Key Benefits:
REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 7 January 2009
on the organisation of intervention works and public works and a one-off reimbursement of costs for paid social security contributions
On the basis of art. 60 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2008 Nr 69, pos. 415, of late. 1. 2) ) The following shall be managed:
§ 1. The Regulation lays down detailed rules and arrangements for the organisation of intervention and public works, a one-off reimbursement of the costs of paid social security contributions incurred in connection with the employment of the target group. the unemployed, the content of the application for the organisation of public works, the intervention work and the conditions and conditions of the contracts concluded with the eligible employers.
§ 2. Intervention shall not be organised by an employer in a difficult economic situation within the meaning of the Article. 1 point 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 the Article 87 and 88 of the Treaty (Dz. Urz. EU L 214 of 09.08.2008, str. 3), hereinafter referred to as "Commission Regulation (EC) No 800/2008", and of the Community guidelines on State aid for rescuing and restructuring firms in difficulty (Dz. Urz. EU C 244 of 01.10.2004, p. 2).
§ 3. The intervention works may not be organised by employers who are:
1) lots or political organizations;
2. Members or senators for the office of poseland senatorskich;
3. trade union organisations, with the exception of the work of the labour offices and of the work clubs, which are authorised to carry out work;
4) employers ' organisations, with the exception of authorised offices of offices and job clubs;
5) the offices of the primates and central authorities of the state administration;
6) churches or religious associations, excluding the legal persons and organizational units referred to in art. 3 para. 3 point 1 of the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. Nr 96, pos. 873, of late. 1. 3) );
(7) the representation of foreign countries.
§ 4. The organiser of the public works can indicate the employer who will be doing the public works. § 2 shall apply mutatis mutandis to the organiser of the public works and the employer.
§ 5. 1. The employer shall submit an application for the organisation of the intervention works to the elected district labour office.
2. The Organizer of Public Works shall submit an application for the organisation of public works to the district labour office competent due to the place of execution of these works.
3. The application referred to in paragraph 1. 1 and 2, should include:
1) the name of the employer applying for the organisation of the intervention works or the organizer of public works, the address of the place of establishment and the place of business;
2) the identification number given in the national register of entities of national economy REGON;
3) the NIP tax identification number;
4) the designation of the organizational and legal form of the business;
5) the number of unemployed persons proposed for employment in the context of emergency work or public works and the period of employment;
6) the place and type of work to be carried out by the directed unemployed, necessary or desirable qualifications and other requirements;
(7) the amount of the proposed remuneration for the unemployed and the requested amount of reimbursable remuneration for the employment of the unemployed;
(8) where the organiser of the public works does not at the same time be an employer for the unemployed, an indication of the employer and the address of his place of business and of his place of business.
4. The employer referred to in paragraph. 1, shall attach to the application a declaration of compliance with the conditions referred to in § 2.
5. Paragraph Recipe 4 shall apply mutatis mutandis to the organiser of the public works and the employer designated.
6. The Starosta shall within 30 days from the date of submission of the application containing the information referred to in paragraph. 3, together with the statement referred to respectively in the paragraph. 4 and 5, shall inform the applicant of the examination of the application and of the decision.
§ 6. 1. The Starosta shall include with the employer arranging the intervention works or the organizer of public works, or indicated by the organizer of public works, the employer of the contract specifying in particular:
1) the number of unemployed persons and the period for which they will be employed;
2) the type and place of the intervention works or public works performed and the necessary or desirable qualification of the unemployed;
3) the terms and amounts reimbursed from the Labour Fund by the starostomy of the costs of salaries, prizes and social security contributions;
4) the obligation to inform the starost about cases of early termination of the employment contract with the unemployed.
2. In the event that the organiser of the public works will be awarded an advance from the funds of the Labour Fund referred to in art. 57 (1) 3 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Act', the contract should specify the time limit for the transfer of the advance, not earlier than 5 days before the date of payment for which it is granted, enabling the timely payment to be made the remuneration of the unemployed and the payment of social security contributions and the way in which the advance is settled.
3. The amount of the advance referred to in paragraph. 2, may not exceed the public works of the amounts subject to the refund for the month in question and the social security contributions for the employment of the unemployed.
§ 7. (1) The contract for the organisation of intervention or public works should include a commitment to reimbursement of the reimbursement of the costs incurred on salaries, rewards and social security contributions, together with the legal interest calculated from the total amount of the aid granted from the date of payment of the first amount of the funds made available, within 30 days of the date of receipt of the starost's notice in the case of:
1) making a non-compliant statement referred to in § 5 par. 4 and 5;
2) failure to meet the condition indicated in § 12 par. 3 and 4.
2. If the contract for the organisation of the intervention works or public works has been resolved during the reimbursement of the costs incurred on salaries, rewards and social contributions, given that the unemployed person is facing an unemployed person by the county office of work for the job created, it has terminated the work contract on its own initiative, and there is no possibility of directing another suitable unemployed person for the created place of work, employer or public works organizer, or The employer with whom the contract is concluded is not obliged to return reimbursement of costs incurred on salaries, rewards and social security contributions received for the period up to the date of termination of the employment contract by the unemployed person.
3. Paragraph Recipe 2 shall apply mutatis mutandis in the event of expiry of the employment contract with the unemployed person.
(4) The contract for the organisation of intervention may include an undertaking to grant an employer a single refund, as referred to in Article 3. 51 (1) 4 of the Act, at the amount fixed in the contract, after meeting the conditions set out in that provision.
(5) The employer in whom the unemployed will perform the intervention work, and the organiser of the public works or the designated employer to whom the public works will be carried out, shall include the unemployed employment contracts.
§ 8. 1. The contract referred to in art. 47 of the Act, lays down in particular:
1) the number of unemployed persons and the period for which they will be employed;
2) the type and place of the work performed and the necessary or desired qualifications of the unemployed;
3. the date and amount of the refund due from the Labour Fund;
4) the obligation to inform the starost about the cases of early termination of the employment contract with the unemployed;
5) the obligation to reimbursing the paid amounts of refunds in the case of the use of funds not in accordance with the contract and the mode and timing of that reimbursement.
2. Paragraph 7 (1) 1 shall apply mutatis mutandis.
§ 9. 1. The refund of the costs of salaries, rewards, social security contributions and the one-off reimbursement of social security contributions referred to in the regulation is public aid in the form of wage subsidies for recruitment of employees in a particularly disadvantaged and very unfavourable situation as set out in Chapter I, Article 40 and Chapter III of Commission Regulation (EC) No 800/2008, and is granted in accordance with the provisions of that Regulation.
2. The provisions of § 7 par. 1 point 2 and § 10-15 on public aid apply to the beneficiaries of the aid within the meaning of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404 and 2008 Nr 93, pos. 585).
3. In the case of the indication referred to in § 4, the beneficiary of the aid shall be indicated by the employer, if under the terms of the contract it will be obtaining the refund of the costs of salaries, prizes and social security contributions for the unemployed.
§ 10. 1. A worker who is in a particularly disadvantaged position shall be understood to mean the person referred to in Article Article 2 (2) of Commission Regulation (EC) No 800/2008.
2. A worker who is in a very disadvantageous position shall be understood to mean the person referred to in Article Point 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 a very disadvantage are borne by the employer by the wage costs of the new employees, which consist of:
(1) gross remuneration, and
2) the compulsory social security contributions paid on wages
-for a period of 12 months in the case of the employees referred to in § 10 (1). 1, and for the period of 24 months in the case of the employees referred to in § 10 par. 2.
(2) The maximum gross aid intensity for the recruitment of disadvantaged and highly disadvantaged workers may not exceed 50% of the costs eligible for the aid indicated in the paragraph. 1.
§ 12. (1) Aid in the form of wage subsidies for the recruitment of disadvantaged and highly disadvantaged workers shall be granted if the place of employment created results in a net increase:
(1) the total number of employees in the employer concerned; and
2) the number of workers in a particularly disadvantaged and very unfavourable situation
-compared to the average of the last 12 months.
2. The fulfilment of the condition referred to in paragraph. 1 point 1, shall not be required in the cases referred to in Article 1. 40 par. Article 4 (4) of Commission Regulation (EC) No 800/2008.
3. An employee hired under the aid in the form of wage subsidies for the recruitment of disadvantaged workers is entitled to continuous employment for a period of 12 months, and the employer may terminate the contract for work only in the event of a breach by employee of employee duties.
4. An employee hired under the aid in the form of wage subsidies for the recruitment of disadvantaged workers is entitled to continuous employment for a period of 24 months, and the employer may terminate the contract by work only in the event of a breach by the employee's employee duties.
5. In the case of failure to meet the condition specified in the paragraph. 3 and 4 reimbursement referred to in Paragraph 7 (1). 1, shall take place in an amount proportional to the period during which the indicated condition is not fulfilled.
§ 13. Where the amount of aid granted under this Regulation in one year for a single undertaking exceeds EUR 5 million, it is necessary to give an individual notification of the aid plan.
§ 14. (1) The employer intending to obtain public aid shall submit to the granting authority a declaration of compliance with the conditions referred to in the Regulation on the admissibility of the grant of public aid. The employer shall provide detailed documentation of the costs eligible for assistance.
(2) The aid granting authority shall inform the aid beneficiary of the reference number of the aid scheme.
§ 15. 1. The agreements concluded before the date of entry into force of the Regulation shall apply to the existing provisions.
2. Applications for the organisation of intervention and public works, obtaining a one-off reimbursement of the costs of paid social security contributions incurred in connection with the employment of the unemployed complex and unpatented before the date of entry into force of the Regulation, shall be considered under this Regulation.
§ 16. The Regulation of the Minister of Labour and Social Policy of 19 April 2007 shall be repealed. on the organisation of intervention work and public works and a one-off reimbursement of costs for paid social security contributions (Dz. U. Nr. 76, pos. 510).
§ 17. The Regulation shall enter into force on the day of the announcement
Minister of Labour and Social Policy: J. Fedak
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1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 of the Regulation of the Prime Minister of 16 November 2007. on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. No 216, item. 1598).
2) Amendments to the text of the single law have been announced in the Dz. U. of 2008 Nr 70, poz. 416, Nr 134, pos. 850, Nr 171, pos. 1056, Nr 216, pos. 1367 and No. 237, pos. 1654.
3) The amendments to the said Act were announced in Dz. U. of 2004 No. 64, pos. 593, Nr 116, pos. 1203 and No. 210, pos. 2135, of 2005. Nr 155, poz. 1298, Nr 169, poz. 1420, Nr 175, poz. 1462 and No. 249, pos. 2104, 2006 Nr 94, pos. 651 and 2008 Nr 209, poz. 1316.
