Key Benefits:
ACT
of 13 March 2003
special rules for the resolution of labour relations workers on the grounds of non-workers 1)
Article 1. [ Regulatory scope] 1. The provisions of the Act shall apply where necessary a solution by the employer employing at least 20 employees of labour relations for reasons not involving employees, by means of termination by the employer, as well as on the power parties to the agreement, if, for a period not exceeding 30 days, the exemption shall include at least:
1) 10 employees, when the employer employs fewer than 100 employees,
2) 10% of employees, when the employer employs at least 100, however less than 300 employees,
3) 30 employees, when the employer employs at least 300 or more employees
-hereinafter referred to as the 'block exemption'.
2. The numbers relating to the employees referred to in paragraph 2. 1, include employees with whom, within the framework of a group exemption, a termination of the employment relationship at the initiative of the employer under the agreement of the parties, if applicable to at least 5 employees.
Article 2. [ Consultations on the group exemption] 1. The employer is obliged to consult the intention to carry out a group exemption with the establishment of the trade union organisations active in that employer.
2. Consultation referred to in paragraph (1), in particular, concerns the possibility of avoiding or reducing the size of the group exemption and of workers in connection with the exemption, in particular the possibility of retraining or training, and of obtaining another employment by redundant workers.
3. The employer is obliged to notify in writing the joint trade union organizations of the reasons for the intended group exemption, the number of employees and the professional groups to which they belong, the professional groups of the employees covered by the the intention of the group exemption, the period during which the exemption is to take place, the proposed criteria for the selection of employees for the group exemption, the order in which the employees are to be made redundant, the proposals for the resolution of the staff with the intended group exemption, and if they include cash benefits, the employer is also required to present a way of determining their amount.
4. The employer shall communicate the information referred to in the paragraph to the company's share of the company's share of the information. 3, within a time limit which enables these organisations to submit a proposal for consultation on the matters referred to in paragraph 3. 2.
(5) In the course of the consultation, the employer is obliged to pass on to the establishment of the Land also other than those referred to in paragraph 1. 3 information, if they may affect the consultation process and the content of the agreement referred to in art. 3.
6. The employer shall provide the information referred to in the paragraph in writing to the competent district office. 3, excluding information on how the amount of cash benefits for employees is to be determined.
7. If the employer concerned does not operate the relevant trade union organisations, the powers of those organisations to the extent of the paragraph shall not be exercised. 1-5 shall be entitled to the employees ' representatives elected in the course of the employer.
Article 3. [ Agreement] 1. Within a period of not more than 20 days from the date of notification referred to in Article 2. 3, the employer and the establishment of the trade union organisations shall conclude an agreement.
2. In the agreement referred to in paragraph 1. 1, the rules of procedure shall be laid down in matters relating to employees covered by the intention of the group exemption, as well as the obligations of the employer to the extent necessary for the resolution of other workers ' cases relating to the collective redundancy.
(3) If it is not possible to agree on the content of the agreement with all the relevant trade union organisations, the employer shall agree on the content of the agreement with the trade union organisations within the meaning of the Article. 241 25a Labour code.
4. If it is not possible to conclude an agreement in accordance with the paragraph. 1 and 3, the rules of procedure relating to cases involving employees covered by the intention of a group exemption shall be determined by the employer in the rules of procedure, taking into account, where possible, the proposals submitted in the context of the consultation of the association's establishment.
5. If the employer concerned does not operate the relevant trade union organizations, the rules of conduct on matters relating to employees covered by the intention of the group exemption shall be determined by the employer in the rules of procedure, after consultation with the employees ' representatives established in accordance with the employer's address.
Article 4. [ Notice of the district labour office] 1. Employer-after the conclusion of the agreement, and in the absence of an agreement upon fulfilment of the obligation, referred to in art. 3 para. 4 or 5-gives notice in writing to the competent district office of work on the arrangements for collective redundancies, including the number of employees and workers made redundant, and the reasons for their dismissal, the period during which it is to be carried out. the exemption, as well as of the consultation of the intended group exemption with the establishment of trade union organisations or representatives of workers made in the mode adopted by the employer in question.
2. Copy of the notice referred to in paragraph. 1, the employer shall pass on to the establishment of the Land. The establishment of the trade union organisations may present its opinion on the group exemption to the competent district office.
3. If the employer does not act on the establishment of the association, the provision of the paragraph shall be taken. 2 shall apply mutatis mutandis to the representatives of the employees issued in the mode adopted by the employer concerned.
4. In the event of termination of the employer's activity as a result of the final judicial decision, the notice referred to in paragraph. 1, is required when the competent district labour office will be requested.
Article 5. [ Pronouncing of Labour Relations] 1. Article 2 (1) (a) of Article 4 (1) does not apply to workers ' employment relationships within the 38 and 41 of the Labour Code, subject to the paragraph. 2-4, as well as provisions separate from the special protection of workers against denunciation or termination of employment, subject to the paragraph. 5.
2. In the absence of an agreement referred to in art. 3, when speaking to employees of labour relations, as well as working conditions and pay, art shall apply. 38 of the Labour Code.
3. To inform employees of labour relations in the situations referred to in art. 41 of the Labour Code, is allowed during a period of leave lasting at least 3 months, and during another justified absence of the employee at work, if the period of entitlement of the employer to the termination of the employment contract has expired. notice.
4. To inform employees of working conditions and pay in the situations referred to in art. 41 of the Labour Code, shall be admissible regardless of the duration of the leave or any other justified absence of the employee at work.
5. During the period of protection of particular protection against termination or termination of employment, the employer can only terminate the work conditions and pay hitherto:
1) referred to in art. 39 and 177 of the Labour Code;
2) being a member of the state enterprise's board of employees;
3) which is a member of the management board of the association organization;
4) a member of the establishment of a trade union organisation authorised to represent that organisation vis-vis the employer or the body or the person responsible for the employer in the field of labour law;
4a) which is a member of the special negotiating body or of the European Works Council;
4b) which is a member of a special negotiating body, a representative body or a representative of employees in a European company;
4c) which is a member of a special negotiating body, a representative body or a representative of employees in a European cooperative;
4d) which is a member of a special negotiating body, a representative team or a representative of employees in the supervisory board of the company resulting from the cross-border merger of companies;
5) which is a social labour inspector;
6. a military service, a replacement service, an essential military service or military training set up to serve;
7) which is a member of the board of employees or referred to in the agreement referred to in art. 24 of the Act of 7 April 2006. on informing and consulting employees (Journal of Laws No 79, pos. 550), a representative of the employees who are entitled to obtain and consult information from the employer.
6. If the termination of working conditions and pay causes a reduction in remuneration, the employees referred to in paragraph shall be reduced. 5, shall be entitled, until the end of the period during which they would benefit from special protection against termination or termination of employment, a compensatory allowance calculated according to the rules resulting from the Labour Code.
7. In the event of employment of labour relations within the framework of a group exemption of a contract of employment concluded for a specified period of time or for the duration of the performance of a particular work may be resolved by either party after a two-week notice.
Article 6. [ Termination of the employment relationship] 1. The termination of the employee of the employment relationship within the group exemption may take place no sooner than after the employer has made the notification referred to in art. 4 par. 1, and, where it is not required, not earlier than after the conclusion of the agreement or the fulfilment of the obligation referred to in Article 3 para. 4 or 5.
2. A solution with the employee of the employment relationship within the group exemption may take place not earlier than after 30 days from the date of notification referred to in art. 4 par. 1, and in the event that it is not required-not earlier than after 30 days from the date of conclusion of the agreement or the fulfilment of the obligation referred to in Article. 3 para. 4 or 5. This does not apply to cases of termination of labour relations in the event of termination of the employer's activity as a result of a final judicial decision.
Article 7. [ Bankruptcy or liquidation of the employer] [ 1] In order to resolve working relationships within the framework of a group exemption due to bankruptcy or liquidation of the employer, the provisions of Article 4 shall apply. 41 1 § 1, art. 177 § 4 and 5, art. 186 1 , art. 186 8 and art. 196 point 2 of the Labour Code, as well as the separate provisions governing the termination of labour relations for such a reason.
Article 8. [ Cash repayments] 1. The employee, in connection with the termination of the employment relationship within the group exemption, shall be entitled to the payment of cash in the amount of:
1) one month's salary, if the employee was employed with the employer for less than 2 years;
2) a two-month salary if the employee was employed with a given employer from 2 to 8 years;
3) a three-month salary if the employee was employed in a given employer more than 8 years.
2. In determining the period of employment referred to in paragraph. 1, rule of art. 36 § 1 1 The Labour Code shall apply mutatis mutandis.
3. The cash allowance shall be determined in accordance with the rules applicable to the calculation of the cash equivalent for the holiday leave.
4. The amount of the monetary order shall not exceed the amount of 15 times the minimum wage for the work, determined on the basis of the separate provisions in force on the date of termination of the employment relationship.
Article 9. [ Reemployment of the employee] 1. In the event of reemployment of employees in the same professional group, the employer should hire a worker with whom he has terminated the employment relationship under the group exemption, if the released employee reports the intention to take up employment in that employers within a year from the date of termination of the employment relationship with it.
2. The employer should re-hire the employee referred to in the paragraph. 1, within a period of 15 months from the date of termination of the employment relationship with it in the framework of group exemption.
Article 10. [ Termination of the employment relationship for reasons of non-employees] 1. Rules of Art. 5 par. 3-7 and art. 8 shall apply mutatis mutandis where necessary by the employer employing at least 20 labour relations workers on the grounds of non-workers, where those reasons are the sole reason for the termination of the relationship the work or its solution under the agreement of the parties, and the exemptions for a period not exceeding 30 days include a lower number of employees than those referred to in Article 1.
2. In the case referred to in paragraph. 1 the employer may terminate the employment relationship by means of notice, with employees whose employment relationship falls under the separate provisions of the special protection against the denunciation or the solution and to which the termination is admissible the employment relationship under the group exemption, provided that no objection has been raised by the establishment of the association within 14 days of the date of receipt of the notification of the intended termination.
3. The employer may terminate the working conditions and pay of the workers referred to in the paragraph. 2 if, for the reasons set out in paragraph 1, 1 shall not be possible to continue to employ them in the existing work positions. In that case, Article 1 38 of the Labour Code.
4. If the termination of working conditions and pay in the circumstances referred to in paragraph. 3 shall result in a reduction in remuneration, staff shall be entitled, for a period not exceeding 6 months, to the compensatory allowance calculated on the basis of the rules deriving from the Labour Code. The right to the compensatory allowance shall not be granted to workers whose particular protection against the termination of a contract of employment is due to Article 4 (1) of the Regulation. 41 Labour Code.
5. The provisions of the paragraph. 1-4 shall not apply to workers who are members, senators or councillors, during a period in which their employment relationship is subject to specific provisions of special protection against denunciation or termination.
Article 11. [ Exemption of application of the law] The provisions of the Act do not apply to employees employed on the basis of appointment.
Article 12. [ Application of provisions of the Labour Code] The provisions of the Labour Code shall apply to the resolution of labour relations on grounds of non-workers, not regulated in this Act, and when dealing with disputes relating to a violation of the provisions of this Act.
Article 13. [ The Act on the General duty to defend the Republic of Poland] In the Act of 21 November 1967. of the universal duty of defence of the Republic of Poland (Dz. U. of 2002. No 21, pos. 205, z Late. 1. 2) ) in Article 121 (1) 1 is replaced by the following
" 1. Soldiers of the reserve, who within thirty days of the date of release from active military service, subject to art. 120 (1) 4, they may not take up the job as a result of the announcement of the bankruptcy or liquidation of the employer in which they were employed on the day of appointment to the service, or termination of their employment relationship for reasons of non-employees, and who for other reasons are looking for a job-they benefit from priority in the field of employment. '.
Article 14. [ Teacher Card] In the Act of 26 January 1982 -The Teacher's Card (Dz. U. 1997 r. Nr 56, pos. 357, with late. 1. 3) ) in Article 20 in the mouth. 2 the second sentence is replaced by the following
' A teacher employed on the basis of a contract of employment with which the employment relationship has been resolved for the reasons set out in the paragraph. 1, the benefits specified in the provisions on specific rules for the resolution of labour relations workers on the grounds of non-employees 'shall be entitled.'.
Article 15. [ The Act on special rules for the resolution of labour relations workers on grounds relating to the work plant] In the Act of 28 December 1989. special rules for the resolution of labour relations workers on grounds relating to the establishment of work (Dz. U. of 2002. No. 112, item. 980, No 135, pos. 1146 and No. 200, pos. 1679) in art. Paragraph 8 shall be repealed. 4.
Article 16. [ Police Act] In the Act of 6 April 1990 o Police (Dz. U. of 2002. No. 7, pos. 58, z późn. 1. 4) ) in Article Paragraph 44a is replaced by the following:
"(2) other allowances provided for workers made redundant during parental leave on grounds of non-workers."
Article 17. [ Law of the Border Guard] In the Act of 12 October 1990. o Border Guard (Dz. U. of 2002. No. 171, item. 1399) in art. 48 in the mouth. 3 point 2 is replaced by the following:
"(2) other allowances provided for workers made redundant during parental leave on grounds of non-workers."
Article 18. [ Law on personal income tax] In the Act of 26 July 1991 o Income tax on individuals (Dz. U. 2000 r. No 14, pos. 176, of late. 1. 5) ) in Article 21 in the mouth. 1 in point 3 (a) b is replaced by the following
"(b) cash payments made under the special arrangements for dealing with workers ' employment relationships on grounds of non-employee labour,".
Article 19. [ Employment and counter-unemployment law] In the Act of 14 December 1994. about employment and counteracting unemployment (Dz. U. 2003 r. Nr 58, pos. 514) in art. 2 in the mouth. Point 20a is replaced by the following:
'(20a)' grounds relating to the establishment of the establishment ', shall mean:
a) termination of the employment relationship on the causes of non-employees, in accordance with the provisions of specific rules of resolution with employees of labour relations on the reasons of non-employees or in accordance with the provisions of the Labour Code, in the case of termination of the employment relationship for those reasons with an employer employing fewer than 20 employees,
(b) termination of the business relationship due to the announcement of the bankruptcy of the employer, its liquidation or liquidation of the position of work on economic, organisational, production or technological grounds,
c) termination of employment relationship (professional relationship) due to the death of the employer or when the provisions of the Act provide for the termination of the employment relationship in the event of the passage of the work plant or its part on another employer and not to propose by that the employer of the new working conditions and pay; '.
Article 20. [ Law on the Prison Service] In the Law of 26 April 1996. o Prison Service (Dz. U. of 2002. Nr 207, item. 1761) in art. 42 in the mouth. 3 point 2 is replaced by the following:
"(2) other allowances provided for workers made redundant during parental leave on the grounds of non-workers."
Article 21. [ The Act on commercialization and privatization] In the Act of 30 August 1996. o commercialisation and privatisation (Dz. U. of 2002. No. 171, item. 1397 i Nr. 240, pos. 2055 and 2003 Nr 60, poz. 535) in art. 2 in point 5 lit. c is replaced by the following
' (c) persons who have worked for at least ten years in a commercial state enterprise or in an undertaking which has been privatised by the transfer to the company and the termination of the employment relationship has been carried out on the basis of a transfer to the a pension or for reasons of non-employee, '.
Article 22. [ Law on Professional and Social Rehabilitation and Employment of Persons with Disabilities] In the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. No 123, pos. 776, of late. 1. 6) ) in Article 38 par. 2.
" 2. The training referred to in paragraph 1. Persons with disabilities who are in the period of termination of employment contract for reasons of non-workers 'employment may also be covered by the contract.'
Article 23. [ Law on the adjustment of hard coal mining to operate under market economy conditions] In the Act of 26 November 1998. adjustment of hard coal mining to operate under market economy conditions and the specific powers and tasks of mining municipalities (Dz. U. Nr 162, pos. 1112, of late. 1. 7) ) in Article 20 para. 5.
" 5. The powers referred to in paragraph 1. 1, do not restrict the powers specified in the provisions with special rules for dealing with employees of labour relations on the grounds of non-employees. ".
Article 24. [ Law on the Government Protection Bureau] In the Act of 16 March 2001. o Government Security Office (Dz. U. Nr 27, pos. 298, with late-night data. 1. 8) ) in Article 38 in the mouth. 3 point 2 is replaced by the following:
"(2) other allowances provided for workers made redundant during parental leave on the grounds of non-workers."
Article 25. [ Restructuring Law of the Iron and Steel Industry] In the Act of 24 August 2001. restructuring of the iron and steel industry (Dz. U. Nr. 111, pos. 1196 and 2003 Nr 56, pos. 495) in art. 15 para. 4.
" 4. An employee of a smelter or PHS S.A. exercising the powers referred to in paragraph 1. 1, shall not be entitled to monetary recovery as referred to in the provisions on specific rules for the resolution of labour relations workers on grounds of non-employees. '.
Article 26. [ The Act on the Internal Security Agency and the Intelligence Agency] In the Act of 24 May 2002 o Internal Security Agency and the Intelligence Agency (Dz. U. No 74, pos. 676) in art. 64 in the mouth. 3 point 2 is replaced by the following:
"(2) other allowances provided for workers made redundant during parental leave on grounds of non-workers."
Article 27. [ The Act on Public Aid to Entrepreneurs Of Particular Importance for the Labour Market] In the Law of 30 October 2002 about public aid for entrepreneurs of particular importance for the labour market (Dz. U. Nr. 213, pos. 1800) art. 39 is replaced by the following
" Art. 39. After the decision to restructure the employment relationship at the establishment of the entrepreneur, the provisions of the separate laws regulating the effects of the declaration of bankruptcy on labour relations shall be applied accordingly. '
Article 28. [ Proceedings concerning the settlement of labour relations] 1. To the ongoing on the date of the entry into force of the Act of proceedings concerning the settlement of labour relations on the basis of the provisions of the Act mentioned in Art. 29 The current rules shall apply.
2. Workers whose employment relationships will be terminated as from the date of entry into force of the Act, following the proceedings referred to in paragraph. 1, shall be entitled to a cash payment under the rules laid down in the existing provisions, unless the payment of the money under this Act is more favourable to them.
3. The employees receiving the compensatory allowance at the date of entry into force of the Act, who would not be entitled to the compensatory allowance under this Act, shall retain the right to this supplement under the rules laid down in the existing regulations.
Article 29. [ Repealed provisions] The Law of 28 December 1989 shall be repealed. special rules for the resolution of labour relations workers on grounds relating to the establishment of work (Dz. U. of 2002. No. 112, item. 980, No 135, pos. 1146 and No. 200, pos. 1679 and 2003 No. 90, item. 844).
Article 30. [ Entry into force] The Act shall enter into force on 1 January 2004, with the exception of Article 1. 15, which shall enter into force on 1 July 2003.
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1) This Act shall be subject to the implementation of Directive 98 /59/EC of the European Community of 20 July 1998. on the approximation of the laws of the Member States relating to collective redundancies (Dz. Urz. EC L 225 of 12.08.1998).
The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special
2) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No. 74, item. 676, Nr 81, poz. 732, No 113, pos. 984 and 985, No. 156, pos. 1301, Nr 166, pos. 1363, Nr 199, pos. 1673 and No. 200, pos. 1679 and 1687 and 2003. Nr 45, poz. 391.
3) Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 162, pos. 1118, 2000 No 12, pos. 136, No 19, pos. 239, Nr 22, pos. 291 and No. 122, pos. 1323, 2001 No. 111, item. 1194, No. 128, pos. 1404, Nr 144, poz. 1615 and No. 154, pos. 1794 and 1795 and 2002. No 4, pos. 32, Nr 113, pos. 984 and No. 240, pos. 2052.
4) Amendments to the text of the single law have been announced in the Dz. U. of 2002. No 19, pos. 185, No 74, pos. 676, Nr 81, poz. 731, Nr 113, poz. 984, No. 115, pos. 996, No. 153, pos. 1271, Nr 176, pos. 1457 and No. 200, pos. 1688.
5) Amendments to the text of the single law have been announced in the Dz. U. 2000 r. Nr 22, pos. 270, Nr 60, poz. 703, Nr 70, poz. 816, Nr 104, poz. 1104, Nr 117, pos. 1228 i Nr 122, poz. 1324, 2001 No 4, pos. 27, No. 8, pos. 64, Nr 52, poz. 539, Nr. 73. items 764, No. 74, pos. 784, Nr. 88, pos. 961, Nr 89, poz. 968, No 102, pos. 1117, No. 106, pos. 1150, Nr 110, poz. 1190, No 125, pos. 1363 and 1370 and Nr 134, pos. 1509, 2002 No 19, pos. 199, Nr 25, pos. 253, No. 74, pos. 676, Nr 78, poz. 715, Nr 89, poz. 804, No. 135, pos. 1146, No. 141, pos. 1182, No. 169, pos. 1384, Nr 181, pos. 1515, Nr 200, poz. 1679 and No. 240, pos. 2058 and 2003 No. 7, pos. 79, Nr 45, poz. 391 and No. 65, pos. 595.
6) Amendments to the Act were announced in Dz. U. 1997 r. Nr 160, pos. 1082, 1998 Nr 99, pos. 628, Nr 106, poz. 668, Nr 137, poz. 887, Nr. 156, pos. 1019 and Nr 162, pos. 1118 and 1126, 1999 Nr 49, poz. 486, No. 90, pos. 1001, Nr 95, pos. 1101 and No. 111, pos. 1280, of 2000. Nr 48, poz. 550 and No. 119, pos. 1249, 2001 Nr 39, pos. 459, No. 100, pos. 1080, Nr 125, pos. 1368, Nr 129, poz. 1444 and No. 154, pos. 1792 and 1800, of 2002 No 169, pos. 1387, Nr 200, poz. 1679 i 1683 i Nr 241, poz. 2074 and 2003 No. 7, pos. 79.
7) Amendments to the Act were announced in Dz. U. of 2001. Nr 5, pos. 41 and No. 154, pos. 1802 and 2002. No. 216, item. 1826 i Nr 238, poz. 2020.
8) Amendments to the Act were announced in Dz. U. of 2001. No. 106, pos. 1149, 2002 No. 74, item. 676 and No. 153, pos. 1271 and 2003 Nr 52, pos. 451.
[ 1] Article 7, as amended by Article 2, 6 of the Act of 6 December 2008. on the amendment of the Act-Labour Code and some other laws (Journal of Laws No. 237, item. 1654). The amendment entered into force on 1 January 2009.
