Regulation Of The Minister Of Labour And Social Policy Of 20 August 2009 On Detailed Conditions Of Assignment By The Unemployed

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 20 sierpnia 2009 r. w sprawie szczegółowych warunków odbywania stażu przez bezrobotnych

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On the basis of article. 53 paragraph 1. 9 of the Act of 20 April 2004 on employment promotion and labour market institutions (Journal of laws 2008 No. 69, item 415, as amended. 2)) are managed as follows: § 1. 1. the qualified entity, hereinafter referred to as the "Organizer" referred to in article 1. 53 paragraph 1. 1 and 8, and article. 61A paragraph. 1 of the Act of 20 April 2004 on employment promotion and labour market institutions, hereinafter referred to as the "Act", intending to organize training for the unemployed, consists of the starost of a contract application for a traineeship, containing: 1) the organiser: company or name, registered office and place of business, and the name of the person authorized to represent the Organizer;

2) number of employees in terms of full working time;

3) number of projected jobs, where the unemployed will be seniority;

4) the name and position of the guardian of the unemployed held seniority;

5) proposed duration of assignment, not less than 3 months;

6) a description of the tasks to be performed during the internship by the unemployed, including the name of the profession or specialty, in accordance with the classification of professions and specialities for needs of the labour market, the name of the cell and workstations and the scope of work tasks;

7) requirements for suitability psychophysical and health, level of education and minimum qualifications necessary to take an internship by the unemployed person in the workplace.

2. The organiser may in the application referred to in paragraph 1. 1, indicate also the name and surname of the unemployed, which takes on the internship.

3. an unemployed person may not take place again of the traineeship in the same Organizer on the same workstation on which the advance was probably, professional preparation in the workplace or the preparation of professional adults.

§ 2. 1. the organizer of the traineeship, which is the employer, probably can be at the same time, the unemployed in number not exceeding the number of employees employed in the Organizer on the day of submitting the application in terms of full working time.

2. the operator, who is not the employer, training can be done at the same time, one unemployed.

§ 3. The Governor, within one month from the date of receipt of the request of the organiser informs him in writing about how to deal with a request.

§ 4. Governor before referring unemployed to which the trainee may refer it to the medical examination referred to in article 1. 2. 3 of the Act.

§ 5. 1. The Governor contains the agreement referred to in article 1. 53 paragraph 1. 4 of the Act, hereinafter referred to as "the agreement", indicating in particular: 1) company or name and surname of the Organizer;

2) first and last name of the person authorized to represent the Organizer;

3) established the Organizer;

4) the place of assignment;

5) the unemployed held seniority: name and surname, date of birth, address;

6) full name and position of a guardian unemployed held seniority;

7) start and end date of the traineeship;

8) internship program;

9) the obligation of the organiser to ensure the proper implementation of the traineeship, in accordance with a prescribed program.

2. The provisions of paragraph 1. 1 shall not apply in the case of organizing experience in district work offices and starostwach district, except that the emplyment or district draws up and implements internship program internship under the program.

§ 6. 1. The organizer of the traineeship: 1) familiarizes the unemployed person with seniority;

2) acquaints unemployed with his duties and powers;

3) provides the unemployed person safe and hygienic conditions of assignment under the conditions laid down for the workers;

4) provides the unemployed person health surveillance to the extent provided for employees;

5) trains unemployed persons under the conditions laid down for the employees in health and safety at work, fire regulations and acquaints him with the applicable terms and conditions of work;

6) allocates the unemployed person, under the conditions laid down for the workers, clothing and footwear, personal protective equipment and the necessary measures of personal hygiene;

7) provides the unemployed person, under the conditions laid down for employees, free meals and drinks prophylactic;

8) immediately, but not later than within seven days, inform the Mayor about the cases break assignment, each day of Unexcused absences of unemployed persons and other events relevant to the implementation of the programme;

9) immediately, but not later than within 7 days after the end of the traineeship programme seems to unemployed person, referred to in article 1. 53 paragraph 1. 5 of the Act;

10) provides people who helped within 5 days after the end of each month traineeship attendance list signed by the unemployed.

2. an unemployed person directed to internship: 1) set by the organizer of the working time;

2) conscientiously and carefully perform the tasks covered by the scheme of the traineeship and the instructions of the organizer and protector, as long as they are not contrary to law;

3) comply with the provisions and rules in the organiser, in particular the rules work, professional secrecy, the principles of safety and health at work and fire regulations;

4) shall draw up a report on the traineeship, containing information about the performed tasks and obtained qualifications or vocational skills.

3. the keeper of the unemployed taking place probably gives the unemployed person tips and assistance in carrying out the tasks assigned to it and certifies its own signature of the accuracy of the information contained in the report referred to in paragraph 1. 2 paragraph 4.

4. the guardian of the unemployed taking place probably can exercise the care of not more than 3 unemployed one internship.

§ 7. 1. Working time unemployed taking place probably may not exceed 8 hours a day and 40 hours per week, and the unemployed person is a person with disabilities notice is hereby given to a significant or moderate disability – 7 hours per day and 35 hours per week.

2. an unemployed person cannot take place in Sundays and public holidays, at night, on shift work or overtime.

3. The Governor may authorise the implementation of the internship on Sundays and public holidays, at night or on shift work, unless the nature of the work in your profession requires such working time.

4. The unemployed person convenes probably has the right to rest periods on the terms provided for the employees.

§ 8. The unemployed person convenes probably has the right to equal treatment under the conditions laid down in the provisions of chapter IIa in the first section of the Act of 26 June 1974-labour code (Journal of laws 1998, No 21, item 94., as amended. 3)).

§ 9. 1. The Governor at the request of the unemployed person held seniority or authority may terminate the contract for the traineeship in the case of partially by the organizer of the traineeship or breaking the conditions of his assignment, after listening to the organizer of the traineeship.

2. The Governor at the request of the Organizer, or of its own motion, after consultation of the organizer and hearing the unemployed person may deprive the unemployed possibilities continue in case: 1) Unexcused absences during more than one day of the traineeship;

2) violations of fundamental obligations laid down in the rules of procedure, in particular appear to which the trainee was able to pointing to the consumption of alcohol, drugs or psychotropic substances or consuming alcohol in the workplace, drugs or psychotropic;

3) excusable absence which makes it impossible to carry out the program.

§ 10. 1. an unemployed person within 7 days from the date of receipt of the opinion referred to in article 1. 53 paragraph 1. 5 of the Act, shall submit to the people who helped this opinion, together with a report, referred to in § 6 paragraph 1. 2 paragraph 4.

2. The Governor after hearing the contents of the report referred to in § 6 para. 2, paragraph 4, and issue a certificate of completing an internship that contains data as referred to in § 5. 1 paragraphs 1 and 3 to 7, returns the unemployed person opinion and report, together with a copy of the traineeship.

§ 11. The agreement on the organisation of in-service training that before the date of entry into force of this Regulation shall be implemented on the existing conditions.

§ 12. This Regulation shall enter into force after 14 days from the date of notice. 4) Minister of labour and social policy: with m. Stogie 1) Minister of labour and social policy directs Government Administration Department – work under § 1 para. 2 paragraph 1 of the regulation of the Prime Minister of 16 November 2007 on the detailed scope of the Minister of labour and social policy (OJ No 216, 1598).

2) Changes the consolidated text of the said Act were announced in the journal of laws 2008 No. 70, item. 416, # 134, item. 850, no. 171, item. 1056, no. 216, item. 1367 and # 237. 1654 and 2009 # 6, item. 33, # 69. 595, no. 91, item. 742, Nr 97, poz. 800, No 115, item. 964 No. 125, item. 1035 and No. 127, item. 1052.


3) Changes the consolidated text of the said Act were announced in the journal of laws of 1998, no. 106, item. 668 and # 113, item. 717, with 1999 No. 99, item. 1152, 2000 No 19, item. 239, no. 43, item. 489, no. 107, item. 1127 and No. 120, item. 1268, 2001 # 11. 84, no. 28, item. 301, no. 52, item. 538, No 99, item. 1075, no. 111, item. 1194, # 123, poz. 1354, no. 128, item. 1405 and # 154, poz. 1805, 2002 No. 74, item. 676, No 135, item. 1146, # 196, poz. 1660, # 199, item. 1673 and # 200. 1679, from 2003 No 166, item. 1608 and # 213. 2081, 2004, no. 96, item. 959, no. 99, item. 1001, no. 120, item. 1252 and # 240. 2407, 2005 No. 10, item. 71, # 68, item. 610, no. 86, item. 732 and # 167, item. 1398, 2006, no. 104, item. 708 and 711, no. 133, item. 935, no. 217. 1587 and # 221, item. 1615, with the 2007 No. 64, item. 426, no. 89, item. 589, No 176, item. 1239, # 181, item. 1288 and # 225, item. 1672, from 2008, no. 93, item. 586, Nr 116, poz. 740, no. 223, item. 1460 and # 237. 1654 and 2009 # 6, item. 33, no. 56, item. 458, no. 58, item. 485, no. 98, item. 817, No 99, item. 825, and No 115, item. 958.4), this regulation was preceded by a regulation of the Minister of economy and labour of 24 August 2004 on the detailed conditions of the traineeship and apprenticeships at work (Journal of laws No. 185, poz. 1912 and 2005 # 236, poz. 2003), which is repealed with effect from the entry into force of this Regulation pursuant to article. 29, paragraph 1 of the law of 19 December 2008 amending the law on employment promotion and labour market institutions and amending certain other acts (Journal of laws of 2009. # 6, item 33).

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