The Act Of 13 March 2003 On The Specific Principles Of Resolving Labor Relations With Employees For Reasons Of Non-Employees

Original Language Title: USTAWA z dnia 13 marca 2003 r. o szczególnych zasadach rozwiązywania z pracownikami stosunków pracy z przyczyn niedotyczących pracowników

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Article. 1. [range] 1. The provisions of this Act shall apply, if necessary, the employer employing at least 20 employees of labour relations on grounds of non-workers, by means of a notice made by the employer, as well as by agreement of the parties, if within a period not exceeding 30 days release shall include at least: 1) 10 employees when the employer has fewer than 100 employees, 2) 10% of the employees, where the employer employs at least 100 but less than 300 workers, 3) 30 employees, where the employer employs at least 300 or more employees-hereinafter referred to as the "group relief".

2. Figures relating to workers referred to in paragraph 1. 1, include employees with whom under the group exemption followed by a solution of labour relations at the initiative of the employer pursuant to the agreement of the parties, where it affects at least 5 employees.

Article. 2. [consultation regarding the block exemption] 1. The employer is obliged to consult the intention to group relief from occupational trade union organizations operating on the employer.

2. the Consultation referred to in paragraph 1. 1, applies in particular to the possibility to avoid or reduce the size of the block exemption and personnel associated with the release, in particular the possibility of retraining or vocational training, as well as obtain other employment for redundant workers.

3. the employer is obliged to notify the company in writing of the reasons for the trade union organisations of the intended group release, the number of employed workers and professional groups to which they belong, workers ' groups covered by the intent of the block exemption, the period within which there will be such an exemption, the proposed selection criteria to group relief, order making redundancies, proposals for the settlement of employment related to the intended group relief, and if they include cash benefits In addition, the employer is obliged to present the method of determining their amount.

4. the employer shall transmit to the State organizations share information referred to in paragraph 1. 3, in sufficient time for the organizations reporting in the framework of the consultation proposals with respect to the matters referred to in paragraph 1. 2.5. In the course of the consultation the employer is obliged to transfer the share other Germany organisations than those referred to in paragraph 1. 3 information, if they can have an impact on the course of the consultations and the content of the agreement referred to in article 1. 3.6. The employer shall communicate in writing to the competent powiatowemu authority of work the information referred to in paragraph 1. 3, with the exception of information about how to determine the height of cash benefits vested employees.

7. If your employer do not work works trade union organisations, the powers of these organisations in respect of paragraph 1. 1-5 are entitled to the employees ' representatives elected in the mode adopted in your employer.

Article. 3. [the agreement] 1. Within not more than 20 days from the date of the notification referred to in article 1. 2. 3, the employer and the works trade union agreement.

2. The agreement referred to in paragraph 1. 1, the rules of conduct in matters relating to employees covered by the intent of the block exemptions, as well as the obligations of the employer to the extent necessary to resolve the other personnel related to the intended group relief.

3. If it is not possible to agree on the content of the agreement with all the occupational trade union organizations, the employer shall seek the agreement of the trade union organizations representative within the meaning of article 3. 24125a of the labour code.

4. If it is not possible the conclusion of the agreement in accordance with paragraph 1. 1 and 3, rules of conduct in matters relating to employees covered by the intent of the group exemption shall be determined in the regulations, taking into account, as far as possible, the proposals presented in the consultation by the company trade unions.

5. If your employer does not operate company trade unions, rules of conduct in matters relating to employees covered by the intent of the group exemption shall be determined in the rules of the employer, after consultation with the workers ' representatives selected in the mode adopted by the employer.

Article. 4. [notice the district Labour Office] 1. Employer-after the conclusion of the agreement, and in the event of failure of the agreement after the fulfilment of the obligation referred to in article 2. 3 paragraphs 1 and 2. 4 or 5 shall notify in writing the competent district Labour Office adopted arrangements for the group exemption, including the number of employees and laid-off workers and of the reasons for their dismissal, the period within which it has to be made, and also carried out consultation intended group exemption from municipal trade union organizations or workers ' representatives selected in the mode adopted by the employer.

2. A copy of the notice referred to in paragraph 1. 1, the employer shall transmit to the subordinate organizations. Company trade union organisations may submit to the competent labour office powiatowemu its opinion on the group exemption.

3. If your employer do not work works trade union organizations, the provision of paragraph 1. 2 shall apply mutatis mutandis to the employees ' representatives selected in the mode adopted by the employer.

4. in the event of cessation of the activities of the employer as a result of a final judicial decision the notice referred to in paragraph 1. 1, is required, when requested by the competent district labour office.

Article. 5. [speak to labor relations] 1. By voicing the employees of labour relations under the group exemption does not apply. 38 and 41 of the labour code, subject to the provisions of paragraph 2. 2-4, as well as the provisions of separate on special protection of workers against dismissal or termination of employment, subject to paragraph 2. 5.2. In the event of failure of the agreement referred to in article 2. 3, voicing the employees of labour relations and the conditions of work and pay, article 12 shall apply. 38 of the labour code.

3. termination of employees labor relations in situations referred to in article 1. 41 of the labour code, it is acceptable at the time of the leave of at least 3 months, and during another justified absence at work, if the qualifying period the employer to terminate the contract of employment without notice.

4. termination of employees working conditions and pay in the cases referred to in article 1. 41 of the labour code, is permitted regardless of the duration of the leave or other justified absence at work.

5. during the period of entry for special protection against dismissal or termination of employment, the employer can only terminate the existing working conditions and wage employee: 1) referred to in article 2. 39 and 177 of the labour code;

2) the employee Council state enterprise;

3) the Member of the Executive Board of the trade union organization of the works;

4 the federal organization works member), authorised to represent the organisation to the employer or authority or person making the employer actions in matters of labour law;

4A) who is a member of the special negotiating body or the European Works Council;

4B) who is a member of the special negotiating body or representative body representative of the employees in the European company;

4 c) who is a member of the special negotiating body, the representative body or the representative of the employees in the European cooperative society;

4 d) who is a member of the special negotiating body, the representative Assembly or a representative of the employees in the Supervisory Board of the company resulting from the cross-border merger of companies;

5) the social work supervisor;

6) set up to serve active duty military service, compulsory military service or military training;

7) who is a member of the staff or specified in the agreement referred to in article 1. 24 of the Act of 7 April 2006 on informing employees and consulting with them (OJ # 79, item. 550), a representative of the employees entitled to obtain from the employer information and conduct consultation with him.

6. If the termination of the working conditions and pay lower wages, workers referred to in paragraph 1. 5, is entitled, until the end of the period in which the benefit from the special protection against dismissal or termination of employment, the weighting calculated according to the rules under the labour code.

7. in the event of speaking to employees of labour relations under the group exemption employment contracts concluded for a specified period or for the duration of the implementation of a particular work may be terminated by either party for a two weeks ' notice.

Article. 6. [the term termination] 1. Termination of the employee relationship under the group exemption may take place not earlier than after the employer a notice referred to in article 2. 4 paragraph 1. 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 2. 3 paragraphs 1 and 2. 4 or 5.


2. termination of an employee of an employment relationship within the group exemption may be not earlier than 30 days from the date of notification referred to in article 2. 4 paragraph 1. 1, and where it is not required-not earlier than after the expiry of 30 days from the date of the conclusion of the agreement or the fulfilment of the obligation referred to in article 1. 3 paragraphs 1 and 2. 4 or 5. This does not apply to terminations of employees of labour relations in the event of cessation of the activities of the employer as a result of a final court decision.

Article. 7. [the bankruptcy or liquidation of the employer] [1] on an employee labor relations under the group exemption due to the bankruptcy or liquidation of the employer the provisions of art. 411 § 1, article. 177 section 4 and 5, art. 1861, art. 1868. 196, paragraph 2 of the labour code, as well as separate regulations governing the resolve with employees of labour relations with such a reason.

Article. 8. [financial Clearance] 1. The employee, in connection with the termination of employment under the group exemption, shall be entitled to check-in money: 1) one month's salary if the worker has been employed at your employer for less than 2 years;

2)-month salary if the worker has been employed with the employer from 2 to 8 years;

3) three months ' salary if the worker has been employed with the employer over 8 years.

2. In determining the period of employment referred to in paragraph 1. 1, a provision art. 36 section 11 of the Labour Code shall apply mutatis mutandis.

3. Check-in money shall be determined according to the rules for the calculation of the cash payment for annual leave.

4. the amount of the monetary clearance shall not exceed the amount of 15 times the minimum remuneration for work, established on the basis of separate provisions, in force on the date of termination of employment.

Article. 9. [rehired employee] 1. If hiring employees in the same occupational group, the employer should hire a worker, which solved the employment relationship under the group exemption, if released, the employee will report the intention to take employment with the employer within one year from the date of termination of the employment relationship.

2. the employer shall rehire the employee referred to in paragraph 1. 1 within a period of 15 months from the date of termination of the employment relationship under the group exemption.

Article. 10. [termination of employment for reasons of non-employees] 1. The provisions of article 4. 5. 3-7 and art. 8 shall apply mutatis mutandis if necessary the employer employing at least 20 employees of labour relations on grounds of non-employees, if the reasons are the sole reason justifying termination of the employment relationship or its termination by agreement of the parties, and the dismissal within no more than 30 days include a smaller number of workers than as referred to in article 4. 1.2. In the case referred to in paragraph 1. 1 the employer may terminate the employment relations, by way of notice, with employees whose employment relationship is governed by separate provisions of special protection against dismissal or solution and to which it is acceptable to termination work under the group exemption, provided the opposition works Union Organization by not reported within 14 days from the date of receipt of the notice of intended termination.

3. the employer may terminate the work conditions and wage workers, referred to in paragraph 1. 2 If the reasons referred to in paragraph 1. 1 it is not possible to continue their employment at existing workstations. In this case, article 12 shall apply. 38 of the labour code.

4. If the termination of the working conditions and pay in the circumstances referred to in paragraph 1. 3 reducing salaries, staff members shall be entitled, for a period not exceeding 6 months, weighting calculated according to the rules under the labour code. The right to compensatory supplement is not entitled to workers whose special protection against termination of employment derives from the article. 41 of the labour code.

5. The provisions of paragraphs 2 and 3. 1-4 shall not apply to workers who are members of the senatorami, or elected representatives, in the period in which their employment relationship is governed by separate provisions of special protection against dismissal or termination.

Article. 11. [exclusion of application of the provisions of the Act] the provisions of this Act shall not apply to workers employed on the basis of the appointment.

Article. 12. [the application of the provisions of the labour code] on an employment relationship for reasons not involving employees, within the scope unregulated by this Act, as well as in the handling of disputes related to violation of the provisions of this Act, the provisions of the labour code.

Article. 13. [common law obligation to defend the Republic of Poland] in the Act of 21 November 1967 on the universal obligation to defend the Republic of Poland (Journal of laws of 2002 No. 21, item 205, as amended. 2)) article. 121 paragraph 1. 1 shall be replaced by the following: "1. the Reserve Soldiers who within thirty days from the date of release from active military service, subject to article 22. paragraph 120. 4, may not take work as a result of bankruptcy or liquidation of the employer, in which they were employed on the day of the call to this service, or the solutions to them the employment relationship for reasons that does not pertain to employees, and who for other reasons are looking for a job-use priority in terms of job placement. ".

Article. 14. [the teacher] in the law of 26 January 1982-Teacher (Journal of laws of 1997, no. 56, item 357, as amended. 3)) article. 20 paragraph 1. 2, the second sentence shall be replaced by the following: "the teacher employed under a contract of employment, which fixes an employment relationship for reasons referred to in paragraph 1. 1, are entitled to the benefit referred to in regulations for specific rules for resolving labor relations with employees for reasons of non-employees. ".

Article. 15. [Act on the specific principles of resolving labor relations with employees for reasons related to workplace] in the law of 28 December 1989, with special rules for resolving labor relations with employees for reasons related to the workplace (Journal of laws of 2002 No. 112, item. 980, No 135, item 1146 and # 200, poz. 1679) article. 8 paragraph 1 repealed. 4. Article. 16. [the Police Act] in the law of 6 April 1990 on the police (Journal of laws of 2002, No. 7, item 58, as amended. 4)) article. 44A, paragraph 2 is replaced by the following: "2) other powers provided for workers laid off from work at the time of parental leave for reasons of non-employees.".

Article. 17. [the border guard Act] in the law of 12 October 1990 on the border guard (Journal of laws of 2002 No. 171, item 1399.) article. 48 in paragraph 1. 3 paragraph 2 shall be replaced by the following: "2) other powers provided for workers laid off from work at the time of parental leave for reasons of non-employees.".

Article. 18. [income tax act of individuals] in the law of 26 July 1991 on income tax from natural persons (Journal of laws of 2000, no. 14, item 176, as amended – 5)) article. 21 in paragraph 1. 1. in paragraph 3 (b). (b) is replaced by the following: "(b)) check in cash paid on the basis of the provisions of the specific rules for resolving labor relations with employees for reasons of non-employees".

Article. 19. [the Act on employment and counteracting unemployment] in the Act of 14 December 1994 on employment and counteracting unemployment (Journal of laws of 2003 No. 58, item 514) article. 2 in paragraph 1. 1 paragraph 20a is replaced by the following: "20a)" causes of workplace "-This means: a) termination of employment for reasons of non-employees, in accordance with the provisions of the specific rules for resolving labor relations with employees for reasons of non-employees, or in accordance with the provisions of the labour code, in the event of termination of employment for these reasons, the employer employing less than 20 employees, b) termination of work due to the Declaration of bankruptcy of the employer , its liquidation or winding-up jobs for economic reasons, organisational, production or technology, c) termination of employment relationship (relative work) due to the death of the employer or where the provisions of the Act provide for the termination of the employment relationship in the event of a transition at the workplace or part thereof to another employer and niezaproponowania by the employer to the new working conditions and wages; ".

Article. 20. [Act on the Prison Service] in the law of 26 April 1996 on the Prison Service (Journal of laws of 2002 No. 207, item 1761.) article. 42 in paragraph 1. 3 paragraph 2 shall be replaced by the following: "2) other powers provided for workers made redundant from employment during parental leave, for reasons not involving employees.".

Article. 21. [the Act on commercialisation and privatisation] in the law of 30 August 1996 on the commercialisation and privatisation (Journal of laws of 2002 No. 171, poz. 1397 and # 240, poz. 2055 and 2003 No. 60, item 535) article. 2. in paragraph 5 (b). (c) is replaced by the following: "(c)) people who worked at least ten years in the komercjalizowanym State enterprise or in the company, which was privatised by bringing to the company, and the termination of employment occurred as a result of retirement or disability pension or for reasons of non-employees".


Article. 22. [Act professional and social rehabilitation and employment of persons with disabilities] in the Act of 27 August 1997 on the professional and social rehabilitation and employment of persons with disabilities (Dz. u. Nr 123, poz. 776, as amended. 6)) article. 38 paragraph 2. 2 shall be replaced by the following: "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. 23. [Act on the adjustment of coal mining to the functioning of the market economy] in the law of 26 November 1998 on the adjustment of coal mining to the functioning of the market economy and the special powers and tasks of the mining municipalities (OJ No 162, item 1112, as amended. 7)) article. 20(2). 5 shall be replaced by the following: "5. the powers referred to in paragraph 1. 1, do not restrict the permissions specified in the rules about the specific rules for resolving labor relations with employees for reasons of non-employees. ".

Article. 24. [Act on the Government Protection Office] in the law of 16 March 2001 of the Government Protection Office (Journal of laws No. 27, item 298 as amended, 8)) article. 38 in paragraph 1. 3 paragraph 2 shall be replaced by the following: "2) other powers provided for workers made redundant from employment during parental leave, for reasons not involving employees.".

Article. 25. [Act on the restructuring of the iron and steel] in the law of 24 August 2001 on the restructuring of the iron and steel (Journal of laws No. 111, item 1196 and 2003 # 56, item 495) article. 15 paragraph 1. 4 shall be replaced by the following: "4. The employee steel mills or PHS S.A. to the licensee of the rights referred to in paragraph 1. 1, is not entitled to online check-in money, referred to in the rules about the specific rules for resolving labor relations with employees for reasons of non-employees. ".

Article. 26. [the law on internal security agency and foreign intelligence agency] in the law of 24 May 2002 on the Agency of internal security and Intelligence Agency (Journal of laws No. 74, item 676) article. 64 in paragraph 1. 3 paragraph 2 shall be replaced by the following: "2) other powers provided for workers laid off from work at the time of parental leave for reasons of non-employees.".

Article. 27. [law on public aid for companies of particular importance for the labour market] in the law of 30 October 2002 on State aid to businesses of particular interest to the labour market (OJ No 213, poz. 1800) art. 39 is replaced by the following: "Article. 39. After coming to a decision on the restructuring of the labour relations in the workplace the trader shall apply mutatis mutandis the provisions of different laws regulating the effects of bankruptcy in terms of labour relations ".

Article. 28. [the proceedings for resolving labour relations] 1. Ongoing at the date of entry into force of the Act of proceedings relating to termination of employees of labour relations on the basis of the provisions of the Act referred to in article 1. 29 shall apply existing provisions.

2. Employees whose employment relationships are the solution starting from the date of entry into force of the Act, following the proceedings referred to in paragraph 1. 1, check-in money on the principles set out in the existing regulations, unless the financial clearance of the possibility under this Act is more favourable for them.

3. employees receiving the allowance on the date of entry into force of the Act, who would not be entitled to a compensatory allowance under this Act, shall retain the right to this allowance on the principles set out in the existing regulations.

Article. 29. [the provisions repealed] is repealed the Act of 28 December 1989, with special rules for resolving labor relations with employees for reasons related to the workplace (Journal of laws of 2002 No. 112, item. 980, No 135, item 1146 and # 200, item 1679 and from 2003, no. 90, item 844).

Article. 30. [entry into force] this Act shall enter into force on 1 January 2004, with the exception of article. 15, which shall enter into force on 1 July 2003.



 

 

 

1) this Act shall be made in its regulation of the implementation of Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective redundancies (OJ. EC-L 225 12.08.1998 with).

The data relating to the Declaration of the European Union, in this Act – 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.

2) Changes the consolidated text of the said Act were announced in the journal of laws of 2002 No. 74, item. 676, # 81, item. 732, # 113, item. 984 and 985, no. 156, item. 1301, No 166, item. 1363, # 199, item. 1673 and # 200. 1679 and 1687, and from 2003, no. 45, item. 391.3) a change in the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and No. 162, item. 1118, 2000 # 12, item. 136, no. 19, item. 239, no. 22, item. 291 and # 122, item. 1323, 2001 # 111, item. 1194, no. 128, item. 1404, No 144, item. 1615 and # 154, poz. 1794 and 1795, and from 2002, No 4, item. 32, no. 113, item. 984 and # 240. 2052.4) amendments to the consolidated text of the said Act were announced in the journal of laws of 2002, no. 19, item. 185, no. 74, item. 676, # 81, item. 731, # 113, item. 984, no. 115, item. 996, no. 153, item. 1271, no. 176, item. 1457 and # 200. 1688.5) amendments to the consolidated text of the said Act were announced in the journal of laws of 2000 No. 22, item. 270, no. 60, item. 703, no. 70, item. 816, no. 104, item. 1104, no. 117, item. 1228 and # 122, item. 1324, 2001 # 4, item. 27, # 8, item. 64, No 52, item. 539, # 73. item. 764, no. 74, item. 784, no. 88, item. 961, no. 89, item. 968, # 102, item. 1117, no. 106, item. 1150, no. 110, item. 1190, no. 125, item. 1363 and 1370 and # 134. 1509, from 2002, no 19, item. 199, # 25, poz. 253, no. 74, item. 676, no. 78, item. 715, no. 89, item. 804, No 135, item. 1146, no. 141, item. 1182, No 169, item. 1384, no. 181, item. 1515, # 200, item. 1679 and # 240. 2058, and from 2003, no. 7, item. 79, no. 45, item. 391 and No. 65, item. 595.6) amendments to the Act were announced in the journal of laws of 1997, no. 160, item. 1082, 1998, no. 99, item. 628, no. 106, item. 668, # 137, poz. 887, no. 156, item. 1019 and No. 162, item. 1118 and 1126, 1999 No. 49, item. 486, no. 90, item. 1001, no. 95, item. 1101 and No. 111, item. 1280, 2000, no. 48, item. 550 and No. 119, item. 1249, 2001 # 39, item. 459, no. 100, item. 1080, no. 125, item. 1368, no. 129, item. 1444 and # 154, poz. 1792 and 1800, 2002 No. 169, item. 1387, # 200, item. 1679 and 1683 and # 241. 2074 and 2003. # 7. 79.7) amendments to the Act were announced in the journal of laws of 2001, no. 5, item. 41 and # 154, poz. 1802 and from 2002 No. 216, item. 1826 & # 238, item. 2020.8) amendments to the Act were announced in the journal of laws of 2001, no. 106, item. 1149, 2002 No. 74, item. 676 and No 153, item. 1271 and 2003 No 52, item. 451. [1] Article. 7 in the version set by the article. 6 of the Act of 6 December 2008 amending the law – the labour code and certain other laws (Journal of laws. # 237, item. 1654). the amendment entered into force on 1 January 2009.

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