The Act Of March 3, 2000 On The Pay Gap Between Managers Of Certain Legal Entities

Original Language Title: USTAWA z dnia 3 marca 2000 r. o wynagradzaniu osób kierujących niektórymi podmiotami prawnymi

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Article. 1. [scope] the Act applies to: 1) of State enterprises;

2) State organizational units with legal personality, that are not yet parties, referred to in paragraphs 8 and 9, and are not higher education institutions;

3) local organizational units with legal personality, that are not yet parties, referred to in paragraphs 4, 6 and 7;

4) single commercial law created by the State Treasury or local government unit;

5) commercial companies where the Treasury is more than 50% of the share capital or 50% of the number of shares;

6) commercial companies in which participating local government units exceeds 50% of the share capital or 50% of the number of shares;

7) commercial companies, in which the participation of companies, referred to in paragraph 4-6, exceeds 50% of the share capital or 50% of the number of shares;

8) State agencies, regardless of their organizational and legal form, including executive agencies within the meaning of the Act of 27 August 2009. public finance (OJ No 157, item 1240, as amended);

9) research institutes or entities, which shall apply mutatis mutandis the provisions of research institutes;

10) Foundation, in which the subsidy from public funds exceeds 25% of the annual revenue or in which property from the public exceeds 25% of the assets of the Foundation at the end of the calendar year, and its value exceeds 10% of the revenue of this Foundation;

11) (repealed);

12) State budgetary entities, with the exception of public administrations and of the judicial authorities and the operators of the steering wheel shall be subject to the provisions of the Act of 31 July 1981 on the gender pay gap in managerial positions of State (OJ of 2011 No. 79, item 430 and # 112, item 654);

13) (repealed);

14) (repealed);

15) (repealed);

16) independent public health care facilities.

Article. 2. [scope] the Act applies to: 1) heads of organizational units referred to in article 1. 1 paragraphs 1 to 10 and 12, and, in particular, directors, CEOs, temporary managers, komisarycznych managers and managers based on civil law contracts;

2) alternates managers organizational units referred to in article 1. 1 paragraphs 1 to 10 and 12, and, in particular, the Deputy Directors and Vice-Presidents;

3) members of the management boards of the organizational units referred to in article 1. 1 paragraphs 1 to 10 and 12, and in particular members of the management boards;

4) main Accounting organizational units referred to in article 1. 1 paragraphs 1 to 10 and 12;

5) liquidators organizational units referred to in article 1. 1;

6) (repealed);

7) members of the supervisory authorities of the organizational units mentioned in article 1. 1 paragraphs 2 – 8, and in particular the supervisory boards and the Commission of inspection;

8) (repealed);

9) (repealed);

10) heads of independent public health care facilities.

Article. 3. [the application of the Act to the operator] 1. The law shall also apply to a natural person and a partnership established on the basis of the entry in the register of economic activities and a legal person to which the legal entity referred to in art. 1 paragraphs 1 and 4 – 10, has entered into an agreement on the provision of management services, hereinafter referred to as "management entity".

2. The provisions of paragraph 1. 1 shall not apply if the management entity will establish a security or property, for any claims arising from failure to perform or improper performance of the contract or at their own expense will insure or will insure the person designated to act as a member of the Board of directors from liability arising in connection with the management.

Article. 4. [the prohibition of linking posts in the supervisory boards of several companies] 1. One person can be a member of the Supervisory Board only in one of the companies referred to in article 1. 1 point 4 – 7.

2. A person who at the date of entry into force of the Act is a member of the supervisory boards of two or more of the companies referred to in article 1. 1 paragraph 4 – 7, within 3 months from that date to relinquish membership of supervisory boards the appropriate number of companies. In the event of ineffective expiry of this deadline remains a member of the Supervisory Board, whose membership has received at the earliest.

Article. 5. [the principle of remuneration] 1. The persons referred to in article 1. 2, regardless of the grounds establish the employment relationship or contract civil law giving rise to the employment shall be entitled, subject to paragraph 2. 2 and 3, only the monthly salary.

2. the Persons referred to in article 1. 2 paragraphs 1 to 4 may be granted benefits.

3. persons referred to in article 1. 2 paragraph 1 – 4 and paragraph 10, may be granted an annual award.

4. Whenever the law is talking about employment, shall mean the provision of work or services related to the management of the entity, regardless of the grounds establish the employment relationship or the nature and content of the contract a civil agreement with the person referred to in art. 2. Article. 6. [the competent authorities to determine remuneration] 1. The authority competent to determine the monthly income of the persons referred to in art. 2, points 1, 5 and 7, in the entities listed in article 1 (2). 1 paragraphs 1 to 4, paragraphs 8 to 10 and 12, and the persons referred to in article 1. 2 paragraph 10, is the founding body or authority competent to represent a State or local government entity or authority, who created or oversees the entity, or to which the subject is mentioned in the article. 1 paragraphs 1-4, 8-10 and 12, or a person referred to in art. 2, paragraph 10.

2. The authority competent to determine the monthly income of the persons referred to in art. 2, points 1, 5 and 7, in the entities listed in article 1 (2). 1 point 5-7, is the general meeting or general meeting of shareholders.

3. The provisions of paragraph 1. 1 shall not apply where separate provisions authorizing the President of the Council of Ministers to determine the monthly salary.

Article. 7. [exclusion of certain financial benefits] to persons referred to in article 1. 2, shall not be entitled to a Commission from the profit, the award of the prize fund and claim in respect of profit or surplus sheet.

Article. 8. [the maximum amount of the monthly wage] maximum amount of monthly salary does not exceed: 1) for persons employed in the establishments referred to in article 1. 1 paragraphs 1 and 2 – six times, 2) for persons employed in the establishments referred to in article 1. 1 paragraph 3 – four times, 3) for persons employed in the establishments referred to in article 1. 1 paragraph 4 – 6 – six times, 4) for persons employed in establishments referred to in article 1. 1 paragraph 7 – four times, 5) for persons employed in the establishments referred to in article 1. 1 paragraph 8-10: a) created or supervised by the Minister or the central authority of State Administration – six times, b) created or supervised by a local government or a government body terrain – four times, 6) for persons employed in the establishments referred to in article 1. 1 paragraphs 12 to three times, 7) for the liquidators, receivers and managers of the bankrupt entities referred to in article 1. 1-four times, 8) for persons referred to in article 1. 2 paragraph 7-one, 9) (repealed), 10) for persons referred to in article 1. 2 paragraph 10 – four times-the average monthly salary in the business sector without payments from profit in the fourth quarter of the previous year, as announced by the President of the Central Statistical Office.

Article. 9. the [Delegation], the President of the Council of Ministers, by regulation, establish the list of entities referred to in article 1. 1, of particular interest to Member States, in which the maximum amount of monthly salary can be increased by 50%, taking into account in particular: 1) the type of services or production;

2) operating range of the entity;

3) the turnover of the entity;

4) number of employees working in the unit.

Article. 10. [annual Prize] 1. Depending on the achieved financial results or the degree of implementation of other tasks to persons referred to in article 1. 2, points 1 to 4 and 10, may be granted an annual award.

1a. [1] the annual Award can be granted to a person referred to in paragraph 1. 2A, having regard to the level and timeliness of the performance of the tasks imposed on it, if the entity including: 1) improved financial results, in particular by the growth of the net profit, the reduction in the net loss, increase profitability on net turnover, reducing the level of costs or improve liquidity;

2) has been approved the financial statements for the financial year or the annual activity reports.

1B. [2] the annual Award may be granted to the holder, who held his position throughout the year and during this period did not err in their duties in a way that causes the imposition of a penalty of liability ordinal employees, penalties for infringement of public finance discipline or disciplinary penalty or with which the contract of employment has been resolved without a notice of his fault or not resolved management agreement , or which is not revoked from his position for reasons which are the basis for termination of employment without notice due to the fault of the employee.


1 c [3] In the event of a change in organizational and legal forms of company payment of annual prizes for completed fiscal year may be made, as long as he was entitled to both before and after the change of organizational and legal form of the entity, which occurred during the financial year.

2. the annual Award to individuals listed in article 2. 2, paragraph 1, the employed in establishments referred to in article 1. 1 paragraphs 1 to 7, the competent authority shall be granted at the substantiated request of the Supervisory Board or another statutory supervisory authority.

2A. the annual Award to individuals listed in article 2. 2, paragraph 1, employment of military property agency, grants the Minister of defence at the substantiated request of the Supervisory Board.

2B [4] (repealed).

3. the annual Award to individuals listed in article 2. 2 paragraph 2-4, employment of entities referred to in article 1. 1 paragraphs 1 to 10 and 12, body or person competent for those people in matters of actions from the scope of the labour law.

4. [5] the application for the annual award, referred to in paragraph 1. 2, should include an assessment of the financial results and the degree of implementation of other tasks, taking into account the macro-economic conditions for the operation and development of the sections and departments in which it operates a legal entity. This assessment should include the year of the test and of the year preceding the year of the test and be drawn up on the basis of basic economic indicators, in particular: the net profit or loss, the cost level indicator, profitability on net turnover. That provision shall apply mutatis mutandis to the application referred to in paragraph 1. 2A. 5. The assessment referred to in paragraph 1. 4 in respect of using the property of local government units should take into account the conditions for their proper functioning, including the circumstances that affect the financial results of the entity and regardless of it, in particular the provisions of the local government decision-making body for equipment in the property and the level of prices and charges for municipal services of public service.

6. the annual Award for the Director of the independent public health care facility grant, at the request of the Council of social, government authority competent to create this plant or the executive body of the local government unit, which the company has set up.

7. the amount of the annual award granted to persons referred to in article 1. 2, points 1 to 4 and 10, may not exceed three times their average monthly income in the year preceding the award of the prize.

8. The competent Ministers, by regulation, the boards of districts and provinces, by resolution, and Reeves (mayors, Presidents of cities), by order, determine the pattern of the application for the award, referred to in paragraph 1. 2, and the detailed rules and the granting of awards annual.

9. [6] the Minister of national defence shall determine by regulation: 1) mode for the granting of annual awards to persons referred to in paragraph 1. 2A, including the time limit for the submission of the application for granting awards to persons referred to in paragraph 1. 2A, and the deadline for its consideration, in such a way that the efficiency of the proceedings;

2) application for awards to persons referred to in paragraph 1. 2A, having regard to the simplified nature of the design of this document.

Article. 11. [benefits] 1. The additional benefits referred to in article 1. 5. 2, benefits in respect of employment, including: domestic, social, communication, and non-life insurance-other or higher than laid down in the rules of remuneration and collective collective and separate regulations.

2. The maximum value of the supplementary benefits granted during the year to the persons referred to in article 1. 2 paragraph 1-4 may not exceed dwunastokrotności of the average monthly salary was adopted for the determination of the monthly income of these people.

3. the President of the Council of Ministers shall determine, by regulation, a detailed list of the additional benefits referred to in paragraph 1. 1, and their allocation.

Article. 12. [Check] in the event of an appeal from or termination of employment or contract of civil law that forms the basis of employment by an entity employing, for reasons other than a breach of fundamental obligations of the employment relationship, the persons referred to in article 1. 2 may be granted clearance of not more than three times the monthly salary.

Article. 13. [invalidity of contractual provisions contrary to the provisions of the Act] Provisions of employment contracts and other acts as a basis to establish an employment relationship or civil law agreements providing for monthly salary, an annual award, check-in and the value of the additional benefits, higher than the maximum allowed by law, is null and void under the law in respect of that part which exceeds the maximum amount specified in the Act.

Article. 14. [Sanctions for non-compliance with the provisions of the Act] 1. For failure to comply with the provisions of the Act the supervisory authorities of the organizational units mentioned in article 1. 1 point 2-7 dissolved by operation of law.

2. The competent authority may appoint persons that carry out the functions in the bodies that are fixed in paragraph 1. 1, the next term as representatives of the State Treasury or local government unit to the bodies referred to in article 1. 2 paragraph 7.

Article. 15. [the principle of disclosure of remuneration] information about the remuneration of persons subject to the provisions of the Act and of the annual prizes, benefits and customs clearance are confidential and not subject to the protection of personal information or a trade secret.

Article. 15A. [contributions to the occupational retirement] Restrictions under the Act does not apply to premiums basic contributions to occupational pension schemes.

Article. 16. (omitted).

Article. 17. (omitted).

Article. 18. (omitted).

Article. 19. (omitted).

Article. 20. (omitted).

Article. 21. (omitted).

Article. 22. (omitted).

Article. 23. (omitted).

Article. 24. (omitted).

Article. 25. (omitted).

Article. 26. (omitted).

Article. 27. (omitted).

Article. 28. (omitted).

Article. 29. (omitted).

Article. 29A. (omitted).

Article. 29B. [average monthly wages in the business sector in 2011.] 1. In 2011, the average monthly salary in the business sector without payments from profit in the fourth quarter of the previous year, as referred to in article. 8, shall be the average monthly salary in the business sector without payments from profit in the fourth quarter of 2009.

2. In 2011 the individual monthly remuneration of the persons referred to in art. 2 shall have determined in 2010.

Article. 29 c [the basis of a maximum amount of monthly salary in 2012.] The average monthly salary in the business sector without payments from profit in the fourth quarter of 2009 is in 2012, the basis for determining the maximum amount of monthly salary referred to in art. 8. Article. 29 d [the basis of a maximum amount of monthly income in 2013.] 1. Average monthly wages in the business sector without payments from profit in the fourth quarter of 2009 is in 2013, the basis for determining the maximum amount of monthly salary referred to in art. 8, subject to the provisions of paragraph 2. 2.2. In the case of members of the supervisory bodies referred to in article 1. 2 paragraph 7, in the organizational units mentioned in article 1. 1, paragraph 8, and, in particular, the Supervisory Board and revision Commission, the basis for determining the maximum amount of monthly salary is in 2013, the average monthly salary in the business sector without payments from profit in the fourth quarter of 2011.

Article. 29E. [the basis of a maximum amount of monthly income in 2014.] 1. Average monthly wages in the business sector without payments from profit in the fourth quarter of 2009 is in 2014, the basis for determining the maximum amount of monthly salary referred to in art. 8, subject to the provisions of paragraph 2. 2.2. In the case of members of the supervisory bodies referred to in article 1. 2 paragraph 7, in the organizational units mentioned in article 1. 1, paragraph 8, and, in particular, the Supervisory Board and revision Commission, the basis for determining the maximum amount of monthly salary is in 2014, the average monthly salary in the business sector without payments from profit in the fourth quarter of 2011.



Article. 29F. [the basis of a maximum amount of monthly income in 2015.] 1. Average monthly wages in the business sector without payments from profit in the fourth quarter of 2009 is in 2015, the basis for determining the maximum amount of monthly salary referred to in art. 8, subject to the provisions of paragraph 2. 2.2. In the case of members of the supervisory bodies referred to in article 1. 2 paragraph 7, in the organizational units mentioned in article 1. 1, paragraph 8, and, in particular, the Supervisory Board and revision Commission, the basis for determining the maximum amount of monthly salary is in 2015, the average monthly salary in the business sector without payments from profit in the fourth quarter of 2011.


Article. 30. [entry into force] this Act comes into force on the first day of the month following the expiration of one month from the date of its publication, with the exception of article. 5. 2 and 3 and article. 10 and 11, which shall enter into force on 1 January 2001, and art. 18 as regards amendments referred to in paragraph 3, as well as art. 19, 20, 23 and 24, which shall enter into force on the first day of the month following the expiration of 3 months from the date of the notice.

[1] Article. 10 paragraph 1. 1A by art. 111 point 1 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

[2] Article. 10 paragraph 1. 1b added by art. 111 point 1 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

[3] Article. 10 paragraph 1. 1 c added by art. 111 point 1 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

[4] Article. 10 paragraph 1. 2B repealed by article. 111, paragraph 2 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

[5] Article. 10 paragraph 1. 4 in the version established by art. 111, paragraph 3 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

[6] Article. 10 paragraph 1. 9 in the version established by art. 111, paragraph 4 of the Act of 10 July 2015. about the military property agency (OJ item 1322). The change came into force on October 1, 2015.

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