designation of the symbols of the causes of disability;

6) designs and deadlines for submission of the information referred to in paragraph 1. 7 and art. 6a, paragraph 1. 1, having regard to the elements of information about the performance of the tasks of the adopted proposals, issued decisions and issued legitymacjach, expenditure and collective statements;

7) card designs documenting disability or disability and the authorities empowered to issue, with a view to preserve unity of the evidence base for the use of reliefs and allowances.

Article. 6 d [Electronic National Monitoring System rule on Disability] 1. Creates an electronic National Monitoring System rule on Disability, hereinafter referred to as "system", in which processes data in order to facilitate and improve the quality of rule on disability and the implementation of tasks by panels of disability.

1a. For the supervision of the functioning of the system has a delegate.

1B. in the framework of the surveillance agent: 1) defines the scope and development of the system;

2) proposes, in consultation with the competent Minister on social security for the amount of the necessary resources for the maintenance and development of the system;

3) inform the Minister responsible for the social security of the risks for the correct functioning of the system.

2. District Assemblies and the provincial teams and the delegate are the administrators of the data in its own database system.

3. In the system gathers data on: 1) people who have submitted a request for the establishment of a disability or determine the degree of disability;

2) legal representatives of persons referred to in paragraph 1;

3) of the members of district teams and regional teams;

4) other people working in teams;

5) operating costs of district teams and provincial teams, including: a) depreciation, b) consumption of materials and energy, c) salaries, contributions and other benefits, including workers performing research or support mobile in carrying out these studies, d) civil law contracts, including contracts with people carrying out research or support mobile in carrying out these studies, e) remaining generically not listed above , broken down by financed from the State budget and the budget of the local government unit.

4. The information collected in the system include: 1) data on persons referred to in paragraph 1. 3 paragraph 1-3: a) given name (s), b) date and place of birth, c) sex, (d)) the address of the place of check-in, e) the address of the place of stay, f) the characteristics of the identity document type, number, and a series of document, g) the registration number of the universal Electronic system of population register (PESEL) or citizenship in the case of an alien non-social security number;

the data referred to in article 1A). 6b2 paragraph. 1, relating to persons referred to in paragraph 1. 3, paragraph 1;

2) data on educational attainment and occupation of persons referred to in paragraph 1. 3 paragraphs 1 and 3;

3) data on forms of employment and working time of persons referred to in paragraph 1. 3 paragraph 3;

4) data on the number of persons referred to in paragraph 1. 3 paragraph 4, forms of employment and working time;

5) the date and nature of the judgment, the symbol of the causes of disability, the date of disability or the degree of disability, the period for which a judgment has been issued, the indications referred to in article 1. 6B ust. 3;

6) parking card information within the meaning of the Act of 20 June 1997-road traffic: a) the card number, b) date of issue of the card, c) expiration date, d) the designation of the County team, which President issued the card, e) name and surname, number of the universal Electronic system of population register (PESEL) disabled, the tab f) the name and address of the facility, the identification number in the national register journal of national economy entities (REGON) , make, model and registration number of the vehicle, whose head is entitled to use the card, in the case of cards issued, as referred to in article. 8 paragraph 1. 3A, paragraph 3 of the Act of 20 June 1997-Law on road traffic, g) the date and cause of the loss of validity of the card.

4A. Data collected in the system provides, if they constitute a criterion for allowance, the following entities: 1) to the competent authority referred to in article 1. 3 section 11 of the Act of 28 November 2003 on family benefits (Journal of laws of 2015 item 114, as amended), and was of-in order to verify the data on applicants for family benefits, family benefits recipients and members of their families;

2) the competent authority of the debtor referred to in art. 2 section 9 of the Act of 7 September 2007 for persons entitled to maintenance (Journal of laws of 2015.859, 1217 and 1302), and to the competent authority of the creditor referred to in article 2. 2 section 10 of this Act, in order to verify the data on persons seeking alimony fund benefits, people drawing benefits from the alimony fund and members of their families and data relating to maintenance debtors;

3) social assistance organizational units operated by local government units – in order to verify the data on applicants for social assistance benefits, people receive social assistance benefits and members of their families;

4) [1] to the competent authority referred to in article 1. 2 section 11 of the Act of 11 February 2016. State aid in child rearing (OJ No. 195), and was of-in order to verify the data on applicants for the provision of educational, educational benefit recipients and members of their families.


4B. the entities referred to in paragraph 1. 4A can process the data available from the system in order to, in which these data are made available, on the principles set out in the provisions of the Act of 29 August 1997 on the protection of personal data (Journal of laws of 2014, item 1182 and 1662 and 2015.1309).

4. Persons referred to in paragraph 1. 4A store shared data from the system for a period of 10 years from the date they become available, with the exception of data concerning the persons to whom the service has not been granted, which shall be kept for a period of 1 year from the date on which the decision on the benefits became final, or from leaving the request for the fixing of the right to benefits without consideration.

4 d data available from the system is removed immediately after the expiry of the retention periods referred to in paragraph 1. 4 c 5. The competent Minister in charge of social security provides organizational and technical conditions of the functioning of the system.

6. the competent Minister in charge of social security shall determine, by regulation, the detailed terms, including technical and organisational means and mode of collection and disposal system, with a view to their protection from access or use by unauthorized persons.



Chapter 3 of the Rehabilitation of persons with disabilities Art. 7. [the rehabilitation of persons with disabilities] 1. Rehabilitation of people with disabilities means the set of activities, in particular, medicinal, psychological, technical, training, educational and social, to achieve, with the active participation of the people, the highest possible level of their functioning, quality of life and social integration.

2. thermal Rehabilitation of people with disabilities is carried out on the basis of separate provisions.

Article. 8. [Vocational Rehabilitation] 1. Vocational rehabilitation aims to assist a person with a disability to obtain and maintain suitable employment and career advancement by allowing her the use of vocational guidance, vocational training and job placement.

2. To achieve the objective referred to in paragraph 1. 1, it is necessary to: 1) to assess the ability to work, in particular by: a) medical and psychological tests to determine the physical, psychological and mental to exercise the profession and to assess the possibilities to increase the efficiency, b) to determine the qualifications, professional experience, aptitudes and interests;

2) vocational guidance to take account of the assessment of the ability to work and to choose the appropriate profession and training;

3) professional background including employment prospects;

4) choosing the right jobs and its equipment;

5) specify the technical measures to enable or to facilitate the execution of the work, and if necessary, orthopaedic, AIDS, rehabilitation equipment, etc.

Article. 9. [the Social Rehabilitation] 1. Social rehabilitation is to enable people with disabilities to participate in society.

2. Social Rehabilitation is carried out primarily by: 1) rejection of resourcefulness and to encourage social activity of the disabled person;

2) manufacturing skills self filling social roles;

3) dismantling barriers, in particular architectural, urban planning, transport, technical, communication and access to information;

4) the evolution of society appropriate attitudes and behaviors conducive to the integration of people with disabilities.

Article. 10. [participation in occupational therapy workshops and abort] To Basic forms of activity to assist the process of professional and social rehabilitation of persons with disabilities include the participation of these people in: 1) occupational therapy workshops, hereinafter referred to as "workshops";

2) alright, hereinafter referred to as "turnusami".

Article. 10A. [Workshop] 1. The workshop means the isolated organizationally and financially base enabling disabled persons unable to work the possibility of social rehabilitation and professional in terms of or restore skills necessary for employment.

2. implementation to workshop referred to in paragraph 1. 1, this is done using the techniques of occupational therapy to develop: 1) skills to perform activities of daily living and personal resourcefulness;

2) psychophysical efficiency and basic and specialized professional skills, enabling participation in vocational training or work.

3. Therapy is based on individual rehabilitation program, in which specifies: 1) forms of rehabilitation;

2) the scope of rehabilitation;

3) method and the range of learning skills, referred to in paragraph 1. 2;

4) forms of cooperation with your family or carers;

5) effects of rehabilitation;

6) persons responsible for the implementation of the programme of rehabilitation.

4. the workshop works program Council, which consists of: 1) head of the workshop;

2) rehabilitation specialists or revalidation;

3) instructors occupational therapy;

4) a psychologist;

5) professional advisor or an instructor profession-as needed.

5. the Council shall make the software periodically and not less than every three years, a comprehensive assessment of the implementation of individual rehabilitation program participant workshop and takes a position on the issue of the progress in rehabilitation, justifying: 1) employment and the continuation of vocational rehabilitation in conditions of employment or on a suitable work bench;

2) the need to target the disabled person to support, within the meaning of the provisions on social assistance, because of the lack of progress in the rehabilitation and the bad prognosis as to the possibility of achieving progress to justify taking employment and the continuation of vocational rehabilitation in conditions of employment or the labour market after further rehabilitation in the workshop;

3) extend participation in therapy due to: a) positive prognosis for future progress in rehabilitation, to take up employment and the continuation of vocational rehabilitation in conditions of employment or the labour market b) periodic lack of employment opportunities, c) intermittent inability to refer a person with a disability to the support referred to in paragraph 2.

Article. 10B. [Organization of the workshop] 1. Workshops can be organized by foundations, associations or other bodies.

2. the costs of the establishment, activities and resulting from an increase in the number of participants in the workshop are co-financed by the State Fund for rehabilitation of disabled persons, hereinafter referred to as "the Fund" and from the funds of the local government district, or other sources, subject to the provisions of paragraph 2. 2A, 2b, 3, and 4, and article. 68c paragraph 1. 1.2a. The costs of the workshop are funded by the local government district of at least 10% of these costs.

2B. A percentage of the costs referred to in paragraph 1. 2A, may be reduced, provided you find other sources of funding, allocated in particular to the development of the activities of the workshop.

3. Financial support from the Fund the costs of participation in the workshop of disabled persons residing in organizational units obowiązanych to provide occupational therapy on the basis of separate provisions, is reduced depending on the percentage indicator of participation of such persons in the total number of participants in the workshop, hereinafter referred to as the "indicator", subject to paragraph 2. 4 and 5.

4. The Fund shall not be co-financed costs referred to in paragraph 1. 3, where the participation rate of at least 80%.

5. the costs referred to in paragraph 1. 3, not subject to reduction if the participation rate does not exceed 30%.

6. District, whose inhabitants are the participants in the workshop running in another district, is obliged to cover the costs of rehabilitation in relation to its residents, in part not covered by the grant from the Fund, in the amount and on the terms specified in the agreement concluded with the district, which runs the workshop.

6a. The district family assistance centres shall carry out at least once a year check the workshop.

7. the competent Minister in charge of social security shall determine, by regulation, detailed rules for the creation, operation and funding workshops, composition and activities of the team examining the proposals and the scope of the policy Board of the workshop, as well as the scope and methods of control of the workshop by the district family assistance centers, including: 1) patterns, submission and how to deal with applications for funding the costs of the establishment, activities and costs resulting from the increased number of participants in the workshop , 2) funding the costs of the establishment, activities and costs resulting from the increased number of participants in workshops, 3) for information on the use of resources and activity reports Workshop 4) detailed rules for reduction of funding depending on the share indicator 5) detailed the scope of the policy Board, and how to assess the progress of the people participating in rehabilitation-with a view to ensuring the proper functioning of the workshops and the appropriate level of rehabilitation.


Article. 10. [Date] 1. The shift means organised form of active rehabilitation combined with elements, which aims to improve the efficiency and alertness, general social skills of the participants, inter alia, by establishing and developing social contacts, implementation and development interests, and participate in other activities provided for a fixed period.

2. Excursions can be organized: 1) by natural persons established, legal persons, and other organizational units not having a legal personality, which lead for at least 2 years activities for people with disabilities and have gained entry to the register of organizers led by voivode, hereinafter referred to as the "organizer of the camps";

2) solely in the centers, which have gained entry to the register of centres run by the voivode – with the exception of the rotation is organised in the form referred to in paragraph 1. 5, paragraph 2, subject to the provisions of paragraph 2. 3.3. In social welfare homes or other care stays can be arranged exclusively for people with disabilities who are not regular clients of such units.

4. The centres, where there are organized excursions, provide people with disabilities the appropriate conditions, adapted to the type and degree of disability of the participants of the fixed period, and to carry out the rehabilitation and the implementation of a specific program of the fixed period.

5. duration of camps, referred to in paragraph 1. 2, is at least 14 days. Excursions are organised only in the country in organised groups with not less than 20 participants, in the form of: 1) fixed;

2) distant.

6. the programme of the fixed period shall specify: 1) the nature and objectives of the fixed period and rehabilitation appropriate for the types of medical conditions of people with disabilities;

2) types of classes educational and cultural and sports-recreational and other activities arising from the special type of the fixed period, taking into account individual and group activities;

3) personnel responsible for the implementation of the programme of the fixed period.

7. The organizer of the camps is obliged to: 1) security of the fixed period of organizational, technical and human resources in such a way as to persons with disabilities to secure the terms of participation in children;

2) development and implementation of a rehabilitation fixed period;

3) sharing the competent according to the place of business of the County family support center information including: a) the name and locality in which there will be periods, b) start and end dates of the camps, c) conditions of stay at the resort, which organizes the tours, (d)), the fixed period referred to in paragraph 1. 6, e) the cost of participation in children;

4) submission to the competent County family support center information about the course of the Warsaw Uprising broke out within 21 days from the date of the end of the fixed period, drawn up separately for each participant using the grant from the Fund;

5) store documents relating to the conduct of the fixed period for 3 years.

Article. 10 d [Registry centres and a record of the organizers of the camps] 1. The Governor maintains a register of centres and a record of the organizers of the camps and entry to these records for a period of 3 years after the fulfilment by or organizer rotation the conditions laid down in accordance with paragraph 1. 8, paragraph 3.

2. the Centers seeking to gain entry to the registry host Resorts group turnusowe shall submit an application for entry in the register to the competent territorial self-government, which, after a favourable opinion from the request, within 30 days from the date of its effects shall transmit the request of the Palatine.

3. Applicants to obtain entry into the register of organizers of the camps shall submit an application for entry in the register to the voivode competent for the registered office of the organiser of the fixed period.

4. consideration by the voivode of the request follows within 30 days from the date of its impact. How to consider the proposals referred to in paragraph 1. 2 and 3, it shall notify the appropriate Center and the provincial government or the organizer of the fixed period.

5. The resort or tour operator of the fixed period, which received an entry in the register shall be obliged to inform the Governor of any change in the conditions which are the basis for obtaining registration centers or register of organizers of the camps.

6. the Governor of the resort shall be abolished or organizer of fixed from the registry if: 1) should the conditions laid down pursuant to paragraph 1. 8, paragraph 3;

2) prevent control or the organizer of the fixed period.

7. the entry or deletion of records referred to in paragraph 1. 1, the Governor shall inform within 14 days the representative, who leads the central database and the organizers of the camps with entry in the register of the Governor and it seems the national directory of centers and their organizers camps with this entry.

8. the competent Minister in charge of social security shall determine by regulation: 1) types of rotation is organised with the assistance of the Fund and the terms of participation in these, respiratory allergies, 2) the conditions to be met by persons with disabilities seeking funding for participation in the children, the submission and processing of applications for funding, the amount and method of granting and the transfer of funding from the Fund, 3) conditions which should comply with the organizers of the camps and resorts where are our mission, the assessment of compliance with these conditions and make an entry in the records and record-keeping rules, 4) scope, method and control mode of the organizers and entered in the records maintained by the district family assistance center or the voivode and obligations associated with this control, 5) the scope of the information provided by the voivode of information centres and their organizers camps having an entry in the records referred to in paragraph 1. 1, the rules of conduct of the central database and the organizers of the camps with the entry and share data contained in this database, 6) patterns of applications, notifications and information, with a view to ensuring an adequate level of rehabilitation.

Article. 10E. [Funding participation in children] 1. A disabled person can apply for funding from the Fund participation in children, if the average monthly income, within the meaning of regulations on common family, divided by the number of persons in the household, calculated for the quarter preceding the month of application, shall not exceed the amount: 1) 50% of the average earnings per person in the household;

2) 65% of the average wage in the case of a single person.

2. In the case of exceeding the amounts of income referred to in paragraph 1. 1, the amount of the grant shall be reduced by the amount by which this income is exceeded, subject to paragraphs 2 and 3. 3.3. In the case of legitimate financial hardship or a random person with a disability grant from the Fund for participation in the children of that person or grant its guardian may be granted without reducing the grant despite exceeding the amounts of income referred to in paragraph 1. 1.4. The amount of funding to participate in the children given a person with a disability is transferred to the bank account of the organizer of the fixed period.

Article. 10F. [directing you to participate in the workshops and their ailments] 1. People with disabilities are directed to participate in the: 1) workshop – in accordance with the indication in the decision of disability or disability;

2) children-at the request of the doctor, under whose care is this person.

2. Entity wishing to organize or lead the workshop shall adopt and approve, in consultation with the district family assistance Center, reporting people to participate in the workshop.

3. applications of disabled persons for funding participation in children are submitted to the district family assistance centers.



Chapter 4 Rights of persons with disabilities Art. 11. [the use of the services or labour market instruments referred to in the Act on employment promotion and labour market institutions] 1. A person with a disability registered in the district labour office as unemployed or seeking work niepozostająca in employment has the right to use the services or labour market instruments, on the principles set out in the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws 2008 No. 69, item 415, as amended), hereinafter referred to as the "law on promotion".

2. A person with a disability registered in the district labour office as a jobseeker employment niepozostająca can also use the principles such as the unemployed of the following services or instruments referred to in the Act on the promotion of: 1) training;

2) internship;

3) intervention of work;

4) vocational training;

5) medical or psychological, referred to in article 1. 2. 3 of the Act for the promotion;

6) reimbursement of the costs referred to in article 1. paragraph 45. 1, 2 and 4 of the Act for the promotion;

7) the financing of the costs referred to in article 1. paragraph 45. 3 of the Act for the promotion;

8) postgraduate studies;

9) training based on tripartite agreements between training of, your employer and the training institution;

10) voucher for settlement;

11) training voucher;

12) internship program voucher.


3. the expenditure on labour market services or instruments referred to in paragraph 1. 1 and 2, shall be financed in respect of persons with disabilities registered as: 1) unemployed-from the resources of the Fund;

2) job-seekers not in employment – from the resources of the Fund.

Article. 12. (repealed).

Article. 12A. [disposable means to take up the business of farming or to contribute to the social cooperative] 1. A disabled person referred to in art. 11 (1). 1, may receive from the Fund once the means to take up the business of farming, or to contribute to the social cooperatives in the amount specified in the contract concluded with the Mayor, but not more than the amount of piętnastokrotnego average earnings, if not received non-repayable public funding for this purpose.

2. A disabled person who has received a one-time measures to take the business, agricultural, or to contribute to the social cooperative, is obliged to return the received, plus interest in the amount specified for tax arrears, if for reasons attributable to the site have been violated the terms of the agreement referred to in paragraph 1. 1.3. The competent Minister in charge of social security shall determine by regulation: 1) the conditions and the granting and reimbursement of the measures referred to in paragraph 1. 1, 2) form of security refund referred to in paragraph 1. 1, in the event of a breach of the terms of the agreement concerning their grant, 3) model application and necessary elements of the agreement for the grant of the measures referred to in paragraph 1. 1-with a view to increasing the employment of people with disabilities, to ensure the compatibility of aid with the rules for granting the aid under the de minimis rule and the rational management of Fund resources.

Article. 13. [Grant Bank loan owed to continue activities] 1. A disabled person established or owned or leased a farm can receive from the Fund, up to 50% of the interest on a bank loan owed to continue this activity, if: 1) do not use the loans to make business or agriculture or the loan has been fully repaid or remitted;

2) has not received non-repayable funds to take business or farming or carry out this activity for at least 24 months from the date of receipt of the aid for this purpose.

2. Funding is based on a contract concluded by a mayor with a person referred to in paragraph 1. 1. Article. 14. [an accident at work or an occupational disease and the loss of capacity for work on previous post] 1. Person employed, that as a result of an accident at work or an occupational disease has lost the ability to work on the current position, the employer is obliged to extract or arrange a suitable job with basic sanitary facilities, no later than within a period of three months from the date of notification by the accession readiness to work. Notification of readiness for accession to the work should be completed within one month from the date of recognition for the disabled person.

2. The provisions of paragraph 1. 1 shall not apply where the sole cause of the accident at work was a breach of the occupational safety and health by an employee from his guilt or his intoxication – proven by the employer.

Article. 15. [the working time of a person with a disability] 1. The working time of a disabled person may not exceed 8 hours a day and 40 hours per week.

2. Working time a disabled person bears to a significant or moderate degree of disability shall not exceed 7 hours a day and 35 hours per week.

2A. (repealed).

3. A disabled person may not be employed at night time and overtime.

4. (repealed).

Article. 16. [exclusion of application of the provisions of the Act] 1. The provisions of article 4. 15 shall not apply to: 1) to the persons employed by guarding and 2) when, at the request of the employed person, the doctor carrying out the preventive staff or failing the doctor holding the custody of that person's consent.

2. the costs referred to in paragraph 1. 1 paragraph 2 shall be borne by the employer.

Article. 17. [Additional layout to improve usability for gymnastics or relaxation] a person with a disability has the right to additional work on smoothing gymnastics or relaxation. Break time is 15 minutes and is included in the working time. This is without prejudice to the provision of art. 134 of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended.).

Article. 18. [remuneration] 1. The application of the standards, referred to in article 1. 15, does not reduce the amount of remuneration paid in fixed monthly amount.

2. the Hourly rates of the basic salary, corresponding to the personal ranking or grading work on working time standards referred to in article 1. 15, the increase in the ratio, which remains the current working time to these standards.

Article. 19. [additional annual leave] 1. Person bears to a significant or moderate degree of disability are entitled to additional leave in terms of 10 working days in a calendar year. The right to the first leave the additional person acquires after working for one year after the date of crediting it to one of these degrees of disability.

2. the Leave referred to in paragraph 1. 1, is not entitled to the person entitled to the leave exceeding 26 working days or to leave extra on the basis of separate provisions.

3. If a dimension additional leave referred to in paragraph 1. 2, is less than 10 working days, instead of leave are entitled to additional leave referred to in paragraph 1. 1. Article. 20. [exemption from work, preserving the right to remuneration] 1. People with severe or moderate disability have the right to exemption from work, preserving the right to remuneration: 1) up to 21 working days in order to participate in the children rehabilitation, not more than once a year, subject to articles. 10F paragraph. 1 point 2;

2) in order to carry out specialised studies, medical treatments, or to improve, as well as for orthopedic or have it repaired, if this cannot be done outside working hours.

2. the remuneration for the time exemptions from the work referred to in paragraph 1. 1 is calculated as cash equivalent for leave.

3. The total dimension of the leave referred to in article 1. 19 paragraph. 1 and exemption from work, referred to in paragraph 1. 1 paragraph 1 shall not exceed 21 working days in a calendar year.

4. the competent Minister in charge of social security shall determine, by regulation, detailed rules for the granting of exemptions from the work referred to in paragraph 1. 1 point 1.

Article. 20A. [access to public buildings, along with dog assistance] 1. A disabled person with assistance dog has the right to: 1) to the public utilities, in particular: the buildings and their surroundings for the needs of public administration, justice, culture, education, higher education, science, health care, social care and social support of banking, trade, catering, services, tourism, sport, passenger service in transport by rail, road, air, sea or inland waterway, the supply of postal services or telecommunications and other public buildings designed to perform similar functions , including office buildings and social;

2) to national parks and nature reserves;

3) on beaches and swimming pools.

2. the right referred to in paragraph 1. 1, are also in the means of transport by rail, road, air and water and other means of public transport.

3. the right referred to in paragraph 1. 1 and 2, does not exempt the disabled person from liability for damage caused by the dog.

4. the exercise of the powers referred to in paragraph 1. 1 and 2, is an assistance dog in harness, and having by the disabled person certification status of a guide dog and a certificate of execution of the required vaccinations veterinary.

5. the powers referred to in paragraph 1. 1 and 2, you can use dog trainer trained on an assistance dog on the basis of a certificate issued by the operator training assistance dogs. The provisions of paragraph 1. 4 and 6 shall apply mutatis mutandis.

6. A disabled person is not required to set up the psu asystującemu muzzle and to keep it on a leash.

Article. 20b. [certificates of assistance dogs] 1. The status of an assistance dog confirms certificate issued after appropriate training.

2. The certificate appears to be entitled to this operator training assistance dogs, entered in the register of entities authorized to issue certificates.

3. the costs of issuance of the certificate shall be financed from the resources of the Fund at the request of the entity authorized to issue certificates.

4. the register referred to in paragraph 1. 2, leads the delegate.

5. the entry in the register shall be made at the request of the operator training assistance dogs.

6. the Agent shall notify the person who has submitted an application for entry in the register of registration or refusal of the entry to the registry.


7. A delegate may carry out inspection bodies authorised to issue certificates in respect of the fulfilment of the conditions laid down in the regulations issued on the basis of paragraph 1. 9.8. A delegate shall be the deletion from the register in case of failure to comply with the conditions laid down in the regulations issued on the basis of paragraph 1. 9 what shall notify the operator cancelled.

9. the competent Minister of social security, whereas the efficiency of training and certification, shall determine by regulation: 1) types of assistance dogs, for which it is possible to issue certificates;

2) conditions to be met by entities authorized to issue certificates and how to evaluate the fulfilment of these conditions;

3) mode for the submission and processing of applications for the financing of the costs for issuing certificates, the amount and method of granting and the transfer of the resources of the Fund for this purpose;

4) mode for the submission and processing of applications for entry in the register of entities authorized to issue certificates;

5) way of making the entry and registry changes to entities authorized to issue certificates, data range covered by the register and the way you do this;

6) designs proposals referred to in paragraphs 3 and 4, and notices of registration, to refuse entry and deletion from the register of entities authorized to issue certificates;

7) marking of assistance dogs and dogs during training.

Article. 20 c [the date from which the person with a disability are entitled to employee rights] a person with a disability are entitled to workers ' rights set out in this chapter, respectively, from the date on which the disabled person has been included in the State of employment of people with disabilities on the basis of article. 2A. Article. 20 d [waiver of fees a person with a disability] 1. A disabled person referred to in art. 8 paragraph 1. 3A of the Act of 20 June 1997-Law on road traffic, is exempt from charges associated with the use of the public road or roads inside to access directly to the utilities, in particular buildings intended for public administration, justice, culture, worship, education, higher education, science, health care, social care and social support of banking, trade, catering, services, tourism , sports, passenger service in transport by rail, road, air or water, the provision of postal services or telecommunications and other public buildings, designed to perform similar functions, including office buildings and social.

2. the exemption referred to in paragraph 1. 1, does not include the right to: 1) Park;

2) using highways paid;

3) journey on the road of national motor vehicles and vehicle combinations consisting of a motor vehicle and trailer or semi-trailer with a maximum permissible weight of over 3.5 tonnes, including buses, regardless of their gross vehicle weight;

4) pass through objects bridge and tunnels located in strings of public roads.



Chapter 5 Specific obligations and rights of employers in connection with the employment of persons with disabilities Art. 21. [the monthly payment to the Fund] 1. Employer with at least 25 employees in terms of full working time shall, subject to paragraph 2. 2-5 and article. 22, to make monthly deposits into the Fund, in the amount which is the product of 40.65% of average earnings and the number of employees which corresponds to the difference between the employment for the achievement of the employment rate of people with disabilities in the amount of 6% and the actual employment of people with disabilities.

2. The payments referred to in paragraph 1. 1, are exempt of the employer for whom the employment rate of people with disabilities is at least 6%.

2A. For State and local organizational units which are budgetary units, budget or auxiliary farms, cultural institutions and organizational units dealing with explicit protection of cultural goods declared historical monument, the employment rate of people with disabilities, as referred to in paragraph 1. 1 and paragraph 2. 2, shall be 2%, 3% in 2005, 4% in 2006, 5% in 2007 and 6% in 2008 and in the following years.

2B. For the public and non-public universities, higher vocational schools, public and non-public schools, teacher education, and nursing-educational and correctional facilities, the employment rate of people with disabilities, as referred to in paragraph 1. 1 and 2, shall be 0.5% in the year 2000, 1% from 2001-2004 and 2% in 2005 and the following years.

2 c. the employment rate of people with disabilities in the units referred to in paragraph 1. 2B shall be calculated as the sum of the employment rate of people with disabilities and twice the indicator of pupils, pupils, students or disabled persons listeners and learners or students under generally applicable in a given unit of regulations of the teaching or studying.

2D. the pupils, pupils, students or disabled listeners, referred to in paragraph 1. 2 c-means their percentage in the total number of: pupils, students or listeners, according to the State last year.

2E. The payments referred to in paragraph 1. 1, are broken in order to make a profit: 1) houses the social assistance within the meaning of the provisions on social assistance;

2) Hospice within the meaning of the medical activity;

3) public and non-public agencies, the sole subject of business is social rehabilitation and healing of persons with disabilities, education, disabled or caring for people with disabilities.

2f. employers with employment rates of people with disabilities, referred to in paragraph 1. 2, 2a and 2b, and organizational units referred to in paragraph 1. 2E shall submit to the Management Board of the Fund information monthly and annual employment, respectively, of persons with disabilities, the employment and training of disabled persons or of persons with disabilities in accordance with the model established by regulation, by the Minister responsible for social security. Monthly information is made within a time limit to 20 the month following the month to which it relates information and information-to 20 January for the previous year.

2f1. the employer consists of monthly and annual information referred to in paragraph 1. 2F, through the transfer of data in the form of an electronic document.

2 g. Employer referred to in paragraph 1. 2A and 2b, not reaching the employment of persons with disabilities set out in paragraph 1. 2A and 2b shall make payments on the principles referred to in article 1. 49.3. The payments referred to in paragraph 1. 1, employers are exempt operators work which are in liquidation or for which announced bankruptcy.

4. the Rate referred to in paragraph 1. 2, can be reduced in case of employment of people with disabilities have particular barriers to work.

5. the number of employees referred to in paragraph 1. 1 not included persons with disabilities residing on leave on free and non-disabled people employed: 1) on the basis of a contract of employment in order to prepare;

1A) on parental leave;

2) on educational leave;

3) nieświadczących work in conjunction with the serving military service or alternative service;

4) participating in a Volunteer Regiment;

5) nieświadczących work in connection with the provision of rehabilitation;

6) on leave free, which obligation shall specify a separate Act.

6. the obligation referred to in paragraph 1. 1, does not apply to: 1) the diplomatic missions and consular posts;

2) agencies and foreign missions.

7. the competent Minister of social security, in consultation with the competent Minister for health, shall determine, by regulation, the types of conditions justifying the reduction indicator, referred to in paragraph 1. 2, and the way his demotion.

Article. 22. [reduction of the deposit to the Fund] 1. Deposits to the Fund referred to in article 1. 21, are lower for the purchase of services, with the exception of trade, or the production of employers employing at least 25 employees in terms of full working time, which reaches the employment rate of people with disabilities who are: 1) people with disabilities training to a significant degree of disability or 2) people blind, mentally ill or mentally or with overall developmental disabilities or epilepsy-training to moderate the degree of disability-in the amount of at least 30% , hereinafter referred to as the "seller".

2. reduction of the donation is timely payment for a successful production or service and to obtain information about the amount of the reduction.

3. the amount of the reduction referred to in paragraph 1. 1, is the product of the ratio of salaries of disabled employees of the seller in a significant or moderate degree of disability and the share of revenue.


4. the salaries of disabled employees of the seller in a significant or moderate degree of disability referred to in paragraph 1. 3, is the product of the coefficient of the salaries of these workers and the number of posts corresponding to the difference between the actual employment of all disabled workers, and employment for the achievement of the employment rate of people with disabilities in the amount of 6%.

5. compensation Ratio of disabled workers assigned to a significant or moderate degree of disability referred to in paragraph 1. 4, is the quotient of the total compensation for those disabled workers-less owed their social insurance contributions – and the number of employees with disabilities in terms of full working time.

6. The participation rate of income referred to in paragraph 1. 3, is the revenue from the sale of its own services, with the exception of trade, or the seller's production, realized in a month for an employer liable for the payments referred to in article 1. 21, hereinafter referred to as the "purchaser", and the total revenue obtained in this month from the sale of its own production or services, with the exception of the trade.

7. Information on the amount of the reduction the seller transfers the purchaser immediately after the settlement of the claims within the time period specified on the invoice. For payments made via bank-the date of payment shall be the date the bank account load buyer based on credit transfer.

8. where the amount of the reduction exceeds: 1) the value of realized production or service, lowering the deposit shall be granted only up to the amount specified on the invoice, referred to in paragraph 1. 7;

2) the amount of 80% of the donation to the Fund, to which the purchaser is obliged in a given month, the difference shall reduce the deposit with that title in the next months.

9. The possibility for, and the unused amount of the reduction may be included in the payments to the Fund for a period of not more than 12 months from the date of obtaining information about the amount of the reduction.



Article. 22A. [Control with the seller or the buyer in respect of the correctness of the implementation of the provision of article 22] the Chairman of the Management Board of the Fund may carry out inspection with the seller or the buyer in respect of the correctness of the implementation of the provision of article. 22. Article. 23. [Deposit to the Fund in the amount of piętnastokrotnego average salary] if an employer not be evolved or not arrange within a prescribed period for the person referred to in art. 14, is obliged to make, on the date of termination of employment with that person, a donation to the Fund in the amount of piętnastokrotnego the average salary for the employee.

Article. 23A. [obligation to provide the necessary reasonable accommodation for people with disabilities] 1. The employer is obliged to provide the necessary reasonable accommodation for disabled persons remaining with him in an employment relationship, participating in the recruitment process or undergoing training, internship, vocational or apprenticeship or absolwenckie. The necessary reasonable accommodation consists in carrying out the necessary in your situation changes or adjustments to specific, reported the employer needs arising from the disability of the person concerned, unless such changes or adjustments not imposing a disproportionate burden on the employer would, subject to paragraph 2. 2.2. The load referred to in paragraph 1. 1, are not disproportionate, if they are sufficiently compensated from public funds.

3. Do not necessary reasonable accommodation, as referred to in paragraph 1. 1 shall be considered to be a breach of the principle of equal treatment in employment within the meaning of the provisions of article 4. 183a § 2-5 of the Act of 26 June 1974-labour code.

Article. 24. (repealed).

Article. 25. (repealed).

Article. 25A. [Refund of contributions from the Fund] 1. The Fund will reimburse: 1) a person with a disability that established mandatory contributions to the pension scheme to the amount corresponding to the amount of contributions, based on the dimension is the amount referred to in article 4. 18 paragraph 1. 8, and in article 1. 18A Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205, poz. 1585, as amended), subject to paragraph 2. 1A, 2) a disabled farmer or farmer principal to pay contributions for a disabled household member, farmers ' social insurance contributions – accident, sickness, maternity and pension scheme-provided the payment of those contributions in full.

1a. the refund referred to in paragraph 1. 1, point 1, shall be in the amount of: 1) 100% of the amount of the compulsory contributions to the pension scheme, in the case of people belonging to a significant degree of disability;

2) 60% of the amount of the compulsory contributions to the pension scheme, in the case of people belonging to a moderate degree of disability;

3) 30% of the amount of the compulsory contributions to the pension scheme, in the case of people belonging to a light degree of disability.

2. Contributions referred to in paragraph 1. 1 paragraph 1, a person with a disability to performing an economic activity shall be calculated and it pays on the principles set out in the Act of 13 October 1998 on the social insurance system.

3. Contributions referred to in paragraph 1. 1 point 2, a disabled farmer or farmer principal to pay contributions for a disabled household member is posted and it pays on the principles set out in the Act of 20 December 1990 on social insurance of farmers (Journal of laws 2008 No. 50, item 291, as amended).

4. the refund referred to in paragraph 1. 1, is not entitled, if contributions have been paid fulfil the terms referred to in article 1. 40 of the Act of 20 December 1990 on social insurance of farmers or article. 47 of the Act of 13 October 1998 on the social insurance system more than 14 days.

Article. 25B. (repealed).

Article. 25 c [application for payment of the refund of social security contributions] 1. A disabled person engaged in an economic activity consists of Fund application for payment of the refund of social security contributions for a particular month.

2. the provision of paragraph 1. 1 shall apply mutatis mutandis to a disabled farmer or farmer obliged to pay contributions for a disabled household member, the farmer shall submit an application for payment of the refund of premiums in the month following the month in which he has made contributions for the quarter.

3. (repealed).

4. A disabled person engaged in an economic activity, disabled the farmer or farmer shall be obliged to pay contributions for a disabled household member, hereinafter referred to as "the applicant" shall transmit the request for payment of the refund of social security contributions in the form of electronic document via remote data transfer and electronic confirmation of the request. The applicant may submit the request also in the form of a written record.

4A. the application for payment of the refund of social security contributions in the form of a printout from the computer software social insurance, disabled person engaged in an economic activity, may charge specified in the field OU of the establishment, on the basis of data collected in the information system of the plant.

5. Within 14 days from the date of receipt of the complete and correctly filled in the application for payment of the refund of social security contributions, the Fund shall transmit to the bank account of the applicant the amount of the refund of social security contributions in the amount determined under paragraph 1. 1, 4 and article. 25A, and inform the applicant of its determination, if this amount differs from the amount indicated in the proposal.

5a. in the case of failure to pass by the Fund the amount of the refund of social security contributions from the amount due shall be charged interest, in the amount specified for tax arrears.

6. If the applicant has a backlog in commitments to the Fund in excess of the total amount of $100, the Chairman of the Management Board of the Fund shall issue a decision to withhold the refund of social security contributions until the arrears by the applicant. The decision shall be enforced from the date of issue.

7. in the case of non-payment by the applicant the arrears to the Fund until 31 January of the year following the year for which the applicant is entitled to the refund, the Chairman of the Management Board of the Fund shall issue a decision to refuse payment of the refund of social security contributions for the period indicated in the decision referred to in paragraph 1. 6.8. Where is determined by the amount of the refund Fund social security contributions is different than the amount of the refund indicated in the request, the Chairman of the Management Board of the Fund shall issue a decision on the amount of the refund, upon a request made by the applicant, within 14 days from the date of receipt of the information on the determination of the quantum of the applicable refund.

9. (repealed).

10. (repealed).

11. the refund of social security contributions shall be granted on the basis of de minimis aid, referred to in the provisions of European Union law.


Article. 25 d [Control of the applicant in respect of the refund of social security contributions] 1. Chairman of the Board of the Fund may carry out checks on the applicant in respect of the refund of social security contributions. In the case of the audit irregularities, Chairman of the Board of the Fund shall issue a decision ordering the return refund of social security contributions in respect of irregularities.

2. The decision of the President of the Board of Directors of the Fund referred to in paragraph 1. 1 and art. 25 c of paragraph 1. 6-8, may be appealed to the Minister responsible for social security.

3. When it is necessary to carry out the checks referred to in paragraph 1. 1, the Fund may make free use of the data collected by the social insurance or social security Agricultural Fund.

4. the competent Minister in charge of social security shall determine by regulation: 1) the specific terms and conditions for the provision and transfer of refund of social security contributions, 2) the deadline for submission, the pattern of the application referred to in article 1. 25 c of paragraph 1. 1, and the list of documents attached to the application, 3) the requirements which must be fulfilled by the applicant supplying documents in electronic form via remote data transfer – taking into account the need to ensure compliance with the rules for granting the aid under the de minimis rule, uniform conditions necessary to ensure the proper transmission of documents and determine the scope of the data necessary for the provision of assistance, as well as the rational management of the resources of the Fund.

Article. 26. [refund for employers employing persons with disabilities] 1. An employer who for a period of at least 36 months is hiring people with disabilities meeting the conditions referred to in paragraph 1. 2, you may receive, upon request, from the resources of the Fund reimbursement: 1) adaptation of the premises of the workplace to the needs of persons with disabilities, in particular incurred in connection with the adaptation that are created or existing jobs for these people, according to the needs arising from their disability;

1A) (repealed);

1B) adapting or acquiring equipment to help a person with a disability to perform the work or the operation of the plant;

1 c) purchase and software authorization for the use of workers with disabilities and assistive technology devices or adapted to the needs arising from their disability;

2) the occupational health service, referred to in paragraph 1 – 1 c.

1a. the refund referred to in paragraph 1. 1, and in article 1. 26 d, applies only to the additional costs to the employer under the employment of people with disabilities.

2. Reimbursement of costs for people with disabilities: 1) unemployed or looking for work not in employment;

2) remaining in employment with the employer that occurs for reimbursement, except in cases where the cause of the creation of disability during the period of employment with this employer was at fault by the employer or by an employee of the infringement, including the provisions of labour law.

3. the refund may not exceed dwudziestokrotnego of the average wage for each disabled person job adapted.

4. the refund shall be the Governor under the conditions and in the amount specified under the agreement concluded with the employer, except that: 1) reimbursement shall not be subject to the costs referred to in paragraph 1. 1 paragraph 1 – 1 c, incurred by the employer prior to the date of signature of the agreement;

2) the amount of the reimbursement of costs incurred in connection with the recognition of the needs of persons with disabilities does not exceed 15% of the costs associated with adapting the created or existing jobs for the disabled.

5. The agreement with the employer, which is Governor, includes the Chairman of the Management Board of the Fund.

6. reimbursement is getting positive reviews national labour inspection, issued at the request of, respectively, or adapt the conditions of occupational health and safety in the workplace or the premises of the establishment referred to in paragraph 1. 1.6a. (repealed).

7. If the period of employment of a person with a disability will be less than 36 months, the employer is obliged to pay to the Fund through the Starosta means an amount equal to 1/36 of the total amount of the refund for each month of the missing to the expiry of the period referred to in paragraph 1. 1, however, in the amount of not less than 1/6 of that amount. The employer shall make the refund within a period of 3 months from the date of termination of employment of a disabled person.

8. the employer does not return the measures referred to in paragraph 1. 7, when employees within 3 months from the date of termination of employment of a disabled person another disabled person, registered in the district labour office as unemployed or seeking work niepozostająca in employment, with the resulting because of this break is not included in the period referred to in paragraph 1. 1.9. The competent Minister in charge of social security shall determine, by regulation, the detailed conditions for granting the aid referred to in paragraph 1. 1 – 8, and in article 1. 26 d, as well as the mode and way of conduct in matters of granting this aid, in the model application and contract, the documentation necessary for the refund and the manner and terms of the examination of applications, with a view to ensuring proper and effective assistance and reimbursement, including obtaining information necessary to grant this aid and make a refund.

Article. 26A. [Monthly financial support to disabled worker] 1. The employer shall be entitled to the Fund monthly financial support to disabled workers, as long as he has been included in the records of employed disabled persons, referred to in article 1. 26B para. 1. Monthly financial support to disabled workers, hereinafter referred to as "the monthly compensation", shall be in the amount of: 1) $1800, in the case of people with disabilities included in the substantial degree of disability;

2) £ 1125 – in the case of people with disabilities included in the moderate degree of disability;

3) £ 450 in the case of people with disabilities included in the light degree of disability.

1a. [2] Monthly funding is not entitled to the employer's zatrudniającemu at least 25 employees in terms of full time work and nieosiągającemu the employment rate of people with disabilities in the amount of at least 6%.

1A1. Monthly financial support are not entitled to: 1) employees assigned to moderate or light degree of disability, who have established the right to old-age pension;

2) if the remuneration of disabled worker has not been transferred to his bank account or the account in the cooperative credit unions counter or to the address of residence of the employee, through legal persons carrying on activities in the field of service of monetary amounts;

3) if the monthly wage costs have been incurred by the employer to fulfil the terms, under separate provisions, exceeding 14 days.

1B. the amounts referred to in paragraph 1. 1, increased by £ 600 in the case of persons with disabilities, which has been declared a mental illness, mental retardation, pervasive developmental disorder development or epilepsy, and the blind.

2. (repealed).

3. (repealed).

4. The amount of the monthly subsidy may not exceed 90% of the actual and timely incurred monthly wage costs and, in the case of employers performing an economic activity, within the meaning of the provisions on proceedings in matters relating to public aid, hereinafter referred to as "the employer exercising an economic activity", 75% of these costs.

5. (repealed).

6. Monthly grant pays the Fund in proportion to the working time of the employee on the basis referred to in article 1. 26B and 26 b.

7. (repealed).

8. If the employer has a backlog in commitments to the Fund in excess of the total amount of 100 dollars, the Chairman of the Management Board of the Fund shall issue a decision to stop the monthly funding until the backlog by the employer. The decision shall be enforced from the date of issue.

9. in the event of failure by the employer to the backlog to fund up to 31 January of the year following the year for which the employer is entitled to a monthly grant, Chairman of the Board of the Fund shall issue a decision to refuse payment of the monthly subsidy for the period indicated in the decision referred to in paragraph 1. 8.9a. Chairman of the Board of the Fund shall issue a decision to refuse payment of the monthly grants: 1) in the cases referred to in article 1. 48A para. 3;

2) in the event of failure to the condition referred to in paragraph 1. 1A1 paragraphs 2 or 3.

9B. The Chairman of the Management Board of the Fund may conduct the employer checks to confirm: 1) compliance with the factual data contained in the documents referred to in article 1. as the first paragraph. 1;

2) economic situation employers performing an economic activity, as referred to in article. 48A para. 3.9 c. In the case of the screening concerning the application for payment of the monthly subsidy period referred to in article 1. as the first paragraph. 3, shall be extended for the period necessary to carry out this procedure, however, for no longer than 14 days.


9 d. in the case of irregularities in the outcome of the screening referred to in paragraph 1. 9B, shall apply the provision of paragraph 1. 10.10. Chairman of the Board of the Fund may carry out checks on the employer in respect of the monthly subsidy, in particular regarding compliance with the facts: 1) of the data contained in the documents referred to in article 1. as the first paragraph. 1;

2) amount of monthly grants including amounts and dates of incurring monthly wage costs of employees.

11. in the case of irregularities as a result of inspection or analysis of documents collected by the Fund or the data referred to in the article. 49 c, President of the Board of Directors of the Fund, it seems: 1) the decision ordering repayment of the grant paid to the extent of irregularities;

2) decision to withhold funding until the return of paid funding; the decision shall be enforced from the date of issue.

12. The decision of the President of the Board of Directors of the Fund referred to in paragraph 1. 8-9a and 12, may be appealed to the Minister responsible for social security.

Article. 26B. [rules for granting a monthly subsidy] 1. Monthly funding have on persons with disabilities in respect of employment included in the records of employed persons with disabilities, which runs the Fund, using a social security number and transmitted electronically to the Fund information, subject to article 22. as the first paragraph. 1a. 2. Where a disabled person is employed in more than one employer in a time not exceeding a total of full working time, monthly financial support shall be granted for this person to employers, in which it is employed, in proportion to the working time of this person.

2A. Where the person referred to in paragraph 1. 2, is employed in full-time work over a total of full working time, monthly financial support shall be granted to that person not exceeding the amount of the monthly grant allocated per person employed on a full-time basis. Monthly funding in proportion to the working time of this person in the first place be granted to employers who had hired this person.

3. employment and the rate referred to in article 1. 26A ust. 1, 1a and 1b, respectively on the principles referred to in article 1. 21(1). 1 and 5, and article. 28 paragraph 1. 3.4. If the employment of new workers with disabilities in any given month with the employer exercising an economic activity does not result in the employer's net increase in total employment, monthly funding for newly recruited disabled worker shall not, if his employment has resulted from termination of employment with another employee, unless the contract of employment has the solution: 1) the grounds referred to in article 1. 52 § 1 point 1 of the Act of 26 June 1974-labour code;

2) by notice by the employee;

3) by agreement of the parties;

4) as a result of the transition of the employee pension for incapacity for work;

5) with the passage of time, for which it is concluded;

6) from the date of completion of the work, for which the implementation has been concluded.

5. If you are not satisfied the conditions referred to in paragraph 1. 4, monthly funding for newly recruited disabled worker is entitled to when his workplace was created as a result of: 1) the expiry of the contract of employment;

2) reduce working time of an employee – at his request.

6. A net increase in total employment is fixed in relation to the average of total employment in the previous 12 months.

7. Monthly financial support shall not be entitled to the remuneration of an employee in the part financed from public funds.

8. The provisions of paragraph 1. 7 does not apply in the case where the employer has funded the employee's salary: 1) of the public of the activities referred to in article 1. 5. 1, paragraph 5, 2) of the public revenue, referred to in article 1. 5. 2 paragraph 3 of the Act of 27 August 2009. public finance (OJ No 157, item 1240, as amended).

Article. 26 b [the information and conclusions] 1. The employer referred to in the article. 26A, consists of the Fund: 1) monthly salary information, employment and the degrees of disability of disabled workers, including employees, which have been found to have a mental illness, mental retardation or epilepsy, and blind workers;

2) application for payment of the monthly subsidy for the month;

3) (repealed).

1a. the information and the request referred to in paragraph 1. 1, the employer shall, in the form of electronic document via remote data transfer and electronic confirmation sent information or an application. The employer may provide the information and the application also in the form of a written record.

1B. (repealed).

2. (repealed).

3. Within 25 days from the date of receipt of the complete and correctly filled in the application for payment of the monthly grant Fund transfers to the bank account of the employer monthly funding in an amount determined on the basis of art. 26A and article. 26B, and informs the employer about how to determine if this amount differs from the amount indicated in the proposal.

3A. in the case of failure to pass by the Fund of the monthly amount of funding from the amount due shall be charged interest, in the amount specified for tax arrears.

4. where is determined by Fund funding amount is different than the amount of the grant indicated in the application of the employer, the Chairman of the Management Board of the Fund shall issue a decision on the amount of the grant, at the request of the employer made within 14 days from the date of receipt of the information on the determination of the quantum of funding for compensation.

4A. (repealed).

4B. the decision referred to in paragraph 1. 4, may be appealed to the Minister responsible for social security.

5. (repealed).

6. the competent Minister in charge of social security shall determine by regulation: 1) the specific terms and conditions for the provision and transmission of monthly, 2) deadlines for submission, patterns of information and the conclusion referred to in paragraph 1. 1, and the list of documents attached to the application, 3) the requirements which must be fulfilled by the employer, by passing the documents in electronic form via remote data transfer – taking into account the need to ensure compliance with the conditions for the admissibility of public aid for employment, as set out in the provisions of European Union law, ensure uniform conditions necessary to ensure the proper transmission of documents and determine the scope of the data necessary for the provision of assistance, as well as the rational management of the resources of the Fund.



Article. 26c1. (repealed).

Article. 26 d. [refund of the monthly costs of employing staff to assist disabled worker at work] 1. An employer who employs a disabled worker may receive from the Fund return: 1) the monthly costs of employing staff to assist disabled worker at work, 2) cost of training these workers – in the range of activities to help you communicate with the environment, as well as actions impossible or difficult to implement by the disabled worker in the workplace.

2. The amount of the refund of monthly costs of employing staff to help a disabled worker in the work is the product of the amount of the lowest wage and the quotient of the number of hours in the month of intended solely to help a disabled worker and monthly working hours of disabled worker during the month, subject to the provisions of paragraph 2. 3 .2a. Reimbursement of employee training to help a disabled worker at work includes 100% of the costs of training, but not more than the equivalent of the amount of the lowest salary.

3. The number of hours dedicated exclusively to help the disabled employee does not exceed the number of hours corresponding to 20% of the number of hours of work of an employee in the month.

4. The provisions of article 4. 26 paragraph. 4-6 shall apply mutatis mutandis.

Article. 26E. [refund equipment jobs] 1. An employer who for a period of at least 36 months is hiring a disabled person registered in the district labour office as unemployed or seeking work unmarried or legally separated, may receive, upon request, from the resources of the Fund return for equipping workstations up to piętnastokrotnego of average earnings.

2. The reimbursement of the costs referred to in paragraph 1. 1, the Governor under the conditions and in the amount specified under the agreement concluded with the employer, except that the refund shall not be subject to costs incurred prior to the date of conclusion of the contract.

3. The agreement with the employer, which is Governor, includes the Chairman of the Management Board of the Fund.

4. (repealed).

5. a condition for reimbursement of the costs referred to in paragraph 1. 1, is to obtain, at the request of, the favourable opinion of the State labour inspection, respectively, adapting to the needs arising from a disability employed person on wyposażanym place of work or the conditions of safety and health at work in this position.


6. If the period of employment of a person with a disability will be less than 36 months, the employer is obliged to pay to the Fund through the Starosta means an amount equal to 1/36 of the total amount of the refund for each month of the missing to the expiry of the period referred to in paragraph 1. 1, however, in the amount of not less than 1/6 of that amount. The employer shall make the refund within a period of 3 months from the date of termination of employment of a disabled person.

7. the employer does not return the measures referred to in paragraph 1. 5 If the employees within 3 months from the date of termination of employment of a disabled person another disabled person, registered in the district labour office as unemployed or seeking work and unmarried or legally separated in employment, with the resulting because of this break is not included in the period referred to in paragraph 1. 1.8. The competent Minister in charge of social security shall determine by regulation: 1) procedure in the cases referred to in paragraph 1. 1-6, 2) model application and contract and documentation necessary for reimbursement of the costs referred to in paragraph 1. 1, 3) the manner and timing of the applications referred to in paragraph 1. 1, 4) form of security return received funds in the event of failure of the terms of the agreement regarding their grant-with a view to increasing the level of employment of people with disabilities, making the reimbursement in accordance with the rules for granting the aid under the de minimis rule and the rational management of Fund resources.

Article. 26f. (repealed).

Article. 27. (repealed).



Chapter 6 of sheltered workshops and work of Art. 28. [the employer's Status, the operator of sheltered employment] 1. The employer engaged in an economic activity for a period of at least 12 months, with not less than 25 employees in terms of full time work and reaching employment of people with disabilities, referred to in paragraph 1, for a period of at least 6 months, obtains the status of the employer of the operator of sheltered employment, if: 1) employment rate for persons with disabilities is: a) at least 50%, and at least 20% of the total employed are classified as significant or moderate degree of disability , or b) at least 30% of the blind or mentally ill, or mentally credited to a significant or moderate degree of disability;

2) properties and facilities operated by the establishment of work: a) correspond to the provisions and the principles of safety and health at work, b) shall take into account the needs of persons with disabilities in terms of adaptation of work stations, sanitation and roads and meet the requirements of availability, as well as 3) is ad hoc and specialized medical care, counselling and rehabilitation services;

4) occurs with a request for the status of the employer of the operator of sheltered employment.

1a. The social cooperative, is the result of the transformation of cooperative or cooperative of the blind having the status of the employer operator work protected, obtains the status of the employer of the operator of sheltered employment, if there is a request for such status within 3 months from the date of entry of the cooperatives in the national court register.

2. The circumstances referred to in paragraph 1. 1 paragraph 2, at the request of the employer, the national labour inspection, with the exception of the circumstances referred to in paragraph 1. 1 point 2 (a). (b) in relation to persons employed in, experienced autonomously and the protection of property.

3. To employees referred to in paragraph 1. 1 paragraph 1 shall, subject to paragraph 2. 4-6, also people with disabilities implementing tolling, if their remuneration was fixed at least in the amount of: 1) the lowest wages – in relation to performers, for whom work nakładcza is the only source of livelihood;

2) half of the lowest remuneration – in relation to the rest of the performers.

4. Working time of employees referred to in paragraph 1. 3, shall be determined as the quotient of the height of a fixed salary and the lowest wages.

5. the maximum hours of work determined under paragraph 1. 4 shall not exceed one time.

6. the provision of article. 21(1). 5 shall apply mutatis mutandis.

Article. 29. [establishment of professional activity] 1. Municipality, district and the Foundation, association or other organization, where the statutory mission is professional and social rehabilitation of disabled persons, hereinafter referred to as the "Organizer" can create a differentiated organizationally and financially and for this unit the status of plant activity, if: 1) at least 70% of all people employed in this unit are persons with disabilities, in particular targeting to work by the district labour offices : and) to a significant degree of disability, (b)) to moderate the degree of disability, which have been found to have autism, mental retardation or mental illness, including those in respect of which the program Council, referred to in article 1. 10A paragraph 1. 4, took the position of justifying taking employment and the continuation of vocational rehabilitation in the conditions of employment;

2) meets the conditions referred to in article 1. 28 paragraph 1. 1 paragraphs 2 and 3;

3) earmarks obtained income for the activity Fund's share;

4) obtains a favourable opinion of the need for the creation of a plant activity, except in cases when the Organizer is a district.

1a. The status of employment of people with disabilities, referred to in paragraph 1. 1 (1) (a). (b) may not be more than 35% of the total employed.

1B. United States employment which form the basis for the calculation of the indicators referred to in paragraph 1. 1 paragraph 1 and paragraph 2. 1a shall be determined. To the States of employment do not count against the persons referred to in art. 21(1). 5.1 c. The Governor, by way of decision, releases for a specified period, not longer than three months, the organizer of the plant activity from the fulfilment of a condition referred to in paragraph 1. 1 (1) (a). and, if a violation of this condition has occurred for reasons beyond the control of the employer and the competent district labour office may not refer the required number of people with disabilities, referred to in paragraph 1. 1, to work at the plant.

2. (repealed).

3. Costs: 1) the creation of establishments employment are co-financed from the resources of the Fund, subject to article 22. 68c paragraph 1. 2, paragraph 2, of the organizer and other sources; These establishments may not lead the activity of production of oil, tobacco, spirits, wine, brewing, and other alcoholic products with alcohol content exceeding 1.5% and goods of precious metals or with the participation of these metals or of trade in those products;

2) establishments professional activities are co-financed from the resources of the Fund, subject to article 22. 68c paragraph 1. 2, paragraph 1, and from the resources of the local Government of at least 10%, except that the percentage of local Government of the costs may be reduced, provided you find other sources of funding for operation of the plant activity.

3A. the Co-financing from the Fund the costs referred to in paragraph 1. 3, the provincial government under the conditions and in the amount specified under the agreement concluded with the entity referred to in paragraph 1. 1.3a1. In the case of spending activity Fund in accordance with the regulations issued on the basis of article. 29. 4, or in case of failure of unused appropriations Fund activity on the extracted from the bank account of the Fund by 31 December of the year in which these measures were obtained, the employer is obliged to: 1) return 100% of the amount of the share Fund activity and 2) deposit of 30% of the Fund in time to 20. day of the month following the month in which the disclosure of spending activity Fund accordingly incompatible with the regulations issued on the basis of article. 29. 4 or a deadline to transfer unused funds Fund activity on the extracted from the bank account.

3A2. Deposit referred to in paragraph 1. 3A1 paragraph 2 does not burden the Fund activity.

3B. in the event of liquidation or loss of status of the establishment of professional activity, the deletion of the Organizer from the records of a business or of the national court register, liquidation or bankruptcy of the organizer of the plant activity public funds received for the creation of the establishment, the unused funds of the Fund and unused as of the day of the occurrence of any of these circumstances, measures the activity fund shall be immediately deposited into the Fund, subject to paragraph 2. 3 c. 3 c. Payment to the Fund is also subject to the amount corresponding to the amount expended from the resources of the Fund activity on the acquisition, production or improvement of fixed assets in connection with the modernisation of the plant, creating or adapting jobs for people with disabilities – in the part that was not covered with accumulated depreciation provisions, established using depreciation rates arising from the list of annual depreciation rates for day circumstances referred to in paragraph 1. 3B.


3D. The provisions of paragraph 1. 3B and 3 c shall not apply in the case where the plant closure is made in connection with the acquisition of the plant by another company activity or as a result of the connection with the activity, and any unused funds of the Fund shall be subject to the transfer within a period of 3 months the activity Fund's share of the plant to the transferee company wound up.

3E. in the case of transfer of the conduct of the plant activity components property, activity fund monies, assets and liabilities of the plant activity and the assets and liabilities of the organizer of the plant activity associated with creating and running the plant acquires a new promoter of the establishment of professional activity.

3F. Within 14 days from the date of communication of the conduct of the plant activity new organizer of the plant activity occurs to the Governor for a decision to grant the status of undertaking activity facility allows the date of transfer of the conduct of this establishment.

3 g. in the case of failure to the status of the establishment of professional activity by a new Organizer, who took over the running of the plant activity, the amount of which is the value of the property of the plant activity financed from the resources of the Fund, in part, that has not been covered losses resulting from the annual depreciation rates Catalog stranded at the acquisition date and unused funds, funds for the creation or operation of the plant activity and funds held in the account of the Fund activity are subject to transfer to the account of the Fund.

3 h new organizer of the plant activity assumes the rights and obligations of the current Organizer arising out of the agreement for the grant from the Fund the costs of the establishment and operation of the undertaking acquired the plant activity on the date of acquisition.

4. the competent Minister in charge of social security shall determine by regulation: 1) detailed the manner, mode and conditions of creating, funding and operation of establishments labour force, 2) working time and rehabilitation of people assigned to a significant or moderate disability, 3) how to create and use of Fund activities – with a view to the uniform rules on the operation of establishments labour force.

Article. 30. [status of sheltered employment facility or business activity-the powers of the Governor] 1. The decision on the granting of the status of the establishment of sheltered employment or business activity, confirming compliance with the conditions referred to in article 1. 28 or 29, it seems the Governor.

2. the Governor may, by decision, free for a limited period, not longer than six months, the operator of sheltered employment to the condition referred to in article 1. 28 paragraph 1. 1 (1) (a). and, if: 1) employs at least 60% of people with disabilities and 2) competent emplyment cannot channel the required number of people with disabilities included in a significant or moderate degree of disability, with appropriate professional qualifications or suitable for retraining.

2A. the Governor may, by decision, the release from the obligation to conduct business for a period of 12 months preceding the filing of the application for granting the status of sheltered employment facility or from the obligation to maintain employment rates of people with disabilities, as defined in article 3. 28 paragraph 1. 1 paragraph 1 within a period of 6 months preceding the date of submission of the application for the status of the establishment of sheltered employment the employer who is: 1) took over together with all the employees of the company work is protected in bankruptcy or in liquidation or in danger of liquidation or bankruptcy, excluding the acquisitions made on the basis of the commercial code or the Act of 16 September 1982-Law cooperative (Journal of laws of 2003, no. 188 , item. 1848, as amended. d.);

1A) took over the workers of sheltered employment facility in connection with the Division or the acquisition of an establishment or part thereof or as a result of changes to the organizational and legal forms of sheltered employment facility operated by the natural person;

2) took over in the way of donations from individuals belonging to it to and the tax group within the meaning of the provisions on the inheritance tax and gift tax sheltered employment facility run by one or more individuals.

2B. The Governor may issue a decision referred to in paragraph 1. 2A where the employer: 1) continue in the employment of disabled workers of sheltered employment facility acquired during the period of one year from the date of the decision and 2) complies with the other conditions referred to in article 1. 28, the day of the request for the status of sheltered employment facility or document the acquisition of the plant.

2BA. The provisions of paragraph 1. 2B paragraph 1 shall not apply if the employment contract taken over disabled workers have a solution in the cases referred to in article 1. 26B para. 4, points 1 to 6, as well as in the case of termination of employment or reduction of working time of an employee at his request.

2 c. the employer, to which the Governor has taken from the Office of the decision referred to in paragraph 1. 3, may apply to the Governor with a request for a decision on the granting of the status of sheltered employment facility with effect from re compliance with the conditions referred to in article 1. 28 paragraph 1. 1 paragraphs 1-3 and art. 33 para. 1 or 3 paragraphs 1 and 2:1), the employer at the date of the application is shown: a) satisfying the conditions referred to in article 1. 28 paragraph 1. 1-3 and art. 33 para. 1 or 3 paragraphs 1 and 2, for the period from the date of fulfilment of conditions again to the day preceding the day of submission of the application, (b)) reimbursement of unduly collected aid received in connection with the legitymowaniem status of the establishment of sheltered employment, together with interest for the period established by decision referred to in paragraph 1. 3, loss of status to again meet the conditions referred to in article 1. 28 paragraph 1. 1-3 and art. 33 para. 1 or 3 paragraphs 1 and 2;

2) the total period of failure to comply with the conditions referred to in article 1. 28 paragraph 1. 1-3 and art. 33 para. 1 or 3, was no longer than 3 months;

3) within the period referred to in paragraph 2, the rate referred to in article 2. 28 paragraph 1. 1, paragraph 1, was reduced by more than 20% of the benchmark;

4) infringement of article. 28 paragraph 1. 2 and 3 or article. 33 para. 1 or 3 (1) and (2) it was not blatant.

3. the Governor shall take a decision noting the loss of the status accorded to the establishment of sheltered employment or labour in the event of failure to comply with the conditions or obligations referred to in article 1. 28 paragraph 1. 1 paragraph 1-3 or article. 33 para. 1 or 3 paragraph 1 or article. 28 paragraph 1. 1 paragraphs 1-3, art. 29 or article. 30 paragraph. 2B, the date of the cessation of fulfilling any of the conditions or obligations.

3A. The decision of the Governor, referred to in paragraph 1. 1 – 3, the employer may be appealed to the Minister responsible for social security.

3B. the authorities referred to in paragraph 1. 3A may periodically, at least every two years, and the ad hoc checks fulfilment of conditions and obligations, taking into account article. 28 and 29.

3 c, the national labour inspection shall be carried out not less frequently than every three years, in sheltered and betting activity in compliance with the provisions of the Act, and in particular article. 28 paragraph 1. 1 point 2.

3D. The Governor and the State Labour Inspectorate provide Representative information about the results of the checks referred to in paragraph 1. 3B and 3 c, carried out in a given calendar year, by the end of the first quarter of the following year.

4. The operator of sheltered employment or professional activity of the establishment is obliged to: 1) inform the voivode of any change concerning the fulfilment of the conditions and obligations referred to respectively in article. 28, art. 29 and article. 33 para. 1 and 3, within 14 days from the date of the change;

2) represent the half-yearly information, to fulfil these conditions.

5. the competent Minister in charge of social security shall determine, by regulation, the pattern of the information referred to in paragraph 1. 4, and the manner of its presentation.

6. The Governor shall submit to the Representative half-yearly summary information about decisions and the State of employment in sheltered and professional activity, within the time limits: 1) until 20 August-for the first half of;

2) until 20 February-for the second half.

7. At the request of the Representative the Governor is obliged to provide the information concerning the decisions referred to in paragraph 1. 1-3, to the extent and date indicated in the proposal. This time limit may not be less than 30 days from the date of delivery of the request.

8. the competent Minister in charge of social security shall determine, by regulation, the pattern of the information referred to in paragraph 1. 6, and their transfer, with a view to ensuring the smooth and timely transmission of this information.

Article. 31. [exemption from taxes and charges the operator of sheltered employment or professional activity] 1. The operator of sheltered employment that meets the condition referred to in article 1. 28 paragraph 1. 1 (1) (a). (b), or a professional activity in respect of that establishment shall be exempt from the tax: 1), subject to paragraph 2. 2, except that: (a)) of property taxes, agriculture and forestry – on the principles set out in the provisions of separate,


(b)) of the tax on civil law transactions – if action by it today remains in direct connection with the operation of the plant;

2) fees, with the exception of stamp duty and fees on the nature of the sankcyjnym.

2. the exemption referred to in paragraph 1. 1 paragraph 1 shall not apply to: 1) tax on games;

2) goods and services tax and excise duties;

3) duties;

4) income taxes;

5) tax on means of transport.

3. The operator of sheltered employment that meets the condition referred to in article 1. 28 paragraph 1. 1 (1) (a). (b), shall forward the measures obtained: 1) the exemptions referred to in paragraph 1. 1,: a) the Fund is 10%, (b)) share Fund for rehabilitation of disabled persons-90%;

2) (repealed).

4. The operator activity passes measures obtained by virtue of the exemptions referred to in paragraph 1. 1, and the proceeds from the income associated with doing business on the Fund's share activity.

5. a list of the fees of an sankcyjnym referred to in paragraph 1. 1 paragraph 2 shall determine, by regulation, the proper minister of public financies in consultation with the competent Minister for social security, having regard to the nature of the charges subject to the exemption.

Article. 32. [Funding and reimbursement of expenses for the employer operator employment] 1. The employer operator employment may, on application, receive from the Fund: 1) funding of up to 50% of the interest contracted Bank loans provided the use of these loans for purposes of professional and social rehabilitation of persons with disabilities;

2) reimbursement: a) the construction or reconstruction of the modernisation of the facilities and premises of the plant, b), c).

2. the refund referred to in paragraph 1. 1 point 2:1) applies only to the additional costs to the employer under the employment of people with disabilities;

2) may be granted to the employer the operator of sheltered employment in which the employment rate for persons with disabilities is at least 50%.

3. the competent Minister in charge of social security shall determine, by regulation, the detailed terms and conditions for the award of grants and the reimbursement of the costs referred to in paragraph 1. 1 procedure in these matters, including the deadlines for submission and processing of applications, the manner and mode for information on the use of resources, with a view to ensuring the efficiency of assistance, compliance with the conditions for the admissibility of public assistance, as set out in the legislation of the European Union, to ensure uniform conditions necessary to ensure the proper transmission of documents and the determination of the scope of the data necessary for the provision of assistance, as well as the rational management of Fund resources.

Article. 32A. [help for the employer operator employment] Fund, on the basis of the contract concluded with the employer leading sheltered employment company, employer of the aid referred to in article. 32 paragraph 1. 1. Article. 33. [a share Fund for rehabilitation of persons with disabilities] 1. The operator of sheltered employment creates the share Fund for rehabilitation of disabled persons, hereinafter referred to as "the Fund for rehabilitation".

2. Rehabilitation Fund creates, in particular: 1) with the measures referred to in article 1. 31 para. 3 (1) (a). (b);

2) of part of the advance on income tax from natural persons, in accordance with special regulations;

3) with influences of the entries and donations;

4) from interest on the funds in the account of the Fund rehabilitation;

5) with funds from the sale of fixed assets purchased from the Fund, in part, you have an existing.

3. the employer operator of sheltered employment is obliged to: 1) keep records of the Fund rehabilitation;

2) carry out bank account billing under the Fund;

2A) spending the Fund only bank account the Fund, subject to paragraph 2. 3A;

3) Rehabilitation Fund to the account referred to in paragraph 2, within 7 days from the date on which those measures were obtained;

4) devote at least 15% of the resources of the Fund the rehabilitation of the individual programmes of rehabilitation;

5) devote at least 10% of the resources of the Fund the rehabilitation of the individual aid for disabled employees and former non-working disabled employees.

3A. the measures of rehabilitation fund may be paid with a bank account under the Fund, the money in the Fund for payment of disabled persons and persons eligible for aid from the Fund.

3B. the rehabilitation fund Measures not subject to judicial enforcement or administrative and cannot be loaded in any way, subject to paragraph 2. 4.4. The Fund for rehabilitation shall be allocated to the financing of vocational rehabilitation, medical and social, including the individual rehabilitation of disabled persons programs developed by established by employers, rehabilitation committees and insurance of persons with disabilities, in accordance with the company rules the use of these resources.

4A. If in accordance with paragraph 1. 4 destination Rehabilitation Fund, the employer is obliged to: 1) return 100% of the amount of these funds to fund rehabilitation and 2) deposit of 30% of the Fund in time to 20. day of the month following the month in which the disclosure in accordance with the law of destiny Fund rehabilitation, as well as failure to comply with the time limit referred to in paragraph 1. 3 paragraph 3.

4a1. On par with incompatible with paragraph 1. 4 intended use the resources of the Fund for rehabilitation shall be construed not Rehabilitation Fund, failed to keep records of the Fund or bank account failed rehabilitation measures that Fund, except that the amount referred to in paragraph 1. 4A, paragraph 2, is equal to 30% of the amount of the rehabilitation fund established pursuant to paragraph 1. 1-3.

4B. The deposit referred to in paragraph 1. 4A, paragraph 2, does not burden the rehabilitation fund.

4 c. Obtained in a given calendar year the Fund rehabilitation from the exemptions referred to in article 1. 31 para. 1, and the amount of downloaded advances on income tax from individuals, referred to in paragraph 1. 2, paragraph 2, which were not used in the period up to 31 December of the following year, subject to the payment to the Fund.

5. The employer operator employment can collect up to 10% of the resources of the Fund for rehabilitation for the implementation of common tasks in accordance with the law.

6. check the correctness of the implementation of the provisions of paragraph 1. 1-4a is carried out by the competent tax authorities dispose.

7. in the event of the liquidation, bankruptcy or deletion of records of business operated by the employer of the establishment of sheltered employment or loss of status of sheltered employment facility not used by State on the day of the liquidation, bankruptcy or loss of status of sheltered employment facility Fund rehabilitation shall be immediately deposited into the Fund, subject to paragraph 2. 7A and 7b.

7A. the Deposit to the Fund is also subject to the amount corresponding to the amount expended from the Fund for the acquisition of rehabilitation, creation or improvement of fixed assets in connection with the modernisation of the plant, creating or adapting jobs for people with disabilities, the construction or expansion of rehabilitation and social lounge, base and on the purchase of transport equipment – the part that was not covered with accumulated depreciation provisions, established using depreciation rates arising from the list of annual depreciation rates for day circumstances referred to in paragraph 1. 7.7b. In case of loss of the status of the establishment of sheltered employment and the State of total employment of at least 15 employees in terms of full working time and employment of disabled persons of at least 25%, the employer retains the Fund for rehabilitation and unused funds this Fund.

7 c (repealed).

7. (repealed).

8. The provisions of paragraph 1. 7 does not apply in the case where the plant closure is made in connection with the acquisition of the plant by another sheltered employment facility or as a result of the connection with this undertaking, and any unused funds of the Fund shall be subject to the transfer within a period of 3 months to fund the rehabilitation of the plant to the transferee company wound up.

8A. In the cases referred to in article 1. 30 in the paragraph. 2A, paragraph 1 shall apply. 8, except that the Fund rehabilitation shall be: 1) split between employer, referred to in article 2. 30 paragraph. 2A paragraph 1a, and employer not yet have the status of sheltered employment facility that remained have this Fund, in proportion to the percentage of employment of disabled workers of sheltered employment facility acquired in the State of employment of people with disabilities, employers so far have sheltered employment facility status is laid down in terms of full working time, as at the day of Division or dispose of sheltered employment facility or part thereof and


2) transfer to the title of a deposit referred to in art. 33 para. 7, in the amount of the difference between the amount of the resources of the Fund for rehabilitation of the employer not yet have the status of sheltered employment facility as at the day of Division or dispose of all or part of the establishment of sheltered employment and the sum of the amounts attributable to individual employers on the basis of paragraph 1, within 3 months from the date of the distribution or sale of sheltered employment facility or part thereof.

9. Have a rehabilitation fund or fund activity is the employer.

10. The operator may provide sheltered employment, from the resources of the Fund for rehabilitation, assistance to persons with disabilities inoperative, former employees of the permanent establishment for purposes of rehabilitation and social.

11. the competent Minister in charge of social security in consultation with the competent Minister of public financies and Minister for health will determine by regulation: 1) types of expenditure from the Fund, including the rehabilitation of the de minimis rule, 2) the conditions for the use of the resources of the Fund for rehabilitation, 3) the scope, conditions and forms of individual assistance, 4) mode for determining the share of the rules of the use of these resources 5) conditions for creating individual rehabilitation programmes, including the composition and activities of the Commission of rehabilitation creates these programs – with a view to the proper use of this Fund.

Article. 33A. [the correct application of the provisions of the Act] the provisions of art. 33 shall apply to the employers referred to in article 1. 33 para. 7B. Chapter 7 the tasks and the Organization of services for persons with disabilities Art. 34. [Surveillance Agent] 1. Execution of the tasks under the Act shall supervise the Delegate who is a Secretary of State in the Office that supports the Minister responsible for social security.

2. The surveillance referred to in paragraph 1. 1, is executed by: 1) the coordination of the implementation of the tasks arising from the Act;

2) initiate or perform the tasks arising from the Act.

3. coordination referred to in paragraph 1. 2, paragraph 1, is to: 1) the request of information, documents and periodic reports on the performed tasks specified in the Act;

2) organize training and conferences;

3) providing information in matters concerning the professional and social rehabilitation and employment of persons with disabilities;

4) the development of standards for implementation of the tasks set out in the Act;

5) the implementation of the tasks arising from government programs, referred to in paragraph 1. 6, paragraph 2;

6) the implementation of measures aimed at reducing the effects of the disability and the barriers that impede people with disabilities in society.

4. The initialization of the control referred to in paragraph 1. 2, paragraph 2, applies to: 1) actions for the implementation of the rights of persons with disabilities;

2) implementation of the tasks set out in the Act;

3) meet by employers the terms referred to in article 1. 28 paragraph 1. 1, art. 29, art. 30 paragraph. 2B. 33.5. The delegate can perform inspection in the field referred to in paragraph 1. 4.6. The tasks of the Representative you must also: 1) developing and reviewing draft normative acts on employment, rehabilitation and the living conditions of persons with disabilities;

2) developing projects of government programs on solving problems of persons with disabilities;

3) determining the assumptions to the annual plans of financial expenditures relating to the implementation of the tasks arising from the Act;

4) initiating measures aimed at reducing the effects of the disability and the barriers to people with disabilities in society;

5) cooperation with NGOs and foundations working for the benefit of handicapped persons.

7. the tasks arising out of the Act implement the Government administration bodies, bodies of local government units and the Fund.

8. A representative shall appoint and dismiss the President of the Council of Ministers, at the request of the Minister responsible for social security.

9. the competent Minister in charge of social security shall determine, by regulation, the mode and manner in which the checks by the authorities empowered to control based on art. 6 c of paragraph 1. 2 (1) and (2), art. 22A, article. 25 d of paragraph 1. 1, art. 26A ust. 10, art. 30 paragraph. 3B. 34 para. 5, taking into account the need to ensure uniform procedures for the control and proper control.

10. Agent performs its tasks with the assistance of the Office of the agent, which is an isolated cell in the Office of the organization that supports the Minister responsible for social security.

Article. 35. [the task of self-government under Act] 1. The tasks of the self-government of the Act: 1) the development and implementation of regional programs on the Equalization of opportunities for persons with disabilities and prevent their social exclusion, and assist in the performance of tasks for the employment of people with disabilities;

2) (repealed);

3) developing and presenting to the Representative about your business;

4) (repealed);

5) funding of the works within the meaning of the provisions of the Act of 7 July 1994-construction law (Journal of laws of 2010 # 243, poz. 1623 and 2011 # 32, item 159 and # 45, item 235) concerning properties for rehabilitation, in connection with the needs of people with disabilities, with the exception of the demolition of these properties;

6) funding the costs of creating and functioning of establishments labour force;

7) cooperation with government authorities and the counties and municipalities in the implementation of the tasks arising from the Act;

8) cooperation with NGOs and foundations working for the benefit of handicapped persons;

9) reviewing the application for entry in the register referred to in article 1. 10 d of paragraph 1. 2.2. Of the House in the form of the resolution specifies the tasks that the measures referred to in article 1. 48 para. 1 point 1.

3. the competent Minister in charge of social security shall determine, by regulation, the task of self-government that can be funded from the resources of the Fund and the conditions and mode of funding of the works referred to in paragraph 1. 1, paragraph 5, with a view to the implementation of the tasks for people with disabilities.

Article. 35A. [Task of the County] 1. The tasks of the County: 1) development and implementation, consistent with a poviat troubleshooting strategy social, regional action programmes for persons with disabilities in the areas of: a) social rehabilitation, b) vocational rehabilitation and employment, c) observance of the rights of persons with disabilities;

2) cooperation with the institutions of Government and local governments in the development and implementation of the programmes referred to in paragraph 1;

3) share for the delegate and the self-government and the transfer to the competent Palatine adopted by the Council of the County programs referred to in paragraph 1, and the annual information with their implementation;

4) taking measures to limit the effects of the disability;

5) developing and presenting tasks and information plans with their business and their share for self-government;

6) cooperation with NGOs and foundations working for the benefit of handicapped persons in the field of social and professional rehabilitation of such persons;

6a) funding from the Fund expenditure for labour market services or instruments referred to in the Act on the promotion of, in respect of persons with disabilities registered as job-seekers not in employment;

7) grant: a) the participation of people with disabilities and their caregivers in 1836, b) sport, culture, recreation and tourism, people with disabilities, c) supply of rehabilitation equipment, orthopaedic and AIDS granted to individuals with disabilities on the basis of separate provisions, (d)) Elimination of architectural barriers in communication and technical, in connection with the individual needs of people with disabilities, e) rehabilitation of children and adolescents, f) services of an interpreter or sign language interpreter-Guide;

8) funding the costs of the creation and operation of the occupational therapy workshops;

9) job placement and vocational guidance for people with disabilities, their training and retraining;

9A) the grant of the measures referred to in article 1. 12A;

9B) the implementation of the tasks referred to in article 1. 26, art. 26 d and art. 26E;

9 c) delegate in accordance with art. 36;

10) targeting people with disabilities that require specialized training and rehabilitation and social, to the specialist centre for training and rehabilitation or other training institutions;

11) cooperation with the authorities of the schemes to the extent resulting from separate regulations;

12) consulting organizational-legal and economic in terms of business or agricultural industry undertaken by persons with disabilities;

13) cooperation with the competent inspector dispose of work for evaluation and control of the employment of people with disabilities.

2. the tasks referred to in paragraph 1. 1:


1) in paragraph 1 (b). a and c, paragraph 6, and paragraph 9 c in the section on social rehabilitation of persons with disabilities, as well as in paragraphs 4, 5, 7 and 8 – are carried out by the district family assistance centres;

2) (1) (a). (b) and (c), paragraph 6, and paragraph 9 c in the section on vocational rehabilitation of persons with disabilities, as well as in paragraph 9-9b and 10 – 13 – are carried out by the district labour offices.

3. the Council of the district in the form of the resolution specifies the tasks that the measures referred to in article 1. 48 para. 1 point 1.

4. the competent Minister in charge of social security shall determine, by regulation, types of tasks referred to in paragraph 1. 1, which may be financed from the resources of the Fund, taking into account in particular the requirements to be met by entities seeking funding for these tasks, as well as the procedures and rules of their funding from the Fund.

Article. 35B. (repealed).

Article. 35 c [Report expenditures financial] 1. The boards of provinces and the boards of districts represent the President of Fund expenditures report financial activities carried out from the Fund of funds.

2. (repealed).

Article. 36. [execution of tasks on behalf of the Fund by foundations and non-governmental organisations] 1. Tasks of the professional and social rehabilitation of disabled persons can be carried out on behalf of the Fund by foundations and non-governmental organisations.

2. the tasks referred to in paragraph 1. 1, can be implemented with the resources of the Fund by foundations and non-governmental organisations also on behalf of the local Government of the province or County.

3. To task requests, as referred to in paragraph 1. 1 and 2, shall apply mutatis mutandis the provisions of the Act of 24 April 2003 on the activities of public benefit and voluntary service.

4. the competent Minister in charge of social security shall determine, by regulation, types of tasks from the scope of the professional and social rehabilitation of disabled people, which can be outsourced to foundations and non-governmental organizations, with a view to ensuring implementation of the needs of persons with disabilities.



Chapter 8 training of persons with disabilities Art. 37. [training of persons with disabilities] training of persons with disabilities is carried out in the forms of out-of-school to vocational training, retraining or raise the qualification.

Article. 38. [Initiating and organising training for unemployed persons with disabilities] 1. Head of the district labour office initiates and organizes training for unemployed disabled persons or other persons with disabilities seeking employment and not in employment, and registered in the district labour office, in order to increase their chances of obtaining employment, an increase in the existing professional qualifications or professional activity, and in particular in the event of: 1) the lack of professional qualifications;

2) having to change the qualifications in the absence of proposals for appropriate employment;

3) loss of capacity for work in the not yet carried out.

2. The training referred to in paragraph 1. 1, may be also people with disabilities in the period of their employment contract is terminated for reasons of non-employees.

Article. 38A. (repealed).

Article. 39. [place of training people with disabilities] 1. Training of persons with disabilities may take place: 1) in training;

2) in a specialised rehabilitation training, hereinafter referred to as "specialised centres" that provide the conditions for the implementation of the tasks referred to in paragraph 1. 3.2. Specialist centres are created and disposed of by the Marshal in consultation with the Representative. The provincial government may subcontract to other entities the tasks referred to in paragraph 1. 3.3. The task of the specialised centre: 1) conducting training of persons who from disability have hindered or prevented access to training in other locations;

2) specifying a person's fitness psychophysical in relation to the requirements of various professions;

3) specifying, by applying the relevant tests and practical tests, the ability and the possibility of the development of the capacity of the person concerned;

4) to provide the participants of the training accommodation, food, educational assistance and medical care and rehabilitation services.

4. the costs of the establishment, activities and the performance of the tasks of the specialized Centre should be met from the resources of the Fund.

5. the competent Minister in charge of social security shall determine, by regulation, how to create, operate and finance specialist centres, as well as task requests, as referred to in paragraph 1. 3, and the supervision of their activities.

Article. 40. [Referral of a disabled person for training] 1. Head of the district Labour Office directs the disabled person referred to in art. 38, on training: 1) on its own initiative or on the basis of a decision of the competent authority;

2) indicated by this person, if it is ascertained that this training will gain work and met at least one of the conditions set out in article 1. 38; the cost of this training may not exceed the retry of average earnings.

2. Training costs include, in particular: 1) previously agreed amount which a unit training;

2) the cost of the insurance accident;

3) the cost of accommodation and meals, in part or in whole;

4) fare for the training, including the fare guide or guardian of the person bears to a significant degree of disability;

5) the cost of the services of an interpreter or sign language reader for the blind or people accompanying a person with a disability or bears to a significant degree of disability;

6) the cost of the necessary medical, psychological, diagnostic and rehabilitation services.

3. training takes no longer than 36 months.

4. Training costs are financed from the resources of the Fund.

5. A disabled person that is under the training of his own fault, is obliged to reimburse its costs, unless the reason for training was to take employment.

Article. 41. [training of persons with disabilities by the employer] 1. Training of persons with disabilities may be organized by the employer.

2. At the request of their employer training costs sustained by the employed persons with disabilities can be refunded from the Fund to 70% of these costs, but not more than up to double the average wage for a single person.

3. Reimbursement of the costs referred to in paragraph 1. 2, the Governor under the conditions and in the amount specified in the contract concluded with the employer. Repaid shall not be subject to the costs incurred by the employer prior to the date of signing of the agreement.

4. (repealed).

5. the competent Minister in charge of social security shall determine, by regulation, conditions and make refund training costs, with a view to ensuring the effectiveness of assistance and making the refund in accordance with the conditions of admissibility of the training aid.

Article. 41A. [information about training] 1. Training facility and specialized centres and employers carrying out training shall send the self-government of the half-yearly information about the course of training.

2. The information referred to in paragraph 1. 1 shall be, at his request, to the head of the district labour office, which took the disabled person for training.



Chapter 9 the National Consultative Council for persons with disabilities Art. 42. [the National Consultative Council for the disabled] 1. The National Consultative Council shall be for the disabled persons, hereinafter referred to as "the Council".

2. the Council is an advisory body of the representative which Interop forum, for the benefit of handicapped persons, the Government, local authorities and non-governmental organizations.

3. The scope of activities of the Council: 1) presentation of Delegate: a) proposals of projects aimed at the integration of people with disabilities, b) proposals for solutions in meeting the needs of people with disabilities, resulting from the disability, c) reviews the documents submitted to the Council by the agent, including:-legal acts that have or may have an impact on the situation of people with disabilities, financial plans and reports of the Fund, is a Government of action programmes for the benefit of handicapped persons and their implementation , d) annual information on the activities of the Council;

2) signal to the appropriate authorities for release or change of the provisions relating to the situation of people with disabilities.

Article. 43. [Organization of the Council] 1. The Council consists of: 1) five representatives from the Government, including one representative of the proper Minister of public financies;

2) five representatives of local government units;

3) representatives of non-governmental organisations, including: a) one representative each of employers ' organizations, a representative within the meaning of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240), hereinafter referred to as the "law on the Council of the social dialogue", b) one representative of each federal organization, a representative within the meaning of the law on the Council of the social dialogue,


(c)) other than those mentioned in point (a). (a) and (b) non-governmental organisations in equal to the representatives of these organizations; the provision of paragraph 1. 1a shall apply mutatis mutandis.

1a. Where, in the course of the duration of the term of Office of the Council organization of employers or trade union organization will become an organization representative within the meaning of the law on the Council of the social dialogue, a representative of this organization is part of the Council.

2. The members of the Council appointed by the minister competent for social security at the request of the Representative and, in the case of members referred to in paragraph 1. 1 paragraph 3, at the request of those organizations.

3. the competent Minister in charge of social security may appeal against a member of the Council before the expiry of the term of Office: 1) at his request;

2) at the request of the represented by the body or organization;

3) at the request of the Delegate after consultation with the authority or organisation that is a member of the Council represents.

4. the meetings of the Council shall be convened by its President or by at least 5 members of the Council at least once every quarter and at any time at the request of the delegate.

5. the term of Office of the Council lasts 4 years.

Article. 44. [the participation of an employee in the Council] 1. The expenses related to the operation of the Council are financed from the resources of the Office, the Minister responsible for social security.

2. The employer is obliged to release the employee from work in order to participate in the meetings of the Council. For release time an employee retains the right to remuneration established according to the rules for the calculation of the cash payment for annual leave. Salary costs borne by the employer is reimbursed from the funds of the authority, the Minister responsible for social security.

3. the competent Minister in charge of social security shall determine, by regulation, the manner and mode of operation of the Council, including its organisation, with a view to ensuring the smooth functioning of the Council.

Article. 44a. [Provincial Social Council for persons with disabilities] 1. By marszałkach provinces formed provincial Social Council for disabled persons, hereinafter referred to as the "provincial councils", which is the Advisory consultative bodies.

2. the scope of the provincial councils: 1) inspiring projects aimed at: (a) professional and social) integration of disabled persons, (b)) the exercise of the rights of persons with disabilities;

2) reviewing projects regional action programmes for persons with disabilities;

3) the assessment of the implementation of the programmes;

4) giving opinions on draft resolutions and programmes adopted by the House of their effects on people with disabilities.

Article. 44B. [the District Social Council for persons with disabilities] 1. By starostach a District Social Council for disabled persons, hereinafter referred to as "regional/county councils", which is the Advisory consultative bodies.

2. the scope of District Councils: 1) inspiring projects aimed at: (a) professional and social) integration of disabled persons, (b)) the exercise of the rights of persons with disabilities;

2) reviewing projects of district programmes of measures for persons with disabilities;

3) the assessment of the implementation of the programmes;

4) giving opinions on draft resolutions and programmes adopted by the Council of the County for their effects on people with disabilities.

Article. 44 c [Organization and operation of the provincial and District Councils] 1. The provincial Council is composed of 7 people who are appointed from among the representatives of operating in of non-governmental organizations, foundations, and representatives of the Governor and local government units (counties and municipalities).

2. The District Council shall consist of 5 persons appointed from among the representatives operating in the County's non-governmental organizations, foundations, and representatives of local government units (counties and municipalities).

3. The members of the provincial councils shall appoint and dismiss the Marshal, and members of the District Councils-starosta, from among candidates proposed by the organisations and bodies referred to in paragraphs 1 and 2. 1 and 2.

4. The Council, referred to in paragraph 1. 1 and 2, shall elect a Chairman from among its members.

5. the Member of the Council may be cancelled: 1) on your request;

2) at the request of the organization or authority, which reported his candidacy;

3) at the request of the Marshal or starost, after consulting the organization or authority, which reported his candidacy.

6. the term of Office of the Councils lasts 4 years.

7. the competent Minister in charge of social security shall determine, by regulation, the Organization and mode of operation the provincial and District Councils, including how appointment and dismissal of the members of councils and the frequency of meetings, with a view to ensuring the proper performance of the tasks by the Council.

8. The employer is obliged to release the employee from work in order to participate in the meetings of the Council. For release time an employee retains the right to remuneration established according to the rules for calculating the remuneration for annual leave.

9. At the request of the members of the residing outside the Council can be funded, respectively from the budget of the local Government of the County, the cost of their rides on public transportation, on the principles set out in the regulations on the amount and terms of fixing royalties the rights worker employed at the State or local government budgetary sphere unit for business trips in the area of the country.



Chapter 10 the State Fund for rehabilitation of disabled persons Article. 45. [the State Fund for rehabilitation of disabled persons] 1. The Fund is a public fund it, within the meaning of the provisions of the public finance, subject to paragraph 2. 2A. 2. The Fund has legal personality.

2A. The Fund shall not apply the provisions of article 4. 29. 3 and 4 of the Act of 27 August 2009. public finance.

3. the Fund shall apply the accounting rules set out for the entities referred to in article 1. 2. 1 paragraph 1 of the Act of 29 September 1994 on accounting (OJ of 2009 # 152, item 1223, No 157, item 1241 and # 165, item 1316 and 2010 # 47, poz. 278).

3A. In the handling and settlement of cases by the Fund, in respect of the unregulated in separate regulations, the provisions of the administrative procedure code.

4. Supervision of the Fund is exercised by the competent minister of social security, which at the request of the President of the Board of Directors of the Fund, after obtaining the favourable opinion of the agent, approves the statutes setting out the detailed rules for the organisation and mode of operation of the Fund, including its bodies.

Article. 46. [Income Fund] Income Fund are: 1) the employers ' contributions referred to in article 1. 21(1). 1, art. 23 and article. 31 para. 3, paragraph 1;

2) grants from the State budget and other grants and subventions;

3) dips, and donations;

4) voluntary contributions of employers;

5) interest income loans and free resources provided in the management in accordance with the provisions of the public finance;

6) income from economic activity;

7) the payment referred to in article 1. 12A paragraph 1. 2, art. 26 paragraph. 7, art. 26E paragraph. 6, repayment of loans from the Fund to start a business or agricultural, along with interest rates, and refunds taken by employers from the Fund for the training of people with disabilities, which, for reasons related to the employer will not be employed in accordance with the direction of the training or will be employed for a period of less than 24 months, plus interest, as well as refunds taken by employers from the Fund to cover 60% of the salary of a disabled person before tax income tax and 60% of its mandatory social security contributions from the remuneration, which, for reasons related to the employer will be employed for a period of less than 12 months, together with interest;

8) dividends;

8A) interest from the measures referred to in article 1. 48 para. 1;

9) other contributions.

Article. 46A. [Grants intentional] 1. The Fund receives a grant intentional from the State budget: 1) on the task, referred to in article 2. 26A – up to 30% of the measures planned for the implementation of this task for a given year;

1A) (repealed);

2) on the task, referred to in article 2. 47 paragraph 1. 2 – 50% of the income lost municipalities in respect of the application of the exemptions laid down by law, referred to in article 1. 31 para. 1 point 1.

2. The amount of the grant referred to in paragraph 1. 1 shall be determined and accounted for in accordance with the rules adopted in the State budget.

3. grants, referred to in paragraph 1. 1, are submitted on the terms specified in separate regulations by the proper Minister of public financies, in such a way that full and timely execution of the task.

Article. 47. [Purpose Fund] 1. The Fund, up to 30%, shall be allocated to: 1) implementation of levelling differences between regions, in particular in the units of local government, in which the unemployment rate is higher than 110% of the average of the unemployment rate in the country or have not created the workshop occupational therapy or the establishment of professional activity;

1A) tasks of the professional and social rehabilitation of disabled people carried out by foundations and non-governmental organisations;

2) implementation of programmes supported by the European Union aid funds for persons with disabilities provided to implement in a given year;


3) funding tasks arising from government programs, including targeted on the development of human resources and combating social exclusion of people with disabilities, as well as assistance for families, whose members are persons with disabilities;

4) tasks other than those listed in the Act: a) programs approved by the Board of Directors, for the social and professional rehabilitation, in particular addressed to people with disabilities and to the families whose members are persons with disabilities, b) funding in part or all of the research, studies and analysis on the professional and social rehabilitation, c) training referred to in article 1. 18 of the Act of 19 August 2011 on sign language and other means of communication (Journal of laws No. 209, item 1243).

1a. In order to carry out tasks referred to in paragraph 1. 1, paragraph 2, the Fund may: 1) transfer the institutions implementing the measures for the implementation of projects for the benefit of handicapped persons on the basis of the agreement that may be concluded for a period longer than one year;

2) provide grants, loans and finance interest on credits granted to we on implementation of programmes – in accordance with the contract that specifies in particular the conditions for the use of these forms of aid, with all programs.

2. The Fund shall be allocated also to compensate for the municipalities of revenue lost as a result of the statutory exemptions referred to in article 1. 31 para. 1, point 1, in the amount of income lost.

2A. The municipality shall submit to Fund applications for payment of the equivalent amount of revenue lost in respect of redundancies in the dates: 1) until July 31 of the tax year – showing the predicted annual effects exemptions, resulting from a decision made on civil law transactions in the form of notarial acts and declarations and tax information for a given tax year, as of June 30, the tax year for which the application is made;

2) until 25 March of the year following the tax year – showing the actual annual effects exemptions, resulting from a decision made on civil law transactions in the form of notarial acts and declarations and tax information for a given tax year, as at 31 December of the tax year for which the application is made.

2B. in the case of non-submission of the application referred to in paragraph. 2A paragraph 2, returns to the Fund received the measures shown in the application referred to in paragraph 1. 2A paragraph 1, together with interest calculated from that amount, from the date of its receipt, in the amount specified for tax arrears, within 3 months from the date of expiry of the period to the date of submission of the application referred to in paragraph 1. 2A paragraph 2.

3. (repealed).

4. (repealed).

5. Donation shall be made from the Fund to the person with a disability for the purposes under the Act is not subject to tax on inheritance and donations.

6. (repealed).

7. the competent Minister of social security, in consultation with the competent Minister of public financies, in consultation with the Joint Commission of the Government and local authorities, shall determine, by regulation, detailed rules for the calculation and the special-purpose grants to municipalities transfer mode, referred to in paragraph 1. 2, taking into account the requests of municipalities, containing data about the annual effects of the application of the exemptions referred to in article 1. 31 para. 1 paragraph 1 with a view to compensate for the loss of revenue to municipalities.

Article. 48. [transfer of Fund] 1. The Fund are submitted by the President of the Board of this Fund: 1) the regional authorities and the district to carry out specific tasks or types of tasks, extracted from the bank account, according to the algorithm;

2) entities carrying out tasks commissioned by the Fund or other tasks under the Act, on the basis of agreements concluded with them.

1a. (repealed).

2. the Council of Ministers shall, by regulation, the algorithm, referred to in paragraph 1. 1, as well as the rules for determining maximum amounts per obligations to pay for the year. Algorithm design is subject to assessment by the municipality of the Joint Commission of Government and local government.

3. Algorithm, referred to in paragraph 1. 1, should take into account in particular the number of inhabitants, the number of persons with disabilities and the number of participants in the functioning in the district and the amount of the occupational therapy workshops provided for in the financing plan of the Fund for the year on the implementation of the authorities ' tasks, the amount of liabilities financed from the resources of the Fund in respect of the implementation of the agreements concluded by 31 December of the year preceding the year for which it is calculated height measures.

Article. 48A. [purpose of Fund-prohibitions] 1. The Fund may not be used for the implementation of objectives, targets and expenditure in the part in which they are financed in the framework of the assistance provided from other public funds.

2. The Fund granted to employers carrying out economic activity on the basis of article. 26, art. 26A. 26 d and art. 32 paragraph 1. 1 paragraph 2 represent employment aid workers with disabilities within the meaning of Commission Regulation (EU) No 651/2014 of 17 June 2014, declaring certain categories of aid compatible with the internal market pursuant to art. 107 and 108 of the Treaty (OJ. EU L 187 of 26.06.2014, p. 1).

3. aid from the Fund can be given or paid employer carrying out economic activity: 1) in a difficult economic situation according to the criteria set out in the provisions of European Union law relating to the granting of public aid; [3] 2) which is subject to the obligation to reimburse the aid resulting from the earlier decision of the European Commission, which recognise the aid illegal and incompatible with the common market;

3) if assistance in the form of a monthly grant to pay would result in exceeding the amount of € 10 million annual aid for the employment of disabled workers with the employer.

Article. 49. [Deposit] 1. The payments referred to in article 1. 21(1). 1, art. 23, art. 29. 3A1, 3b, 3 c and 3 g, art. 31 para. 3 (1) (a). a, art. 33 para. 4A, 4a1, 4B, 7 and 7a, and art. 38 paragraph 2. 2 (1) (a). (a) the first indent of the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2012.361, as amended) shall apply mutatis mutandis, subject to the provisions of paragraph 2. 5A-5 d and art. 49A. 49B, provisions of the Act of 29 August 1997 – tax (Dz.u. of 2012.749), hereinafter referred to as "fiscal code", except that the powers of the tax authorities referred to in this law shall have the President of the Board of Directors of the Fund.

2. The employer shall make the payments referred to in paragraph 1. 1, within a time limit to 20 the following month after the month in which the circumstances giving rise to the deposit obligation, making at the same time, the Management Board of the Fund monthly and annual declarations by teletransmisje data in the form of electronic document in accordance with the model established by regulation, by the Minister responsible for social security.

3. for the execution of payments referred to in paragraph 1. 1, the provisions of the enforcement proceedings in administration, that enforcement issues a Chairman of the Board of the Fund.

4. The decision of the President of the Board of Directors of the Fund relating to the payments referred to in paragraph 1. 1, the employer may be appealed to the Minister responsible for social security.

5. (repealed).

5a. The backlog of payments, interest on arrears or prolongacyjna can be redeemed in whole or in part the decision of the Chairman of the Board of Directors of the Fund only in the case of their total trade.

5b. the total referred to in paragraph 1 shall be declared irrecoverable. 5A, occurs when: 1) the debtor has died, leaving no assets or left movable property subject to execution on the basis of separate provisions or left behind everyday objects, whose total value does not exceed the amount which is three times the average wage, and at the same time, there are no successors, and it is not possible to transfer the liability to third parties, within the meaning of the provisions of the tax code;

2) the Court dismissed the application for a declaration of bankruptcy of the debtor or insolvency proceedings dismissed for reasons referred to in article 1. 13 and art. 361 point 1 and 2 of the law of 28 February 2003 – bankruptcy and rehabilitation law (Journal of laws of 2009 # 175, poz. 1361, as amended);

3) there has been a permanent cessation of business, while lack of assets, from which you can enforce claims the spouse, legal successors, the possibility of transferring liability to third parties within the meaning of the provisions of the tax code;

4) there was no satisfaction in the completion of the winding-up proceedings;

5) the amount of the delinquent payment does not exceed five times the amount of the cost of the strike in the enforcement proceedings;

6) there have been no assets from which to lead enforcement;

7) it is clear that enforcement does not get amounts of enforcement expenses.

5 c. the Chairman of the Board of the Fund, by a decision, at the request of the employer, in the case of justified an important interest of the employer or the public interest can: 1) defer the payment term or spread their payment on installments, 2) postpone the term of payment with deposit, interest for late payment or spread their payment on installments


-having regard to the possibility of paying the employer and the State finance fund.

5 d. in the case of a decision as referred to in paragraph 2. 5 c, prolongacyjna will be charged, on the principles set out in the tax code.

6. the competent Minister of social security, in consultation with the competent Minister for communications, it may, by regulation, specify the form of payment of cash and credit transfer, with a view to identifying the contributor and the title commitment.

Article. 49A. [trade receivables deposits] 1. Chairman of the Board of the Fund has the right to bring an application for a land register for the real estate of the debtor's arrears fee payments referred to in article 1. 49 paragraphs 1 and 2. 1.2. Issued by the Chairman of the Management Board of the Fund documents stating the existence of trade receivables deposits referred to in article 1. 49 paragraphs 1 and 2. 1, and their height are the basis for the entry of a mortgage in the land register real estate which is the property of the principal. If the property does not have a land register, security is made by submitting these documents to the collection of documents.

3. Trade receivables deposits referred to in article 1. 49 paragraphs 1 and 2. 1, are secured by mortgages forced on all immovable property of the debtor. The basis for the establishment of a mortgage is delivered the decision that specifies the height of trade receivables deposits referred to in article 1. 49 paragraphs 1 and 2. 1.4. To a mortgage referred to in paragraph 1. 3, shall apply mutatis mutandis the provisions of the tax code on a mortgage.

Article. 49B. [Protection of statutory deposit law of lien on separate satisfaction and marketable debtor] 1. Trade receivables deposits referred to in article 1. 49 paragraphs 1 and 2. 1, are secured by a statutory lien law to separate satisfaction and transferable rights of the debtor.

2. The lien referred to in paragraph 1. 1, shall apply mutatis mutandis the provisions of the tax code for tax liens.

3. the Deposit referred to in paragraph 1. 1, shall be entered in the register of pledges the Government carried out on the basis of article. 43 of the tax code.

4. Extract from the register of pledges, as referred to in article. 46 section 1 of the tax code, is issued at the request of the President of the Board of Directors of the Fund free of charge.

Article. 49 c. [using] the Fund is entitled to free use of the data collected: 1) in the central register of Entities-the national records of taxpayers;

2) in national register official entities of the national economy (REGON) led by the President of the Central Statistical Office;

3) by social insurance;

4) in Central RCIPESEL.

Article. 49 d. [the half-yearly information about employers exempt from contributions to the Fund or liable for these contributions] 1. Chairman of the Board of the Fund shall consist of Representative half-yearly information about employers exempt from contributions to the Fund or liable for those payments, within the time limits: 1) 15 August-for the first half of;

2) until 15 February-for the second half of the previous year.

2. The Chairman of the Management Board of the Fund is obliged to provide, at the request of the Representative of employers obowiązanych to submit information referred to in article 1. 21(1). 2F, or of the Declaration referred to in article 1. 49 paragraphs 1 and 2. 2 to the extent and date indicated in the proposal. This time limit may not be less than 30 days from the date of delivery of the request.

3. the competent Minister in charge of social security shall determine, by regulation, the information referred to in paragraph 1. 1, and their transfer, with a view to ensuring the proper flow of information.

Article. 49E. [refund Fund] 1. The Fund shall be reimbursed in the amount used in accordance with the intended purpose, an excessive amount of downloaded or established as a result of controls of irregularities referred to by way of a decision ordering the return of paid, together with interest calculated from that amount, from the date of its receipt, in the amount specified for tax arrears.

2. reimbursement referred to in paragraph 1. 1, shall be made within 3 months from the date of receipt of the request for payment or the disclosure of the circumstances causing the repayment obligation.

3. If the Fund were paid in the amount lower than the amount due, the amount of the difference between the amount owed and the amount paid, shall be paid, plus interest in the amount specified for tax arrears within a period of 3 months from the date of submission of the request the payment of that amount or disclosure of the circumstances causing the obligation to her.

4. The percentage does not charge in the case when an instance of the circumstances causing the repayment obligation or payment was independent of the principal to pay.

Article. 49f. [Remission, the distribution of HP or postpone payment of cash] 1. [4] at the request of the debtor, or the parties to a contract whose subject includes an expenditure from the Fund, authorities and bodies called upon to conclude such contracts can: 1) terminate part or all of the cash duties having the character of is civil, by a decision, subject to the provisions of paragraph 2. 2 and 3, or 2) spread out on the installment payment of these duties or postpone the deadline for payment, by agreement, in the case of justified an important interest of the debtor, the public interest, respects, economic or social grounds, or other causes of noteworthy churches included to take into account, in particular in the event of total trade within the meaning of article 3. 49 paragraphs 1 and 2. 5b. 2. [5] in the case of debt relief debts arising from the contracts referred to in paragraph 1. 1, for which the conclusion was called the Fund a decision on the remission seems to Chairman of the Board of the Fund.

3. in the case of debt relief debts arising from the contracts referred to in paragraph 1. 1, for which the conclusion was appointed manager of the district labour office, or head of the organizational unit of the County, a decision on the remission, it seems the Governor.

3A. the provisions of paragraphs 1 and 2. 1 and 2 shall apply mutatis mutandis to: 1) Receivables Cash about a refund granted to a person with a disability to performing economic activity or a disabled farmer or farmer principal to pay contributions for a disabled household member on the basis of article. 25A;

2) percentage from unduly amounts collected pursuant to article 3. 26A. 4. The provisions of article 4. 67B. 67d § 1 and 2 of the tax code shall apply mutatis mutandis.

Article. 50. [Organ Fund] 1. The bodies of the Fund are the Supervisory Board and the Management Board.

2. The Supervisory Board shall consist of: 1) Chairman of the Board, which is a delegate;

1A) representative of the proper Minister of public financies;

2) representatives of non-governmental organisations, including: a) one representative each of employers ' organizations, a representative within the meaning of the law on the Council of the social dialogue, b) one representative of each federal organization, a representative within the meaning of the law on the Council of the social dialogue, c) two representatives other than those referred to in (a). (a) and (b) non-governmental organizations.

2A. Where, in the course of the duration of the term of Office of the Council organization of employers or trade union organization will become an organization representative within the meaning of the law on the Council of the social dialogue, a representative of this organization is part of the Council.

3. The members of the Supervisory Board appointed at the request of the Representative and, in the case of the representatives referred to in paragraph 1. 2, paragraph 2, at the request of the authorized organization, the competent minister of social security.

4. the competent Minister in charge of social security may appeal against a member of the Supervisory Board before the expiry of the term of Office: 1) at his request;

2) at the request of the represented entity;

3) at the request of the Representative, reviewed by the represented entity.

5. the term of Office of the Supervisory Board takes 2 years.

6. The tasks of the Supervisory Board shall in particular: 1) approve plans of activities and project financial plan of the Fund;

2) reviewing selection criteria of projects financed from the resources of the Fund, in accordance with the directional policies of employment, professional and social rehabilitation of disabled people, set out by the representative;

3) approval of applications the Board in matters of borrowing by the Fund;

4) (repealed);

5) reviewing applications for appointment and removal each of the Deputy Chairman of the Management Board;

6) control and evaluation of the activities of the Board;

7) approval of the annual accounts of the Fund;

8) submission of the Minister competent for social security, not later than March 20 each year, reports on the activities of the Fund.

7. Support of the Supervisory Board shall exercise the Office of the Fund.

8. the competent Minister in charge of social security shall determine, by regulation, detailed rules and mode of appointment and dismissal of the members of the Supervisory Board, as well as detailed rules for the operation of the supervisory and training of its members and the amount of their remuneration for participation in the meetings of the Council.

Article. 51. [the Executive Board of the Fund] 1. In the composition of the Management Board of the Fund consists of the Chairman of the Management Board of the Fund, hereinafter referred to as "President", and two of his deputies. The President appoints the Prime Minister, out of people selected through an open and competitive recruitment, at the request of the Minister responsible for social security. President of the Council of Ministers revokes President.

1a. (repealed).


2. the Vice-presidents, at the request of the President reviewed by the Supervisory Board, appointed by the minister competent for social security, out of people selected through an open and competitive recruitment. The competent Minister in charge of social security references Vice-Presidents, at the request of the President reviewed by the Supervisory Board.

3. The Management Board shall, in particular: 1) project development plans the activities of the Fund and project financial plan;

2) making a choice of projects for funding from the Fund;

3) management of Fund resources;

4) develop detailed rules for financing the implementation of the tasks referred to in this Act;

5) decision on postponing the deadline for repayments and debt relief loans;

6) exercising control over the use of the resources of the Fund provided for the implementation of the tasks referred to by law;

7) (repealed);

8) (repealed);

9) cooperation with non-governmental organisations;

10) submission to the Supervisory Board reports on the activities of the Fund.

3A. the Executive Board of the Fund shall seek agreement of the competent Minister for regional development plans of the operations of the Fund and project financial plan referred to in paragraph 1. 3, paragraph 1, as specified in the Act of May 12, 2000 on the principles of promoting regional development [6] (Journal of laws No. 48, item. 550, as amended).

3B. the tasks of the Management Board referred to in paragraph 1. 3 paragraph 2 and 4, do not apply to the measures referred to in article 1. 48 para. 1 point 1.

3 c the Board of the Fund may request the immediate return of all or part of the funds to the Fund or suspend payment of further amounts, if, within the financial year, as a result of the checks referred to in paragraph 1. 3 paragraph 6, finds irregularities involving the use of the transferred funds from the Fund in accordance with their intended purpose.

3D. To assess the regularity of the use of the resources of the Fund shall apply the provisions of the public finance.

3E. the Executive Board of the Fund may make the allocation of resources whether or not sent or returned, referred to in paragraph 1. 3 c, after a favourable opinion of the Supervisory Board of the Fund and the Minister responsible for social security.

3F. the competent Minister in charge of social security shall determine, by regulation, and the principle of the exercise of control by the Fund, referred to in paragraph 1. 3 point 6.

4. the Management Board provides the Board of Directors, at its request, documents and materials on the activities of the Fund.

5. Support for the Board of Directors shall exercise the Office of the Fund.

Article. 51A. [President] 1. The Office of the President can deal with a person who: 1) has a master's degree in or equivalent;

2) is a citizen of Polish;

3) enjoys the full rights;

4) not been convicted by a final judgment for an intentional crime or tax intentional crime;

5) has the powers of leadership;

6) has at least 6-year length of service, including at least 3 years work experience in a managerial position;

7) has the education and knowledge of cases belonging to the property Fund.

2. Information about the vacancy on the Office of the President shall be by placing ads in a place commonly available at the seat of the Fund and in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information (Journal of laws No. 112, item 1198, as amended), and the Bulletin of public information the Chancellery. The advertisement should contain: 1) the name and address of the Fund;

2) specifying the position;

3) requirements associated with the position arising from law;

4) the scope of the tasks that you perform on the job;

5) an indication of the required documents;

6) date and place for the submission of documents;

7) information on the methods and techniques of recruitment.

3. the period referred to in paragraph 1. 2, paragraph 6, shall be not less than 10 days from the date of publication of the notice in the Bulletin of public information the Chancellery.

4. Recruitment for the Office of the President shall be carried out, the team, appointed by the Minister responsible for social security, with at least 3 people whose expertise and experience give a guarantee to identify the best candidates. In the course of recruitment shall be assessed the candidate's professional experience, the knowledge necessary for the exercise of the tasks of the position, which is carried out recruitment and competence management.

5. assessment of the knowledge and competence management, referred to in paragraph 1. 4, may be made on behalf of the team by a person other than a member of a team that has qualified to make this assessment.

6. a member of the team and the person referred to in paragraph 1. 5, are required to maintain the confidentiality of information about applicants for the position, obtained during the recruitment.

7. In the course of the recruitment team emerges not more than 3 candidates, which the Minister competent for social security.

8. The study recruitment team draws up a protocol containing: 1) the name and address of the Fund;

2) specifying the position, to which was recruitment, and the number of candidates;

3) names, the names and addresses of not more than 3 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

4) about the applied methods and techniques of recruitment;

5) justification for selection or the reasons for the niewyłonienia candidate;

6) the composition of the team.

9. The result of recruitment shall be immediately by placing information in the public information referred to in paragraph 1. 2. information about the outcome of the selection contains: 1) the name and address of the Fund;

2) specifying the position, to which was recruitment;

3) first names, last names of selected candidates and their place of residence within the meaning of the provisions of the civil code or about niewyłonieniu.

10. placing in the Bulletin of public information Chancellery of vacancies and the outcome of this selection is free of charge.

11. The team carrying out recruitment for the posts of Vice-Presidents appointed by the President.

12. To conduct the recruitment for the post of Deputy President shall apply mutatis mutandis to paragraph 1. 1-10.

Article. 52. [Branches of the Fund] 1. The Board of the Fund may create and put up with branches of the Fund and specifies the range and the area of their activity.

2. the Director of the branch shall appoint and dismiss the Chairman of the Board.

Article. 53. [Ceo] 1. Chairman of the Board represents the Fund on the outside.

2. the President may appoint agents of the Board, in determining the boundaries of their attachment.

3. For claims in respect of property rights and obligations of the Fund shall be authorized: 1) the President or any of his deputies alone;

2) two agents working together.

4. the President performs for employer actions in matters of labour law in relation to the staff of the Fund.

Article. 53A. [the recruitment of candidates for employment in the Office of the Fund] 1. Recruitment of candidates for employment vacancies in the Office of the Fund is open and competitive.

2. the vacancy notice shall be included in the Bulletin of public information referred to in the Act of 6 September 2001 on access to public information, and in a place commonly available in the organizational unit, which is recruitment.

Article. 53B. [information about the candidates] information about candidates who made themselves known to the recruitment, are public information within the scope of the requirements set out in the notice of vacancy.

Article. 53 c. [time limit for submission of documents] deadline for the submission of documents referred to in the notice of vacancy, shall be not less than 14 days from the date of publication of this notice in the Bulletin of public information.

Article. 53D. [dissemination of the list of candidates] 1. After the expiry of the deadline for submission of documents specified in the notice of vacancy shall circulate a list of candidates who fulfil the formal requirements referred to in the notice of vacancy, by placing her in a place commonly available in the organizational unit in which it is carried out the recruitment, as well as by the publication of its public information bulletin.

2. the list referred to in paragraph 1. 1, contains the name of the candidate and his place of residence within the meaning of the provisions of the civil code.

Article. 53E. [Protocol of the recruitment of candidates for employment in the Fund] 1. Shall be drawn up which was carried out the recruitment of candidates for employment vacancies in the Fund.

2. the Protocol shall contain in particular: 1) the term workplace, which was recruitment, the number of candidates and the names, surnames and addresses of not more than 5 best candidates ranked according to the level of compliance with the requirements set out in the notice of vacancy;

2) information of the methods and techniques of recruitment;

3) justification for selection.

Article. 53f. [dissemination of information about the outcome of the recruitment] 1. Information about the outcome of the recruitment to circulate within 14 days from the date of employment of the selected candidate or the completion of recruitment, where, as a result there was no employment of any candidate.

2. The information referred to in paragraph 1. 1, includes: 1) the name and address of the Office;

2) the term workplace;

3) name and surname of the candidate and his place of residence within the meaning of the provisions of the civil code;

4) justification for selection of the candidate or the justification of unemployment of any candidate.


3. information about the outcome of the recruitment disseminates public information bulletin and in place of the commonly available in the organizational unit in which he was driven recruitment.

Article. 53 g. [the employment of another person] if the employment relationship of the person who by means of recruitment had stopped within 3 months from the date of establishing the employment relationship can be employ the same as another person out of the best candidates listed in the Protocol of this recruitment. The provisions of article 4. 53f shall apply mutatis mutandis.

Article. 54. [Purpose Fund] from the resources of the Fund are: 1) the costs of its activities;

2) (repealed);

3) maintenance costs, tasks performed by the district authorities and provincial in the amount actually suffered, not more than 2.5% of the funds used for the implementation of the tasks referred to in article 1. 48 para. 1 point 1.

Article. 55. (repealed).

Article. 56. [information on the operations of the Fund] the competent Minister in charge of social security consists of the Council of Ministers every year about the activities of the Fund.



Section 10a Responsibility for offences against the provisions of the Act Art. 56A. [failure to submit information] Who does not fulfill the obligations for the submission of the information referred to in article 1. 21(1). 2F, or of the Declaration referred to in article 1. 49 paragraphs 1 and 2. 2, shall be fined up to 500 dollars.



Article. 56B. [to frustrate or impede the inspection and reporting false data] Who: 1) thwarts or impedes the inspection, 2) reports false information or provides false explanations or denied their grant-is punishable by a fine up to 5000 dollars.



Article. 56 c [application of the code of conduct in cases of offences] 1. To rule in cases of acts referred to in article 1. 56A. 56B, follows in the provisions of the Act of August 24, 2001 – the code of conduct in cases of offences (OJ 2008 # 133, poz. 848, as amended).

2. Ordered and enforced penalty fines referred to in article 1. 56A. 56B, the courts shall transmit directly to the account of the Fund.



Chapter 11 Changes in the legislation in force, transitional and final provisions Article. 57. (omitted).

Article. 58. (omitted).

Article. 59. (omitted).

Article. 60. (omitted).

Article. 61. (omitted).

Article. 62. [Credit to a group of disabled people and disability] 1. People that before the date of entry into force of the Act have been included in one of the groups of disabled persons, are persons with disabilities within the meaning of the Act, if, before that date, the decision pass to one of the groups invalids not lost power.

2. The decision on passing to: 1) and a group of disabled people is treated on a par with the severity of the disability;

2) Group II disabled persons is treated on a par with moderate disabilities;

3) III group invalids is treated on a par with a slight disability.

3. Persons with permanent or long-term incapacity for work on the farm is considered a disability, except that: 1), the allowance shall be treated as included in a significant degree of disability;

2) the other person shall be treated as classified as a light degree of disability.

Article. 63. [the right to benefits or relief] persons with disabilities referred to in the article. 62, that before the date of entry into force of the Act have acquired the right to benefits or allowances on the basis of separate regulations, retain the existing permissions.

Article. 64. (repealed).

Article. 65. (repealed).

Article. 66. [application of the administrative procedure code, the civil code and the labour code] in matters not provided for in the provisions of the Act apply to the administrative procedure code, the civil code and the labour code.

Article. 67. [transitional provision] cases that were initiated, and the uncommitted before the date of entry into force of the Act, shall be resolved according to the provisions of this Act.

Article. 68. (omitted).

Article. 68A. (omitted).

Article. 68B. (omitted).

Article. 68c. [Maximum co-financing from the Fund] 1. The maximum grant from the Fund the costs: 1) activity, including resulting from the increased number of participants in the workshop of occupational therapy, is: a) in 2007, 95% of those costs, (b)) in 2008 and in the following years-90% of these costs.

(c)) (repealed);

2) creating occupational therapy workshop is in 2005 and the following years-70% of these costs.

2. the maximum financial support from the Fund: 1) the operation of the plant activity is: a) in 2007, 95% of those costs, (b)) in 2008 and in the following years-90% of these costs;

2) the establishment of the plant activity is: a) in 2007, 85% of those costs, (b)) in 2008, 75% of these costs, c) in 2009 and the following years-65% of these costs.

Article. 68d. [special-purpose Grant from the State budget for the year 2008] in 2008. the Fund receives a special grant from the State budget for the implementation of the tasks referred to in article 2. 26A, of up to 25% of the measures to ensure its implementation.

Article. 68e. [special-purpose Grant from the State budget for 2009] in 2009, the Fund receives a special grant from the State budget for the implementation of the tasks referred to in article 2. 26A, at a rate of not less than 30% of the measures planned for the implementation of this task for this year.

Article. 68f. [special-purpose Grant from the State budget for the year 2010] in 2010. the Fund receives a special grant from the State budget for the implementation of the tasks referred to in article 2. 26A, up to 30% of the measures planned for the implementation of this task for this year.

Article. 68fa. [special-purpose Grant from the State budget for the year 2011] in 2011, the Fund receives a special grant from the State budget for the implementation of the tasks referred to in article 2. 26A, up to 30% of the measures planned for the implementation of this task for this year.

Article. 30 ml. [amount of subsidy for the employer for the year 2010] in 2010:1) the employer's zatrudniającemu in terms of full working time less than 25 employees and employers zatrudniającemu at least 25 employees in terms of full time work and osiągającemu the employment rate for people with disabilities at the rate of at least 6% are entitled to monthly financial support in the amount of: (a)) 70% of the amounts referred to in article 1. 26A ust. 1, b) 90% of the amounts referred to in article 1. 26A ust. 1 and 1b;

2) employers to the operator of sheltered employment are entitled to 100% of the amounts of the grant referred to in article 1. 26A ust. 1 and 1b.

Article. 68ga. [amount of subsidy for the employer for the year 2011] in 2011:1) the employer's zatrudniającemu in terms of full working time less than 25 employees and employers zatrudniającemu at least 25 employees in terms of full time work and osiągającemu the employment rate for people with disabilities at the rate of at least 6% are entitled to monthly financial support in the amount of: (a)) 70% of the amounts referred to in article 1. 26A ust. 1, b) 90% of the amounts referred to in article 1. 26A ust. 1 and 1b;

2) employers to the operator of sheltered employment are entitled to 100% of the amounts of the grant referred to in article 1. 26A ust. 1 and 1b.

Article. 68gb. [amount of subsidy for the employer for the year 2013] in 2013:1) the employer's zatrudniającemu in terms of full working time less than 25 employees and employers zatrudniającemu at least 25 employees in terms of full time work and osiągającemu the employment rate for people with disabilities at the rate of at least 6% are entitled to monthly financial support in the amount of: (a)) 70% of the amounts referred to in article 1. 26A ust. 1, b) 90% of the amounts referred to in article 1. 26A ust. 1 and 1b;

2) employers to the operator of sheltered employment are entitled to 100% of the amounts of the grant referred to in article 1. 26A ust. 1 and 1b.



Article. 68gc. [Monthly financial support to disabled worker] for the periods from January 2014 to March 2014, monthly financial support to disabled worker referred to in article 1. 26A, shall be in the amount and on the terms of the laws in force in the year 2013.

Article. 69. [the provisions repealed] is repealed the Act of 9 May 1991 on employment and vocational rehabilitation of disabled persons (Journal of laws No. 46, item 201, no. 80, item 350 and No. 110, item 472, 1992, no. 21, item 85, 1993 # 11, POS. 50 and # 28, item 127, 1995, no. 1, item 1, no. 5 , item. 25 and No. 120, item. 577 and from 1996, # 100, item. 461), except that: 1) art. 4 shall apply until 31 December 1998;

2) art. 19 shall apply until 30 June 1998.

Article. 70. [entry into force] this Act shall enter into force on January 1, 1998, except that: 1) art. 6 paragraph 1. 7 shall enter into force on the date of the notice with effect from September 1, 1997;

2) art. 21 shall enter into force on 1 January 1999;

3) art. 31 para. 1 point 2 and article. 59 come into force on the date of the notice.



 

1) this Act shall be made in its regulation of the implementation of Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ. EC-L 303 of 02.12.2000).

The data relating to the Declaration of the European Union, provided in this law-on the day of the Republic of Poland in the European Union membership-applies to the notice of those acts in the official journal of the European Union-Special Edition.


[1] Article. 6 d of paragraph 1. 4A, paragraph 4 added by art. 37 of the Act of 11 February 2016. State aid in child rearing (OJ No. 195). Revision came into force April 1, 2016.

[2] on the basis of the judgment of the Constitutional Court of 21 March 2006 (OJ l. # 49, item. 359) art. 1, paragraph 5 (b). (b)) in connection with the article. 4 of the law of 19 December 2003 amending the Act on professional and social rehabilitation and employment of persons with disabilities and the law – introductory provisions the Act on public benefit activities and volunteering (OJ No 228, item. 2262) amending art. 26A ust. 1A, in so far as it deprives employers of disabled persons who have reached retirement age, funding to the remuneration of these persons during the period necessary for the effective termination of those contracts, is incompatible with article 2. 2 the Constitution of POLAND.

[3] these criteria are specified in paragraphs 9 to 11 of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ. C 244 of 01.10.2004, p. 2).

[4] on the basis of article. 2 of the Act of 6 February 2015, amending the law on professional and social rehabilitation and employment of people with disabilities (OJ, item 493), art. 49f paragraph. 1 applies to monetary claims for the return of the appropriations on the basis of: 1) art. 25 paragraph 2. 3B in the version in force until 31 December 2007;

2) art. 25A, paragraph 1. 5 in the version in force in 2008.

[5] on the basis of article. 2 of the Act of 6 February 2015, amending the law on professional and social rehabilitation and employment of people with disabilities (OJ, item 493), art. 49f paragraph. 2 applies to monetary claims for the return of the appropriations on the basis of: 1) art. 25 paragraph 2. 3B in the version in force until 31 December 2007;

2) art. 25A, paragraph 1. 5 in the version in force in 2008.

[6] the law has lost the power of 8 June 2004 on the basis of article. 70 of the Act of 20 April 2004 on the national development plan (OJ # 116, poz. 1206).

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