REGULATION OF THE MINISTER OF LABOUR AND SOCIAL POLICY ¹⁾

of 20 August 2009

on the detailed modalities for the internship by the unemployed

• Metric
• Codified text

On the basis of art. 53 (1) 9 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. 1. An eligible entity, hereinafter referred to as the "organiser", referred to in art. 53 (1) 1 and 8 and Art. 61a (1) 1 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Act', which intends to organise an internship for the unemployed, it shall submit an old request for an agreement to organise an internship, containing:

1) the organizer's data: the company or the name, the seat and the place of business and the name of the person authorized to represent the organizer;

2) the number of employees on the basis of the full working time;

(3) the number of jobs envisaged for which the unemployed will take place;

(4) the name and position of the unemployed person holding the internship;

5) the proposed period of internship, which is not less than 3 months;

6) a description of the tasks to be carried out during the internship by the unemployed, including the name of the profession or speciality, according to the classification of professions and specialties for the needs of the labour market, the name of the organizational cell and the job position and the scope of professional tasks;

7) the requirements concerning the predisposition of psychophysical and health, the level of education and the minimum qualifications necessary to undertake an internship by an unemployed person at a given job post.

2. The Organizer may in the application referred to in paragraph. 1, indicate also the name of the unemployed person whom he is taking on the internship.

3. The unworkable shall not be held again by the same organizer on the same job as that on which he had previously held an internship, professional preparation in the workplace or professional preparation of adults.

§ 2. 1. The organizer of the internship, who is the employer, the internship may be held at the same time unemployed in a number not exceeding the number of employees employed by the organizer on the date of submission of the application on the basis of the full dimension of the working time.

2. A trainee organizer who is not an employer, an internship may be held at the same time one unemployed.

§ 3. The starosta within one month from the date of receipt of the organizer's request shall inform him in writing about the method of processing the application.

§ 4. An old age before an unemployed person to take an internship may refer him to the medical examinations referred to in art. 2. 3 of the Act.

§ 5. 1. The Starosta contains with the organizer of the contract referred to in art. 53 (1) 4 of the Act, hereinafter referred to as 'the Agreement', specifying in particular:

1) the company or the name and surname of the organizer;

2) the name and surname of the person authorized to represent the organizer;

(3) the organiser's seat;

4) the place of the internship;

5) the unemployed person holding the internship: first and last name, date of birth, address;

(6) the name and position of the unemployed person holding the internship;

7) the start and end date of the internship;

(8) the internship programme;

9) a commitment of the organizer to ensure the proper implementation of the internship in accordance with the established programme.

2. The provision of the paragraph. 1 shall not apply in the case of organizing internship in district labour offices and district starostiew, except that the county labour office or district starost shall draw up a traineeship programme and implement internship in accordance with the adopted programme.

§ 6. 1. Organizer of the internship:

1) familiarize the unemployed with the internship programme;

2) familiarithem with the unemployed with his duties and powers;

3. provide the unemployed with safe and hygienic conditions for the internship in accordance with the rules laid down for workers;

4. provide the unemployed with preventive health protection to the extent provided for workers;

5) school unemployed on the rules provided for workers in the field of occupational safety and health, fire regulations and familiarial it with the applicable labour regulations;

6. allocate to the unemployed, on the basis of the rules laid down for workers, clothing and work footwear, personal protective equipment and the necessary personal hygiene measures;

7) provide the unemployed, with the rules laid down for workers, free meals and preventive drinks;

8. without delay, but not later than 7 days, shall inform the state of the event of the interruption of the internship, of any day of unjustified absence of the unemployed and of any other events relevant to the implementation of the programme;

9. immediately, but not later than within 7 days, upon completion of the implementation of the internship programme shall issue an unemployed opinion referred to in art. 53 (1) 5 of the Act;

10) provides the starost within 5 days after the end of each month of the internship a list of the attendance signed by the unemployed.

2. Unworkable age for the internship:

1) comply with the timetable set by the organizer of working time;

2) conscientiously and carefully perform the tasks covered by the internship program and apply to the commands of the organizer and the procurator, unless they are contrary to the law;

3) comply with the regulations and rules applicable to the organizer, in particular the rules of work, professional secrecy, safety and hygiene rules of work and fire regulations;

4) draw up a report on the course of the internship containing information about the tasks performed and the qualifications obtained or professional skills.

3. The trainee of an unemployed person holding an internship shall provide the unemployed with guidance and assistance in carrying out the tasks assigned to him and shall certify his own signature of the accuracy of the information contained in the report referred to in paragraph 3. 2 point 4.

4. The trainee of an unemployed person holding an internship may at the same time take care of more than 3 persons who are unemployed in the internship.

§ 7. 1. The working time of an unemployed person holding a trainee shall not exceed 8 hours a day and 40 hours a week, and an unemployed person who is a disabled person with a significant or moderate disability-7 hours a day and 35 hours weekly.

2. The unworkable shall not be held on Sunday and holidays, in the night time, in the shift work system or overtime.

3. The Starosta may agree to the realization of the internship on Sunday and holidays, in the night time or in the shift work system, if the nature of the work in a given profession requires such a distribution of working time.

4. The unworkable internship shall have the right to rest periods on the basis of the rules laid down for the employees.

§ 8. The unemployed person holding an internship shall have the right to equal treatment as provided for in the provisions of Chapter IIa of the first section of the Act of 26 June 1974. -Labour Code (Dz. U. 1998 r. No 21, pos. 94, z późn. 1. ³⁾ ).

§ 9. 1. The Starosta, at the request of an unemployed person holding an internship, or ex officio, may terminate the contract with the organizer of an internship in the event of non-realisation by the organizer of the internship program or the failure to receive the conditions of his/her holding, after hearing the trainee organizer.

2. The Starosta, at the request of the organiser or ex officio, after consulting the organizer and hearing the unemployed person, may deprive the unemployed person from continuing the internship in the case of:

1) unjustified absence during more than one day of internship;

2) violations of the essential obligations laid down in the Regulations of the Labour, in particular, to appear to have an internship in a state indicating the consumption of alcohol, drugs or psychotropic substances or consumption in the workplace of alcohol, drugs or psychotropic substances;

3) a justified absence preventing the implementation of the internship program.

§ 10. 1. Unworkable within 7 days from the date of receipt of the opinion referred to in art. 53 (1) In accordance with Article 6 (5) of the Law, it shall submit an opinion to the starost together with the report referred to in § 6 2 point 4.

2. The Starosta after hearing the contents of the report referred to in § 6 par. Article 2 (4), and the issue of an internship attestation containing the data referred to in § 5 (4), 1 points 1 and 3 to 7, returns the unemployed person's opinion and report together with a copy of the internship programme.

§ 11. Contracts for the organisation of trainees concluded before the date of entry into force of this Regulation shall be implemented under conditions to date.

§ 12. The Regulation shall enter into force after 14 days from the date of the announcement. ⁴⁾

Minister of Labour and Social Policy: w z. M. Bucior

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 and 2009 Nr 6, pos. 33, Nr 69, poz. 595, Nr 91, poz. 742, Nr 97, poz. 800, Nr 115, poz. 964, No 125, pos. 1035 and No. 127, pos. 1052.

³⁾ Amendments to the text of the single law have been announced in the Dz. U. 1998 r. No. 106, pos. 668 i Nr 113, poz. 717, 1999 Nr 99, pos. 1152, of 2000 No 19, pos. 239, Nr 43, pos. 489, No. 107, pos. 1127 and No. 120, pos. 1268, 2001 No 11, pos. 84, Nr 28, pos. 301, Nr 52, pos. 538, Nr 99, pos. 1075, Nr 111, poz. 1194, No 123, pos. 1354, Nr 128, poz. 1405 and No. 154, pos. 1805, of 2002. No. 74, item. 676, No. 135, pos. 1146, No. 196, item. 1660, Nr 199, pos. 1673 and No. 200, pos. 1679, 2003 Nr 166, pos. 1608 i Nr 213, poz. 2081, 2004 Nr 96, pos. 959, Nr 99, pos. 1001, Nr 120, poz. 1252 and No. 240, pos. 2407, of 2005 Nr 10, pos. 71, Nr 68, poz. 610, Nr 86, pos. 732 and No 167, pos. 1398, of 2006. Nr 104, pos. 708 and 711, No. 133, pos. 935, Nr 217, poz. 1587 and No. 221, pos. 1615, 2007 No. 64, pos. 426, Nr. 89, pos. 589, Nr 176, pos. 1239, Nr 181, pos. 1288 and No. 225, pos. 1672, 2008 Nr 93, pos. 586, Nr 116, pos. 740, No. 223, pos. 1460 and No. 237, pos. 1654 and 2009 Nr 6, pos. 33, Nr 56, poz. 458, Nr 58, poz. 485, Nr. 98, pos. 817, Nr 99, poz. 825 and No. 115, pos. 958.

⁴⁾ This Regulation was preceded by the Regulation of the Minister of Economy and Labour of 24 August 2004. on the detailed conditions for the internship and for the preparation of professional work in the workplace (Dz. U. No. 185, item. 1912 and 2005 Nr 236, pos. 2003), which is repealed with effect from the date of entry into force of this Regulation on the basis of Article 29 point 1 of the Act of 19 December 2008. to amend the Act on the promotion of employment and labour market institutions and to amend some other laws (Dz. U. 2009 r. Nr 6, pos. 33).