The Ordinance Of The Minister Of Labour And Social Policy Dated January 7, 2009 On The Organization Of The Work Of The Intervention Of Public Works And A One-Time Refund Of Costs In Respect Of Paid Social Insurance Contributions

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 7 stycznia 2009 r. w sprawie organizowania prac interwencyjnych i robót publicznych oraz jednorazowej refundacji kosztów z tytułu opłaconych składek na ubezpieczenia społeczne

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On the basis of article. 60 of the Act of 20 April 2004 on promotion of employment and labour market institutions (Journal of laws 2008 No. 69, item 415, as amended. 2)) are managed as follows: § 1. The regulation sets out detailed way and to organize the work of the intervention of public works, a one-time refund of costs paid social security premiums incurred in connection with the employment of unemployed, the proposal of organizing public works, emergency work and the procedure for and conditions of concluded contracts with eligible employers.

§ 2. Emergency works may not be arranged by the employer in difficulty within the meaning of article 3. 1 paragraph 7 of Commission Regulation (EC) No 800/2008 of 6 August 2008 recognising certain types of aid compatible with the common market in application of article 6. 87 and 88 of the Treaty (OJ. The EU L 214 from 09/08/2008, p. 3), hereinafter referred to as "Commission Regulation (EC) No 800/2008", and the Community guidelines on State aid for rescuing and restructuring firms in difficulty (OJ. C 244 of 2004-10-01, p. 2).

§ 3. Emergency works may not be organized by employers who are: 1) the parties or political organisations;

2) members or senatorami for offices poselsko-WINS;

3) organizations of trade unions, with the exception of authorized to engage in trade union recruitment offices work and clubs;

4) employers ' organisations, with the exception of authorized to conduct job placement offices and clubs;

5) Central State administration bodies, primates and offices;

6) churches or religious associations, with the exception of legal persons and organizational units referred to in article 1. 3 paragraphs 1 and 2. (3) section 1 of the Act of 24 April 2003 on the activities of nonprofit and voluntary service (Journal of laws No. 96, item 873, as amended. 3));

7) representations of foreign States.

§ 4. The organizer of public works may indicate the employer, which shall be carried out under public works. Public works to the organizer and the specified employer provision of § 2 shall apply mutatis mutandis.

§ 5. 1. the employer shall submit an application for organizing the work of the selected intervention district labour office.

2. the organiser of public works shall submit an application for the organisation of public works to the district labour office proper due to the place of these works.

3. the application referred to in paragraph 1. 1 and 2, should include: 1) the name of the employer of the applicant organisation of the work of the intervention or public works Organizer, address of head office and place of business;

2) received the identification number in the national register of national economy entities REGON;

3) tax identification number NIP;

4) indication of the organizational and legal forms of business;

5) number of unemployed proposed for employment in the framework of interventions or public works and the period of employment;

6) place and type of work to be done by targeting the unemployed, necessary or desirable qualifications and other requirements;

7) the amount of the proposed salaries for targeting the unemployed and applied for the amount of reimbursable employment targeted at the unemployed;

8) where the organizer of public works will not be at the same time the employer for targeting the unemployed-an indication of the employer and the address of its Office and place of business.

4. the employer referred to in paragraph 1. 1, joins the statement of proposal meeting the conditions referred to in § 2.

5. the provision of paragraphs 1 and 2. 4 shall apply mutatis mutandis to the organizer of public works and the designated employer.

6. The Governor, within 30 days from the day of deposit of an application containing the information referred to in paragraph 1. 3, together with a declaration referred to in paragraph 1 shall be respectively. 4 and 5, shall notify the applicant of the application and consideration of the decision.

§ 6. 1. The Governor includes the employer an intervention works or the organizer of the public works, or designated by the organizer of the public works contract employer setting out in particular: 1) the number of the unemployed and the period for which they are employed;

2) type and place of work interventions or public works and the necessary or desirable qualifications of the unemployed;

3) and the amount refunded from the Labour Fund starost wage costs, rewards and social security contributions;

4) the obligation to inform the starost of cases of early termination of the employment contract with facing the unemployed.

2. where the organizer of public works shall be granted advance payment from the Fund of work referred to in article 14(2). 57 paragraph 3. 3 of the Act of 20 April 2004 on promotion of employment and labour market institutions, hereinafter referred to as "the Act", the contract should specify the deadline for the transfer of the advance, no earlier than 5 days before the date on which the payment is granted, allowing the timely payment of salaries facing the unemployed and the payment of social security contributions and settlement of that advance.

3. the amount of the advance payment referred to in paragraph 1. 2, may not exceed the amount of public works subject to organise due a refund for the month, salaries and social security contributions in respect of employment aimed at the unemployed.

§ 7. 1. The agreement on the organisation of the work of the intervention or public works should include the obligation to return the received the refund of the costs incurred for salaries, rewards and social security contributions, together with interest calculated on the basis of the laws of the whole amount of the aid granted from the date of payment of the first amount of resources made available within a period of 30 days from the date of receipt in the case of disputes: 1) submission of a non-statement, referred to in § 5 paragraph 2. 4 and 5;

2) breach of the condition referred to in section 12(1). 3 and 4.

2. If the contract for organizing the work of the intervention or public works was terminated during the refund of the costs incurred for salaries, rewards and social insurance contributions, in view of the fact that unemployed directed by emplyment created job terminated the contract of employment on their own initiative, and there is no possibility of another appropriate referrals of unemployed persons to create a workplace, the employer or the organizer of public works , or indicated by the employer, with which it contracted, there is no obligation to repay the refund of the costs incurred for salaries, rewards and social security contributions received for the period up to the date of termination of the contract of employment by the unemployed.

3. the provision of paragraphs 1 and 2. 2 shall apply mutatis mutandis in the event of the expiry of the contract of employment with facing the unemployed.

4. The agreement on the organisation of emergency work may include an obligation to grant a one-time employer of the refund referred to in article 1. paragraph 51. 4 of the Act, in the amount stated in the contract, subject to the conditions laid down in that provision.

5. the employer, which directed the unemployed will perform the intervention works, and organizer of public works or the designated employer, which will be made public works, include the unemployed with employment contracts.

§ 8. 1. the contract referred to in article 14(2). 47 of the Act, sets out in particular: 1) the number of the unemployed and the period for which they are employed;

2) type and place of work and the necessary or desirable qualifications of the unemployed;

3) term and the amount of the refund to be paid from the Fund;

4) the obligation to inform the starost of cases of early termination of the employment contract with facing the unemployed;

5) obligation to repay amounts paid refunds in the case of the use of resources in accordance with the agreement and the procedure and the date of this return.

2. the provision of § 7 paragraph 1. 1 shall apply mutatis mutandis.

§ 9. 1. the refund of the costs of salaries, awards, social security contributions and a one-off refund of social security contributions referred to in regulation, State aid is in the form of wage subsidies for the recruitment of disadvantaged workers and severely disadvantaged referred to in chapter I, article 1. 40 and chapter III of Commission Regulation (EC) No 800/2008 and is provided in accordance with the provisions of this regulation.

2. the provisions of section 7(1). 1 point 2 and § 10-15 on State aid apply to the beneficiaries of the aid within the meaning of the Act of 30 April 2004, the proceedings in matters relating to public aid (OJ 2007 No. 59, item 404, and 2008 No 93, poz. 585).

3. in the case of the indications referred to in paragraph 4, the aid beneficiary is indicated by the employer, if in accordance with the concluded agreement will obtain the refund of the costs of salaries, rewards and social security contributions for targeting the unemployed.

§ 10. 1. By an employee in the disadvantaged should be understood as the person referred to in article 14(2). 2 paragraph 18 of Commission Regulation (EC) No 800/2008.

2. The employee is located in a very disadvantaged should be understood as the person referred to in article 14(2). 2 paragraph 19 of Commission Regulation (EC) No 800/2008.

§ 11. 1. The costs eligible for aid in the form of wage subsidies for the recruitment of disadvantaged workers and severely disadvantaged are borne by the employer payroll costs for new personnel, consisting of: 1) gross pay and 2) paid from the remuneration mandatory social insurance contributions – for a period of 12 months in the case of employees referred to in § 10 (3). 1, and for a period of 24 months in the case of employees referred to in § 10 (3). 2.


2. the maximum gross aid intensity for the recruitment of disadvantaged workers and severely disadvantaged may not exceed 50% of the costs eligible for the aid referred to in paragraph 1. 1. § 12. 1. aid in the form of wage subsidies for the recruitment of disadvantaged workers and severely disadvantaged is granted if the created workplace causes a net increase in the overall number of employees: 1) on the employer and 2) number of employees located in a particularly negative and very negative situation – in comparison with the average of the last 12 months.

2. The fulfilment of the condition referred to in paragraph 1. 1, paragraph 1, is not required in the cases referred to in article 1. 40 paragraph 1. 4 of Commission Regulation (EC) No 800/2008.

3. a staff member engaged in aid in the form of wage subsidies for the recruitment of disadvantaged workers shall be entitled to continuous employment for a period of 12 months, (a) an employer may terminate a contract of employment only in the event of a breach of duties by the employee.

4. the aid worker in the form of wage subsidies for recruitment of workers in very disadvantaged is entitled to continuous employment for a period of 24 months, and an employer may terminate a contract of employment only in the event of a breach of duties by the employee.

5. in the event of a breach of the condition referred to in paragraph 1. 3 and 4 of the return referred to in section 7(1). 1, in proportion to the period during which the specified condition is met.

§ 13. In the case where the amount of the aid, on the basis of this regulation, and in one year for one company exceeds 5 million, it is necessary to make an individual notification of the plan to grant aid.

§ 14. 1. the employer intending to obtain public assistance includes assisting authority a statement of fulfilment of the conditions referred to in the regulation, on the admissibility of granting state aid. The employer shall submit a detailed documentation of costs eligible for assistance.

2. The authority granting the aid shall inform the beneficiary of the aid of the reference number of the aid scheme.

§ 15. 1. for contracts concluded before the entry into force of the regulation shall apply recipes.

2. applications for organizing intervention works and public works, getting a one-time refund of costs paid social security premiums incurred in connection with the employment of unemployed filed and pending before the date of entry into force of the regulation shall be on the basis of this regulation.

§ 16. Repealed the Ordinance of the Minister of labour and social policy of 19 April 2007 on the Organization of the work of the intervention of public works and a one-time refund of costs in respect of paid contributions to the social insurance (Journal of laws No. 76, item 510).

§ 17. This Regulation shall enter into force on the date of the notice.



Minister of labour and social policy: j. Fedak 1) Minister of labour and social policy is guided by our Government-work, on the basis of § 1 paragraphs 1 and 2. 2 paragraph 1 of the regulation the President of the Council of Ministers of 16 November 2007 on the detailed scope of the Minister of labour and social policy (OJ No 216, 1598).

2) revision of the text of the single listed the Bill were announced in OJ 2008 No. 70, item. 416, no. 134, poz. 850, Nr 171, poz. 1056, no. 216, item. 1367 and no. 237, poz. 1654.3) of the said law were published in OJ of 2004 No. 64, item. 593, Nr 116, poz. 1203 and no. 210, poz. 2135, 2005 No. 155, poz. 1298, no. 169, item. 1420, no. 175, poz. 1462 and No 249, item. 2104, 2006 no. 94, item. 651 and 2008 No 209, item. 1316.

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