Regulation Of The Minister Of Labour And Social Policy Dated 7 December 2011 On The Lists Of Applications And Payments From The Fund Of Guaranteed Employee Benefits

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 7 grudnia 2011 r. w sprawie wykazów, wniosków i wypłat świadczeń z Funduszu Gwarantowanych Świadczeń Pracowniczych

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On the basis of article. 22 of the Act of 13 July 2006 on the protection of workers ' claims in the event of the insolvency of their employer (OJ No 158, item 1121, as amended. 2)) are managed as follows: § 1. The regulation defines: 1) designs catalogs and proposals referred to in article 1. 15 paragraph 1. 1 and 2, article. 16 paragraph. 1 and art. 17 paragraph 1. 2 of the Act of 13 July 2006 on the protection of workers ' claims in the event of the insolvency of their employer, hereinafter referred to as "the Act";

2) mode: a) the submission of the lists and proposals referred to in article 1. 15 paragraph 1. 1 and 2, article. 16 paragraph. 1 and art. 17 paragraph 1. 2 of the Act, (b)) transfers of funds employee benefits Guaranteed Fund, hereinafter referred to as "the Fund", c) making payments from the Fund.

§ 2. Shall determine the patterns: 1) cumulative list of outstanding pay claims referred to in article 2. 15 paragraph 1. 1 of the Act, hereinafter referred to as ' list ', 2) supplementary list referred to in article 2. 15 paragraph 1. 2 of Act 3) request made by a person referred to in art. 16 paragraph. 1 and art. 17 paragraph 1. 2 Act, hereinafter referred to as "the application of the individual"-annexed # 1-3 to the regulation.

§ 3. 1. the list shall be prepared in writing by the employer, trustee, liquidator or any other person exercising the employer's asset management, referred to in article 1. 15 paragraph 1. 1 of the Act, hereinafter referred to as the "entity made up", and is folded in three identical copies to the Marshal of the competent for the seat of the insolvent employer.

2. The list shall be accompanied by: 1) a copy of the current copy of the register of entrepreneurs in the national court register or a copy of your current certificate of registration in the register of economic activities, or information from the central registration and information on economic activities, hereinafter referred to as the "COMPANY REGISTRATION CERTIFICATE, or a copy of your current certificate of registration in the register of representative offices of foreign entrepreneurs maintained by the Minister responsible for the economy;

2) a certified copy of the certificate to grant identification number (REGON) that contains the current data of the employer and tax identification number NIP or a certified copy of the current receipt tax identification number NIP, so far have been granted;

3) current certificate institution where is Bank account for entity comprising a list, with the number of the account;

4) a certified copy of the court order stating one of the conditions of the insolvency of their employer, referred to in article 1. 3 paragraphs 1 and 2. 1 or article. 6 paragraph 1. 1, paragraph 3, or article. 8 paragraph 1. 1 paragraphs 1 and 3 of the Act, or certified copies of documents confirming the existence of one of the conditions of the insolvency of their employer, referred to in article 1. 8 paragraph 1. 1 point 2 and 4-6 of the Act;

5) a certified copy of the document setting out the day of the occurrence of the insolvency of their employer, referred to in article 1. 3 paragraphs 1 and 2. 2 or article. 6 paragraph 1. 2, or article. 8 paragraph 1. 2 of the Act;

6) statement of those submitting the check-in desk at redundant workers's entitlement, referred to in article 1. 8 of the Act of 13 March 2003 on the specific principles of resolving labor relations with employees for reasons of non-employees (Journal of laws No. 90, item 844, as amended. 3)), and the amount thereof;

7) statement of those submitting stating: (a)) that the employees included in the list, which proposed to satisfy the Fund benefits have accrued social security contributions, in the year in which the payment of benefits is made, did not achieve the amount of restrictions of the annual calculation basis of contributions to the pension scheme for the calendar year referred to in article 1. 19 of the Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205, poz. 1585, as amended. 4)), b) in the case of when employees referred to in point (a). and, they have achieved this year, the amount of the annual contribution base restrictions that accrued contributions to the pension scheme, as shown in the list, include contributions to a limited, indicated in a statement, or that do not include contributions to the pension scheme;

8) statement of those submitting it at the prevailing interest rate of contributions to accident insurance in respect of accidents at work and occupational diseases, determined in accordance with the law of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws of 2009 No. 167, item 1322, as amended. 5));

9) certified copies of certificates of work of persons to whom the employment relationship has been resolved.

§ 4. 1. for the supplementary lists shall apply mutatis mutandis provision in § 3.

2. in the case where the applicant has not submitted the list, to fold the first supplementary list shall be accompanied by the documents referred to in § 3. 2, points 1 to 6 and 9.

3. in the case where the applicant has submitted a list of or consists of another list, does not include the attachment to it, with the exception of the claims referred to in § 3. 2, paragraph 6, and the documents referred to in § 3. 2 point 9.

§ 5. 1. Marshal of the forward two copies of the approved list of the applicant entity, and then passes the financial resources referred to in article 1. 15 paragraph 1. 4 of the Act, to a bank account referred to in § 3. 2, paragraph 3.

2. the applicant shall, as soon as you receive the accepted list and financial resources, but not later than within 7 days from the date of their receipt, pays benefits to persons qualified, based on the list accepted by the Marshal.

3. the applicant no later than within 30 days from the date of receipt of the funds: 1) passes to the bank account from which it has received, the difference between the amount received and the amount paid to the persons entitled;

2) returns was of one copy of the list that contains the confirmation of the hand signature of receipt of benefits by authorised persons or copies of the receipts of payment of benefits postal order or bank transfer;

3) passes to the Marshal of the authenticated copies of the vouchers pay advances on income tax from natural persons, contributions for health insurance and social insurance and the transfer of maintenance duties.

4. the provisions of paragraphs 1 and 2. 1-3 shall apply in the case of lists.

§ 6. 1. Request an individual shall be submitted in writing to the competent province was due to a resident of the insolvent employer in duplicate.

2. the application shall be accompanied by an individual: 1) where the applicant is a person who is an employee, former employee, a person employed or the person who was employed on a different basis than the employment relationship referred to in art. 10 the Act-a declaration by the applicant that in the period for which they were unsatisfied employee claims covered by the proposal, this person was not the spouse of the employer, as well as his child, a child of the other spouse or a child of the adopted child, parent, stepmother or stepfather did the person przysposabiającą, as well as siblings, grandchild, grandparent, son-in-law or daughter-in-law, my sister-in-law, sister-in-law or brother-in-law and person gainfully in the household, referred to in article 1. 10 of the Act;

2) where the applicant is entitled to a survivor's pension a member of the family of the deceased employee, the deceased former employee, a dead person who was employed on a different basis than the employment relationship referred to in art. 10 of the Act, a declaration by the applicant that the died person was the spouse of the employer, as well as his child, a child of the other spouse or a child of the adopted child, parent, stepmother or stepfather did the person przysposabiającą, as well as siblings, grandchild, grandparent, son-in-law or daughter-in-law, my sister-in-law, sister-in-law or brother-in-law and person gainfully in the household, referred to in article 1. 10 of the Act;

3) evidence of entitlement to the use by the applicant of the benefits referred to in the Act.

3. In the case referred to in paragraph 1. 2, paragraph 2, to the conclusion of an individual shall be accompanied by supporting documents also death of a person referred to in paragraph 1. 2, paragraph 1, and the applicant's entitlement to a survivor's pension.

§ 7. Marshal, to which application has been made to the individual, the entity referred to in art. 15 paragraph 1. 1 of the Act, or to an authorized person within the meaning of the freedom of economic activity, to represent foreign entrepreneurs in the branch office or subsidiary, or person representing a credit institution or a foreign insurance undertaking, referred to in the application, with the request for a transfer within 7 days: 1) documents relating to the entity referred to in § 3. 2, points 1 and 2;

2) documents relating to the date and circumstances of the occurrence of the insolvency of their employer, referred to in § 3. 2, paragraphs 4 and 5;

3) representations concerning the employee or former employee referred to in § 3. 2 paragraph 6 and 7;

4) the document referred to in § 3. 2 paragraph 9;


5) claims with a total amount of outstanding pay claims an employee, former employee, employed person or a person who was employed on a different basis than the employment relationship referred to in art. 10 of the Act, the proposal, detailing the amounts, titles and pay periods of these claims to the person entitled to them;

6) information concerning deductions of maintenance duties of the person referred to in § 6 para. 2, paragraph 1, carried out under the conditions laid down in the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended. 6)).

§ 8. 1. the Marshal shall notify the person and the entity or an authorized person referred to in § 7, of the date and the amount approved for payments from the Fund benefits, payment of benefits from the Fund to the person entitled to benefits: by bank transfer to the bank account indicated by the person authorized or postal.

2. where the beneficial owner is an applicant referred to in § 6 paragraph 1. 2, paragraph 1, Marshal of the deposit shall be made social insurance contributions, health insurance and advances on income tax from natural persons and shall make deductions and passes a maintenance allowance.

3. where the beneficial owner is an applicant referred to in § 6 paragraph 1. 2 paragraph 2, Marshal shall deposit advances on income tax from natural persons.

§ 9. 1. in the case when the Marshal finds that during the period between the date of the list or the list of supplementary and transfer funds to a bank account referred to in § 3. 2, paragraph 3, and transfer the approved list or list of endorsement to the company requesting country there has been a change in the amount of the average monthly wage referred to in art. 14 paragraph 1. 1 of the Act, Marshal shall immediately inform the agent about the need to reinstate the list or the list of additional own funds, referred to in § 3. 1, which shall take into account the actual amount of this remuneration.

2. In the case of an application of an individual Marshal of commits to pay benefits, having regard to the amount of the average monthly wage in force on the date the payment referred to in § 8 paragraph 1. 1. § 10. Agent or authorized person referred to in section 7, and the person authorized shall notify the Marshal of any change in the circumstances affecting the entitlement to benefits from the resources of the Fund.

§ 11. The regulation shall enter into force on 1 January 2012.7) the Minister of labour and social policy: Kosiniak-Kamysz 1) Minister of labour and social policy directs Government Administration Department – work under § 1 para. 2 paragraph 1 of the regulation President of the Council of Ministers of 18 November 2011 on the detailed scope of the Minister of labour and social policy (OJ No 248, poz. 1485).

2) amendments referred to the Act were announced in the journal of laws 2008 No. 237. 1654, from 2009. # 6, item. 33, no. 125, item. 1035 and No 157, item. 1241, 2010 # 18, item. 100 and # 257, item. 1726 and 2011 No. 112, item. 654 and # 197. 1170.3) a change in the said Act were announced in the journal of laws of 2003 No. 213. 2081 and No. 223, item. 2217, 2004, no. 96, item. 959, 2005 No. 62, item. 551, 2006 No. 79, item. 550 & # 149. 1077 and from 2008, # 86, item. 525 & # 237. 1654.4) amendments to the consolidated text of the said law were published in OJ of 2009 # 218, item. 1690, 2010 No. 105, item. 668, # 182, item. 1228, # 225, item. 1474, # 254. 1700 & # 257, item. 1725 and 2011 No. 45, item. 235, no. 75, item. 398, no. 138, item. 808, # 171, poz. 1016, # 197, item. 1170, # 199, item. 1175 and # 232, poz. 1378.5) amendments to the consolidated text of the said Act were announced in the journal of laws of 2010 # 257, item. 1725 and 2011 No. 45, item. 235, no. 122, item. 696 and # 138, item. 808.6) amendments to the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and # 113, item. 717, with 1999 No. 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and No. 120, item. 1268, 2001 # 11. 84, no. 28, item. 301, no. 52, item. 538, No 99, item. 1075, no. 111, item. 1194, # 123, poz. 1354, no. 128, item. 1405 and # 154, poz. 1805, 2002 No. 74, item. 676, No 135, item. 1146, # 196, poz. 1660, # 199, item. 1673 and # 200. 1679, from 2003 No 166, item. 1608 and # 213. 2081, 2004, no. 96, item. 959, no. 99, item. 1001, no. 120, item. 1252 and # 240. 2407, 2005 No. 10, item. 71, # 68, item. 610, no. 86, item. 732 and # 167, item. 1398, 2006, no. 104, item. 708 and 711, no. 133, item. 935, no. 217. 1587 and # 221, item. 1615, with the 2007 No. 64, item. 426, no. 89, item. 589, No 176, item. 1239, # 181, item. 1288 and # 225, item. 1672, from 2008, no. 93, item. 586, Nr 116, poz. 740, no. 223, item. 1460 and # 237. 1654, from 2009. # 6, item. 33, no. 56, item. 458, no. 58, item. 485, no. 98, item. 817, No 99, item. 825, no. 115, item. 958, No 157, item. 1241 and # 219. 1704, 2010 No. 105, item. 655, No 135, item. 912, no. 182, item. 1228, # 224, item. 1459, no. 249, item. 1655 and # 254. 1700 and 2011 No. 36, item. 181, no. 63, item. 322, no. 80, item. 432, No 144, item. 855, # 149. 887 and # 232, poz. 1378.7) this regulation was preceded by a regulation of the Minister of labour and social policy of 28 February 2007 on the lists of applications and payments from the Fund of guaranteed employee benefits (OJ No 53, item 356), which is repealed with effect from 1 January 2012, on the basis of article. 70 paragraph 2 and article. 123, paragraph 4 of the Act of 27 August 2009 – introductory provisions the law on public finance (OJ No 157, item 1241 and # 219, poz. 1706, 2010 No. 96, item 620, # 108, item 685, no. 152, item 1020, # 161, poz. 1078, # 226.1475 and # 238, item 1578 and 2011. # 171 , item. 1016, no. 178, poz. 1061 and # 197. 1170) Annex 1. [MODEL-COMPREHENSIVE LIST OF OUTSTANDING PAY CLAIMS IN THE PERIOD PRECEDING THE DATE OF THE INSOLVENCY OF THEIR EMPLOYER]

The annexes to regulation of the Minister of labour and social policy dated 7 December 2011 (1635) Annex # 1 model – SUMMARY LIST of OUTSTANDING PAY CLAIMS in the period PRECEDING the DATE of the INSOLVENCY of THEIR EMPLOYER to bulk of Annex A list of outstanding pay claims LIST of OUTSTANDING PAY CLAIMS ACCORDING to the TITLES referred to in article 1. 12 PARAGRAPH 1. 2 of the Act of the periods PRIOR to the DATE of OCCURRENCE of the INSOLVENCY of THEIR EMPLOYER the cumulative list of outstanding pay claims in the period preceding the date of the insolvency of their employer (the list): 1) the entity submitting the summary list of the employer, the liquidator, the liquidator or any other person with the Board of the assets of the employer, the designation must be provided.

When completing the list of employers employing disabled persons shall take into account the social security contributions of such persons only if the provisions relating to professional and social rehabilitation of persons with disabilities require the payer and the insured the obligation to pay contributions from their own funds.

2) Marshal of competent for the registered office of the insolvent employer.

3) Indicate the proper condition of the insolvency of their employer out of referred to in article 1. 3 paragraphs 1 and 2. 1 or article. 6 paragraph 1. 1, paragraph 3, or article. 8 paragraph 1. 1 of the Act of 13 July 2006 on the protection of workers ' claims in the event of the insolvency of their employer (OJ No 158, item 1121, as amended), hereinafter referred to as the "Act".

4) compliance data in columns 1 and 2 cumulative list with Annex A-list of outstanding pay claims according to the titles referred to in article 1. 12 paragraph 1. 2 of the Act of the periods prior to the date of occurrence of the insolvency of their employer. In column 2 of the social security number may be replaced by the number of the document certifying the identity. Columns from 1 to 19 cumulative list and columns from 1 to 35 of Annex A – fills the operator referred to in point 1. Summary list of, and Annex A, should be drawn up, beginning with # 1 ordinal, persons in an employment relationship on the insolvency of their employer; then the person with whom the employment relationship has been resolved:-on the date of the insolvency of their employer – in the days prior to the date of the insolvency of their employer (the date of termination of employment is more distant from the date of the insolvency of their employer, including the site in the list should be enclosed former employee).

Before the bulk of the list of entity shall consult the information on Marshal of the height at the current average monthly wage from the previous quarter, referred to in paragraph 7.


In accordance with the provision of art. 13 of the Act, where the cumulative list is folded in connection with the insolvency of the employer, that occurred in relation to it again, the provisions concerning the settlement of claims from the resources of the Fund may not have again apply to the same employees in the same claims, the claims of the titles listed in the article. 12 paragraph 1. 2, paragraph 1, point 2 (a). and (c) and (e). (g) and paragraph 3 of the Act shall be subject to the satisfaction of the total for the period not longer than 3 months. So when the summary list of is made in connection with the employer's insolvency again-in the list and in Annex A should be recognised only where: 1) the claims were not met in the case of previous insolvency or 2) persons whose total claims: a) remuneration for work, b) remuneration for the time due the employee downtime, for inactivity (exemption from work) and by the time another justified absence at work , c) remuneration for the time an employee's inability to work due to illness, referred to in article 1. 92 of the labour code, d) remuneration for annual leave, e) compensatory allowance referred to in article 2. 230 and 231 of the labour code, and f) social security contributions payable by employers-have been met for a period shorter than three months.

In the case of the persons referred to above in point 2, in Appendix A apply a broken number: ordinal/ordinal number from the list of bulk compound and executed by the previous default.

5) account shall be taken of the person covered by the definition of an employee referred to in art. 10 of the Act (with the exception of the definition of excluded), and the persons referred to in art. 11 of the Act. In the list of bulk and Annex A does not include former employees, with which the employment relationship is terminated during the period of longer than 9 months prior to the date of the insolvency of their employer. In column 4 of the annex and shall indicate the date of cessation of employment of the employee, the employee's claim not to have been satisfied if that date involves entitlement to receive benefits from the Fund, given that the termination of the employment relationship occurred in a period of not more than 9 months before the date of the employer's insolvency or the date which is date of the insolvency of their employer.

6) give the ratio of work, another legal basis for the provision of work for which the insurance obligation arises.

7) column 5 to 7 should be completed taking into account art. 14 paragraph 1. 1 of the Act, that the total amount of benefits for a period of one month may not exceed the average monthly wage from the previous quarter, from the date of its announcement by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish", issued on the basis of article. 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, as amended).

In the case of recurrence of the employer, in respect of persons whose claims-the first insolvency – have been settled for a period shorter than 3 months, in columns 5 to 7 show claims for the period which is the complement to a three-month period. You must take into account the current average monthly wage. In the case of the padding does not include the full month, the average monthly remuneration should be taken into account in a fraction of that amount, proportional to the period of half-month, for which claims are subject to meet.

Where in the annex and you get data on four calendar months-in column 5 (month) you should type the data constituting the sum of data from the two periods covered in two separate calendar months ("and a calendar month" and "IV calendar month") as including data for one full calendar month.

8) Column 8 should be perform, taking into account article. 14 paragraph 1. 2 of the Act, which is that the amount of benefits in the event of a cash payment for the leave referred to in article 2. 171 section 1 of the labour code, payable for the calendar year in which the employment relationship is terminated, shall not exceed the amount of the average monthly wage referred to in paragraph 7.

9) columns 9 and 10 must be completed, taking into account article. 14 paragraph 1. 3 of the Act, which is that the payment of benefits in the event of compensation for shortening the period of notice referred to in article 1. 361 § 1 of the labour code, shall not exceed the amount of the average monthly wage referred to in point 7 of the explanatory notes, or its multiples, in the case where the dimension of the provision is a multiple of salary which is the basis for its findings.

10) columns from 9 to 13 of the list and the column from 30 to 34 Annex A complete subject to the provisions of the article. 12 paragraph 1. 5 of the Act, that provide for unpaid severance, as well as compensation, are met from the resources of the Fund, when the termination of employment occurred in a period of not more than 9 months prior to the date of occurrence of the insolvency of their employer, or on which date of the insolvency of their employer.

11) in column 15, type the amount of the base dimension of the social contributions determined from amounts reported in columns 5-8, which, in accordance with the provisions of the Act of 13 October 1998 on the social insurance system (OJ of 2009 # 205, poz. 1585, as amended) and with the provisions of the regulation of the Minister of labour and social policy of 18 December 1998 on detailed rules for determining the calculation basis of contributions to the pension scheme (OJ No. # 161, item. 1106, as amended. d.) form the basis of the dimension of these contributions. In the columns from 16 to 19 type amount social security contributions referred to in article 1. 12 paragraph 1. 2 paragraph 3 of that law, financed from the resources of the employer. You should also take into account the applicable employer interest rate premiums for accident insurance in respect of accidents at work and occupational diseases, in accordance with the law of 30 October 2002 on social insurance in respect of accidents at work and occupational diseases (Journal of laws of 2009 No. 167, item 1322, as amended).

12) Columns from 20 to 22 cumulative list populates the Marshal, having found that the total amount of benefits payable from the Fund shown in column 14 have been determined in accordance with the provisions of the Act, (a) the amounts of the contributions shown in columns 16 to 19 did not raise objections:-in column 20 enter the amount from column 14-21 column enter the amount from column 16.

In the column type 22, the sum of the amounts from columns 20 and 21.

13) Column from 23 to 30 of the list fills an operator referred to in point 1 explanations, after receiving two copies of the list referred to in paragraph 5 of the regulation.

An advance on income tax from natural persons shall be calculated in accordance with the provisions of the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2010 # 51, item 307, as amended), including after the deduction of amounts of contributions to the pension, disability and sickness is shown in columns 26 to 28 – financed from the resources of the insured person, as established from the amounts indicated in column 20. The amount of the contributions to the pension, disability and sickness, as an advance on income tax from natural persons and health insurance contributions – from the amount approved for payment, as reported in column 20 gets and keeps relevant institutions subject to an account which have been communicated to the Fund.

In determining contributions, shown in columns 26 to 28, calculated from the amounts indicated in column 20 respectively. After taking into account:-the rules referred to in article 1. 19 of the Act of 13 October 1998 on the social insurance system, that the contributions to the pension scheme from the proposed to satisfy the Fund benefits charges to those workers who did not achieve in the current year amount limit annual assessment base of contributions to the pension scheme, for the calendar year,-the provisions of the Act of 13 October 1998 on the social insurance system and the provisions of the regulation of the Minister of labour and social policy of 18 December 1998 on the detailed rules for determining the calculation basis of contributions to the pension scheme. from the amounts which the contribution.

In the column 23, type the amount of the advance on income tax from natural persons, respectively (i.e. after deduction of the amount of social security contributions financed from the resources of the insured person/employee) from the amount of benefits shown in column 20, after deduction, in accordance with article 5. 95 of the Act of 27 August 2004 about health care benefits financed from public funds (Journal of laws 2008 No. 164, item. 1027, as amended) is shown in column 23-the amount of the contributions for health insurance.

Deductible from the tax is subject to the amount not exceeding the interest rate of the contribution referred to in article 1. 27B paragraph. 2 of the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2010 # 51, item 307, as amended).


25 column enter the amount of contributions for health insurance, financed by the insured person – as the difference between the current amount of contributions for health insurance, corresponding to the rate of the contribution referred to in article 1. 79 of the law of 27 August 2004 about health care benefits financed from public funds, and the amount of the contribution corresponding to the rate of the contribution referred to in article 1. 27B paragraph. 2 of the Act of 26 July 1991 on income tax from natural persons.

14) in column 24 enter the amount calculated according to the rate of interest referred to in article 1. 27B paragraph. 2 of the Act of 26 July 1991 on income tax from natural persons.

15) in column 30 enter amount equal to the difference between the amount of columns 20 and the sum of the amounts of deductions from columns: from 23 to 29. Deductions shown in the columns from 23 to 29 gets and keeps relevant institutions subject to an account which have been communicated to the Fund.

16) representation of those submitting in accordance with the rules in force when taking out the obligations of civil law.

17) the remuneration referred to in article 1. 12 paragraph 1. 2, paragraph 1 and paragraph 2 (a). and, (b) and (c) of the Act, and the compensatory allowances referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). g of the Act, and check-in in cash referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). (d) the Act, conferred on the basis of the provisions of the Act of 13 March 2003 on the specific principles of resolving labor relations with employees for reasons of non-employees (Journal of laws No. 90, item 844, as amended), as well as cash equivalent for leave referred to in article 2. 12 paragraph 1. 2 paragraph 2 (a). (e) of the Act, and compensation, referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). (f) of the Act, is included in Annex A to the cumulative list in gross amounts due and unpaid employees.

Annex A is an extract from the source documents about the unmet claims according to the titles referred to in article 1. 12 paragraph 1. 2 of the Act, (a) remuneration reported in Annex A in columns 5 to 9, 11 to 15 and 17 to 21 include:-salary, wp-remuneration for the time due the employee downtime, as referred to in article. 81 § 2 of the labour code, remuneration for time not performing work (dismissal), referred to in article 2. 81 § 1 of the labour code, and the compensation for other justified absence from work-rights of the employee on the basis of generally applicable labour laws, with-remuneration for the time being unable to work due to illness, referred to in article 1. 92 of the labour code and in the article. 18 paragraph 1. 2 of the Act of 13 October 1998 on the social insurance system, wu-remuneration for annual leave, in the period referred to in article 1. 12 paragraph 1. 3 of the Act, CC-compensatory supplement referred to in article 2. 230 and 231 of the labour code.

In the case of recurrence of the insolvency of their employer, in respect of persons whose claims-the first insolvency – have been settled for a period shorter than 3 months, in Annex A should be only a claim for the period which is the complement to a three-month period.

In lieu of vacation, shown in Annex A, column 29 includes a cash equivalent for leave referred to in article 2. 171 section 1 of the labour code, payable for the calendar year in which the employment relationship is terminated.

Claim shown in Annex A, in columns 30 and 31 includes compensation for shortening the period of notice referred to in article 1. 361 § 1 of the labour code.

18) completed with the name of the month, where duties include a period of full calendar month; otherwise, also give an interval of time in a calendar month, which include reported. Fill in the subject to the provisions of the article. 12 paragraph 1. 3 of the Act, that the remuneration referred to in article 1. 12 paragraph 1. 2, paragraph 1 and paragraph 2 (a). and, (b) and (c) of the Act, and referred to in article 1. 12 paragraph 1. 2 paragraph 2 (a). (G) of the Act are being met from the resources of the Fund for a period of not more than 3 months prior to the day of the occurrence of the insolvency of their employer or for a period not longer than 3 months prior to the day of termination of the employment relationship, if the termination of the employment relationship is in not more than 9 months prior to the date of occurrence of the insolvency of their employer, or on that date.

By "a period of not more than 3 months" means no more than three full calendar months or two full calendar months and the sum of the two periods in two separate calendar months acting including one (3rd) calendar month.

By "and calendar month" means calendar month, in which there was a day of the insolvency of their employer (in the case of persons in employment on that date), or the calendar month in which the termination of employment.

By "SECOND calendar month" means the month preceding "and calendar month".

"(III) calendar month" means the month preceding the "II calendar month".

By "(IV) calendar month" means the month preceding the calendar month "III", which occurs only if the day of the employer's insolvency or the date of termination of employment – occurs on a different day than the last day of "and calendar month".

Annex 2. [MODEL-A LIST OF COMPLEMENTARY UNMET PAY CLAIMS IN THE PERIOD AFTER THE DATE OF THE INSOLVENCY OF THEIR EMPLOYER]

Appendix 2 model – a LIST of COMPLEMENTARY UNMET PAY CLAIMS in the period AFTER the DATE of the INSOLVENCY of THEIR EMPLOYER the pattern to the supplementary list of unmet pay claims in the period after the date of the insolvency of their employer (supplementary list): 1) Entity composed of the employer, the liquidator, the liquidator or any other person with the Board of the assets of the employer, the designation must be provided.

2) Marshal of competent for the registered office of the insolvent employer.

3) Indicate the proper condition of the insolvency of their employer out of referred to in article 1. 3 paragraphs 1 and 2. 1 or article. 6 paragraph 1. 1, paragraph 3, or article. 8 paragraph 1. 1 of the Act of 13 July 2006 on the protection of workers ' claims in the event of the insolvency of their employer (OJ No 158, item 1121, as amended), hereinafter referred to as the "Act".

4) if the supplementary list is included-in connection with the termination of employment after the date of occurrence of the insolvency of their employer is a person who was previously covered by the summary list (for a period of not more than three months prior to the day of the occurrence of the insolvency of their employer), in the list of complementary use broken number: ordinal number/position list. In column 2 of the social security number may be replaced by the number of the document certifying the identity.

5) account shall be taken of the person covered by the definition of an employee referred to in art. 10 of the Act (do not take into account people excluded from this definition), and the persons referred to in art. 11 of the Act. In column 4 indicate the date of cessation of employment of the employee, the employee's claim has not been met.

6) employment relationship, another legal basis for the work for which the insurance obligation arises.

7) column from 12 to 16 should be completed taking into account art. 14 paragraph 1. 3 of the Act, which is that the amount of benefits for a period of one month may not exceed the average monthly wage from the previous quarter, from the date of its announcement by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish", issued on the basis of article. 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, as amended). In the case where the dimension of the provision is a multiple of one month's salary, which is the basis for its findings (check-in two-or three-month; compensation bi-monthly), the amount may not exceed the corresponding multiples of the above, the average monthly wage from the previous quarter.

8) complete with regard to art. 12 paragraph 1. 5 of the Act, that provide for unpaid severance pay and compensation are met from the resources of the Fund, when the termination of employment occurred in a period of not more than 4 months after the date of occurrence of the insolvency of their employer.

9) columns from 1 to 17 of the list of supplementary fills the operator referred to in point 1. Before the list of supplementary operator shall consult the information on Marshal of the height at the current average monthly wage from the previous quarter, referred to in paragraph 7.

10) Column 18 supplemental Catalog populates the Marshal, having found that the total amount of benefits payable from the Fund shown in column 17 was determined in accordance with the provisions of the Act.

11) column from 19 to 21 of the list of supplementary fills the operator referred to in point 1 explanations, after receiving two copies of the list referred to in paragraph 5 of the regulation.

12) in column 21 enter the amount of the difference between the amount in the column, 18 and the amount equal to the sum of deductions from columns 19 and 20.


13) representation of those submitting in accordance with the rules applicable to civil commitments.

Annex 3. [MODEL-THE APPLICATION INDZWIDUALNY FOR THE PAYMENT OF BENEFITS FROM THE FUND OF GUARANTEED BENEFITS PRACOWNICYZCH FOR UNMET CLAIMS]

Annex 3 MODEL-the APPLICATION INDZWIDUALNY for the payment of BENEFITS from the Fund of GUARANTEED BENEFITS PRACOWNICYZCH for UNMET CLAIMS

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