Regulation Of The Minister Of Labour And Social Policy Of 17 July 2012 On The Occupational Activity Establishments

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 17 lipca 2012 r. w sprawie zakładów aktywności zawodowej

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On the basis of article. 29. 4 of the Act of 27 August 1997 on the professional and social rehabilitation and employment of persons with disabilities (OJ of 2011 No. 127, item 721, as amended. 2)) are managed as follows: § 1. The regulation defines: 1) detailed the manner, mode and conditions of creating, funding and operation of establishments employment, hereinafter referred to as "undertakings";

2) working time and rehabilitation of people assigned to a significant or moderate degree of disability;

3) how to create and use of Fund activity.

§ 2. 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", in the appropriate organizational unit of local Government of the request for funding of the State Fund rehabilitation of disabled persons, hereinafter referred to as "the Fund", the costs of the establishment and operation of the plant, including the cost of manufacturing operations or services, hereinafter referred to as "the proposal".

2. the application shall contain: 1) the name and registered office Organizer;

2) legal status and basis for action the Organizer;

3) statutes of the Organizer;

4) address and evidence of legal title to the property or premises for the company;

5) the proposed number of disabled workers of the plant, along with the determination of the extent and nature of their disability;

6) plan and the type of manufacturing operations or services and the scope of the planned professional and social rehabilitation of disabled workers;

7) the proposed height of the monthly wage of disabled employees in the plant: a) significant disability, b) 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 of the Act of 27 August 1997 on the vocational rehabilitation and social and employment of persons with disabilities, hereinafter referred to as the "Act", took the view to justify taking employment and the continuation of vocational rehabilitation in sheltered employment conditions – hereinafter referred to as "persons with disabilities training to a significant or moderate degree of disability", expressed as a percentage of the minimum remuneration for work specified in the provisions of the minimum wage for the work, hereinafter referred to as the "minimum wage";

8) the proposed appointment of the etatową plant, detailing the number of posts and the required qualifications of employees within the managerial personnel, administrative, rehabilitation and control, hereinafter referred to as "plant personnel";

9) an estimate of the cost of the establishment of the plant, taking into account the allocation of the various types of costs referred to in § 7, of the calculation or other reasons adopted;

10) an estimate of the cost of operation of the plant, with the various types of costs referred to in paragraph 8, of the calculation or other reasons adopted;

11) plan of the premises of the plant and the project adapt objects and premises to the needs of manufacturing operations or services in the establishment and their adaptation to the needs and capabilities of disabled workers of the plant arising from their disability;

12) design rules and rules of Fund activity.

3. In the case of deficiencies in the Organizer request the competent organizational unit of Government calls to complete them within 14 days from the date of notification. Nieuzupełnienie these shortcomings causes leave application without consideration.

4. the competent organizational unit of Government shall submit an application to the competent people who helped, that within 14 days give an opinion about the need for the establishment of the plant.

5. After obtaining the opinion of the competent organizational unit of Government shall act on the proposal in terms of the regularity of the planned costs of the establishment and operation of the plant, taking into account, in particular: 1) the amount of the resources of the Fund in a given year;

2) the number of persons with disabilities in a significant or moderate degree of disability;

3) contribution to the Organizer in the establishment of the plant.

§ 3. 1. Within 30 days from the date of receipt of the opinion of the competent organizational unit of Government shall inform the Organizer about the examination of the application, and then in the case of a positive examination within 30 days from the date of notification of the Organizer – leads from the organizer of the negotiations on the terms of the agreement for funding from the Fund the costs of the establishment and operation of the plant, hereinafter referred to as "the agreement", and the amount of grants from the Fund.

2. After the positive conclusion of the negotiations referred to in paragraph 1. 1, pages include a contract that specifies in particular: 1) height, the term and the way the Fund intended for the creation of a permanent establishment, broken down by different types of costs;

2) height, the term and the way in which the resources of the Fund for the operation of the plant by the end of the calendar year concerned, broken down by different types of costs;

3) forms information about disbursed Fund measures and the measures derived from other sources;

4) conditions of the renegotiation of the agreement;

5) term insurance and fixed assets equipment funded from the resources of the Fund.

3. The Contracting Parties shall determine each year, not later than 30 November, in the form of an addendum to the contract, the amount of the resources of the Fund for the operation of the plant in the next year, taking into account the allocation of the various types of costs funded from the resources of the Fund.

4. In the contract or in the annex to the agreement to be concluded annually between the organiser and the Government of the province of local government funding of the costs of the operation of the plant shall be in particular: the amount, term, and the way in which the measures of Government allocated to the operation of the plant, with the various types of costs.

5. the agreements referred to in paragraph 1. 3 and 4, expire on the loss by the status of the establishment of professional activity.

§ 4. 1. Once you have created an establishment the organizer shall submit to the national labour inspection request for the establishment of circumstances referred to in article 1. 28 paragraph 1. 1 paragraph 2 of the Act.

2. Following the confirmation by the State labour inspection to meet the circumstances referred to in article 1. 28 paragraph 1. 1 point 2 of the Act, the organizer shall submit to the competent provincial Governor to be granted the status of plant activity, along with evidence of compliance by the establishment of the conditions set out in art. 29. 1 and 1a of the Act.

§ 5. 1. After receipt of the decision on the granting of the status of the establishment of professional activity organiser consists of a copy of it in the appropriate organizational unit of local government, with an application to mobilise the Fund for funding the costs of operation of the plant, in accordance with the agreement.

2. in the case of a refusal to grant the status of plant activity organiser returns immediately funds received from the Fund, in accordance with the agreement.

§ 6. An estimate of the cost of operation of the plant for the next year the Organizer consists of in the appropriate organizational unit of self-government until 30 September of the year preceding the year for which the estimate applies.

§ 7. As part of the cost of the creation of the plant from the resources of the Fund can be financed: 1) adaptation to the needs of people with disabilities production premises or premises for the provision of services and social and rehabilitation;

2) purchase of rehabilitation equipment;

3) facilities and for rehabilitation, which is producing or service activities, and preparation of work stations, including the purchase of machines, tools and equipment required to operate the production or provision of services;

4) purchase of raw materials and the materials needed to start manufacturing activities or the exercise thereof;

5) the purchase or hire of means of transport.

§ 8. 1. the costs of operation of the plant from the resources of the Fund can be financed: 1) salaries of persons with disabilities in a significant or moderate disability, up to 100% of the minimum wage, in proportion to the working hours specified in the employment contract, pursuant to article 18. 15 paragraph 1. 2 of the Act;

2) staff remuneration;

3 additional annual pension, severance pay) and post-mortem and Jubilee;

4) social insurance contributions payable by the employee and the employer, health insurance contributions from employees and the contributions to the Fund of guaranteed employee benefits and jobs Fund due from the employer, calculated from the amounts referred to in paragraphs 1 to 3;

5) materials, energy, services, material and intangible services;

6) transportation and delivery of disabled workers;

7) training of persons with disabilities in a significant or moderate degree of disability related to preparing them to work in the open labour market or business manufacturing or service establishment;

8) personnel training;


9) copies to the benefit fund's share or the payment of benefits, shall be made on the basis of separate regulations;

10) replacement of depreciated machinery and equipment necessary to carry out the production or provision of services;

11) replacement of machinery and equipment in connection with the change of the business profile: a) the plant, b) with the introduction of technical or technological improvements;

12) other necessary for the implementation of the rehabilitation, operation and pursuit of the business of manufacturing or services industries.

2. The costs of manufacturing operations or services the plant carried out by persons with disabilities to be significant or moderate disability funded from the sale of products or services include: 1) salaries of persons with disabilities in a significant or moderate disability, calculated on the basis of a fixed percentage of the minimum wage index in the negotiation process;

2) rewards and bonus for people with disabilities in a significant or moderate disability, up to 30% of the monthly salary referred to in paragraph 1;

3) social security contributions due from the employer, health insurance premiums from workers and the contributions to the Fund of guaranteed employee benefits and jobs Fund due from the employer, calculated from the amounts referred to in paragraphs 1 and 2;

4) materials, energy, services, material and intangible services necessary to carry out manufacturing activities or the exercise thereof;

5) repair of machinery and equipment and the necessary exchange of machine parts and equipment necessary to carry out the production or provision of services.

§ 9. In the case of disposal of machinery and equipment: 1) depreciated, 2) unnecessary in relation to: (a)) with the change of the profile of the business establishment, b) with the introduction of technical improvements or technological – acquired from the Fund Organizer earmarks obtained in this way, measures for the purchase of machinery and equipment necessary to continue conducting business, subject to § 18.

§ 10. 1. The Fund, referred to in § 3. 3, are submitted to the bank account of the Organizer in accordance with the agreement, in half-yearly instalments, however, not later than: 1) on the 15th day of the month beginning the first half;

2) 5 day of the month beginning the second semester.

2. Organizer: 1) leads an individual accounting records received funding from the Fund for the operation of the plant, including the costs of these measures, subject to § 18;

2) passes the correct organizational unit of Government about the measures spent Fund and the measures obtained from other sources, in the quarterly, no later than the 5th day of the month beginning next quarter, in a form agreed in the contract;

3) consists of the correct organizational unit of self-government: a) the settlement of annual use of the resources of the Fund, along with its substantive justification, b) information about disbursed all measures used to bet in a given year, taking into account the resources of the Fund and funds from other sources, no later than 15 March of the year following the year for which consists of settlement;

4) provides at the request of the competent organizational unit of local Government of the province to review the annual financial statements, subject to § 18.

3. After the approval of the settlement of the annual use of the resources of the Fund, the competent organizational unit of Government may make an adjustment amounts for the following year.

§ 11. 1. The working time of persons with disabilities in a significant or moderate degree of disability is at least 0.55 working hours referred to in article 1. 15 of the Act.

2. the working time of persons with disabilities in a significant or moderate degree of disability may be at the request of the team, referred to in § 13, increased to a height of 0.8 working hours referred to in article 1. 15 of the Act.

§ 12. 1. Time rehabilitative disabled credited to a significant or moderate degree of disability shall be not less than 60 minutes a day and can be extended to 120 minutes a day at the request of the rehabilitation staff of the establishment.

2. rehabilitation activities can participate also people with disabilities included in a significant or moderate degree of disability within the staff of the establishment.

3. rehabilitation Activities take place outside of working hours of the disabled person bears to a significant or moderate degree of disability rehabilitation uses.

§ 13. 1. Plant Manager creates a team of software out of the staff of the establishment.

2. the software team manager may appoint non-professionals employees of the plant, in particular: 1) professional advisor, 2) psychologist, 3) job coach-commanding them to the tasks referred to in paragraph 1. 3 and 5-8.

3. software Team develops, and plant manager approves, individual programs, professional and social rehabilitation of persons with disabilities in a significant or moderate degree of disability to achieve optimal level of participation of these people in the social and professional life, specifying in particular: 1) diagnosis of the situation of social and professional disabled person bears to a significant or moderate degree of disability;

2) the objective of an individual rehabilitation program and the expected results of its implementation;

3) type of planned activities and a timetable for their implementation;

4) evaluation of progress in the implementation of individual rehabilitation program;

5) persons responsible for the implementation of individual rehabilitation program.

4. individual professional and social rehabilitation programs are developed with the participation of people with disabilities included in a significant or moderate degree of disability, which these programs.

5. In justified cases, the programming team is developing an individual professional and social rehabilitation programmes for forming part of the staff establishment of disabled persons included in a significant or moderate degree of disability.

6. software shall periodically, at least once a year, evaluate the effects of rehabilitation, including professional and social prowess, disabled persons included in a significant or moderate degree of disability, as well as, where appropriate, modify the individual professional and social rehabilitation programs and determines the possibilities and forms of further rehabilitation after the implementation of these programmes.

7. In relation to people with disabilities in a significant or moderate degree of disability, which have reached a sufficient level of efficiency of the social and professional, head of the Department, with the participation of the programme team and these people evaluate the possibilities and develop employment in order to plan another employer.

8. on the basis of the plan referred to in paragraph 1. 7, plant manager supports disabled person notice is hereby given to a significant or moderate disability in search of a suitable place of work, working in this field with the right for the place of residence of the District Employment Office.

§ 14. 1. activity fund Share is created with the measures referred to in article 1. 31 para. 4 of the Act and article. 38 paragraph 2. 2 paragraph 2 (a). (a) the Act of 26 July 1991 on income tax from natural persons (Journal of laws of 2012.361, as amended. 3)).

2. the resources of the Fund are collected on a separate bank account and recorded by the Organizer, subject to § 18.

§ 15. 1. From the activity fund measures may be financed by expenditure relating to: 1) the streamlining and extra instrumentation jobs, supporting independent functioning in an establishment of disabled persons included in a significant or moderate degree of disability;

2) improvement of the working conditions and the rehabilitation of disabled persons included in a significant or moderate degree of disability;

3) improving social conditions and hygiene;

4) purchase of hardware and equipment to help a person with a disability to bears to a significant or moderate disability in an independent life and participation in social life in the local environment;

5) using in the preparation of people with disabilities included in a significant or moderate degree of disability to work outside and the alignment of their chances in the new place of work;

6) education, retraining and training people with disabilities in a significant or moderate degree of disability;

7) using in the preparation, construction, renovation and equipment of individual and collective forms of sheltered housing for people with disabilities in a significant or moderate degree of disability that are not back in their own family or that them become independent;

8) recreation and participation of people with disabilities included in a significant or moderate disability in cultural life;


9) using in meeting other social needs or social rehabilitation of persons with disabilities in a significant or moderate degree of disability;

10) purchase and repair of individual rehabilitation equipment, medical devices, including orthopaedic devices and AIDS, equipment and technical tools necessary for rehabilitation and to help you perform vital people with disabilities passing to a significant or moderate degree of disability;

11) purchase of medicines and other necessary medical resources for people with disabilities in a significant or moderate degree of disability;

12) the exercise by persons other than employees of the plant services provide assistance during working hours for persons with disabilities passing to a significant or moderate degree of disability in activities of self-service or cilities, impossible or difficult to implement by those persons;

13) the payment of the remuneration of non-professionals employees referred to in § 13 para. 2, in connection with the development and implementation of individual programs, professional and social rehabilitation.

2. the aid referred to in paragraph 1. 1, paragraphs 4 and 6-11, may be granted in the form of non-repayable assistance or in the form of an interest-free loan and direct purchases.

3. at the request of a disabled person bears to a significant or moderate disability loan can be remitted, if used as intended.

4. the amount of the monthly wage of the person discharging managerial support service referred to in paragraph 1. 1, point 12, is the product of the 20% of the amount of the minimum salary and the number of employees covered by the means of a month.

5. The maximum amount of the monthly salary referred to in paragraph 1. 4, may not exceed 100% of the minimum wage.

6. the maximum amount of remuneration referred to in paragraph 1. 1 paragraph 13, a month may not exceed 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, as amended. 4)).

§ 16. 1. the organizer shall draw up and approve the rules of activity of the Fund specifying in particular the procedure and rules for the allocation of resources of the Fund for the expenses referred to in section 15.

2. activity fund Measures designed to improve working conditions and rehabilitation and the social conditions of hygiene and sanitation, referred to in § 15 paragraph 1. 1 point 2 and 3, shall not exceed 40% of the annual revenues of this Fund in the previous year.

3. the expenditure referred to in § 15 paragraph 1. 1, paragraphs 4 and 6-9, may be incurred in connection with the development, implementation and modification of individual programs, professional and social rehabilitation of persons with disabilities in a significant or moderate degree of disability, and the implementation of the plan of employment with the new employer.

§ 17. The expenditure referred to in paragraph 15, should be made in a targeted and efficient, taking into account the optimum methods and means of implementation in relation to the intended effects.

§ 18. If the Organizer is a municipality or County, the provisions of § 9, § 10 paragraph 1. 2, paragraph 1 and 4 and § 14 paragraph 2. 2 apply to the OU directly that fulfills the tasks from the resources of the Fund.

§ 19. Repealed the Ordinance of the Minister of labour and social policy of 14 December 2007 in the case of establishments labour force (Journal of laws No. 242, poz. 1776).

§ 20. This Regulation shall enter into force one month from the date of the notice.



Minister of labour and social policy: Kosiniak-Kamysz 1) Minister of labour and social policy directs Government Administration Department – social security, on the basis of § 1 para. 2 paragraph 2 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) Changes the consolidated text of the said Act were announced in the journal of laws of 2011 # 171, poz. 1016, no. 209, item. 1243 and 1244 and # 291. 1707.3) a change in the consolidated text of the said Act were announced in the journal of laws of 2012. 362, 440, 596 and 769.

4) Changes the consolidated text of the said Act were announced in the journal of laws of 2010 # 40. 224, no. 134. 903, # 238, item. 1578 and # 257, item. 1726, 2011 # 75, item. 398, # 149. 887, # 168, item. 1001, no. 187. 1112 and # 205. 1203, and from 2012. 118, 251, 637 and 664.

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