Regulation Of The Minister Of Science And Higher Education Of 2 November 2006 On How To Determine The Remuneration For Annual Leave And A Cash Payment For The Period Of Unused Annual Leave Academics

Original Language Title: ROZPORZĄDZENIE MINISTRA NAUKI I SZKOLNICTWA WYŻSZEGO z dnia 2 listopada 2006 r. w sprawie sposobu ustalania wynagrodzenia za urlop wypoczynkowy oraz ekwiwalentu pieniężnego za okres niewykorzystanego urlopu wypoczynkowego nauczycieli akademickich

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On the basis of article. 153 paragraph 1. 2 of the Act of 27 July 2005, the law on higher education (Journal of laws No. 164, item 1365., as amended. 2)) are managed as follows: § 1. Remuneration for the time leave the academic teacher shall be determined taking into account the remuneration and other benefits from the employment relationship, with the exception of: 1) disposable or non-periodic payments for the performance of a particular task or set out to achieve, including the reviews;

2) remuneration for standby time to work and time due by worker downtime;

3) remuneration for time annual leave;

4) cash payment for the period of unused annual leave;

5) Jubilee Awards;

6) awards, referred to in article 1. paragraph 155. 1 and 2 of the Act of 27 July 2005, the law on higher education;

7) pension checks or schemes;

8) additional annual remuneration;

9) salaries for the time being unable to work due to illness or isolation due to an infectious disease;

10) salaries and compensation of teacher very beginning in the event of termination of employment.

§ 2. Components of remuneration referred to in the monthly rates at constant height and components of remuneration specified percentage from these rates shall be payable in the month of use by the teacher of the academic leave.

§ 3. Variable components of remuneration, such as: 1) salary from oversized, 2) for work performed under conditions harmful to health or onerous, 3) additional remuneration referred to in the rules about the pay gap between academics, too: a) participated in the work related to recruitment proceedings, b) participation in activities of the therapeutic, preventive and diagnostic, carried out by the departments of veterinary colleges of agriculture, c) directing and exercising the care of student apprenticeship shall be taken into account in the calculation of remuneration for annual leave based on salary to which the teacher acquired the right during the twelve months preceding the month of commencement of leave, hereinafter referred to as "the basis", and if the teacher prior to the granting of leave was employed at less than for a period of 12 months, on the basis of salary for that period.

§ 4. If the rules of remuneration or amount of remuneration referred to in § 3, during the period, from which the basis of the dimension is changed before the start of the academic leave, or a month use that leave, the basis of dimension shall be again taking account of these changes.

§ 5. 1. the remuneration for one day of annual leave in part determined on the basis of the components of remuneration referred to in the monthly rates in fixed and certain components of remuneration as a percentage from these rates is calculated by dividing the sum of these components your month use of leave by 21. So the calculated salary for one day of annual leave is multiplied by the number of days of leave.

2. the remuneration for one day of annual leave in part determined on the basis of the variable components of remuneration is calculated by dividing the base dimension, determined in accordance with § 3 and 4, by 251 days. If the teacher is employed for less than twelve months, the base dimension is divided by the number of working days per during his employment. So the calculated salary for one day of annual leave is multiplied by the number of days of leave.

§ 6. Remuneration for annual leave the academic teacher is the sum of remuneration in part determined on the basis of the components of remuneration referred to in the monthly rates in fixed and certain components of remuneration as a percentage from these rates, calculated in accordance with the provision of § 5. 1, and remuneration in part determined on the basis of the variable components of remuneration, calculated in accordance with the provision of § 5. 2. § 7. 1. [1] cash equivalent for the period of unused annual leave shall be determined by applying the rules for the calculation of remuneration for annual leave.

2. To establish a cash payment for the period of unused annual leave account shall be taken of elements of remuneration referred to in the monthly rates at constant height and components of remuneration specified percentage from these rates of exercise teacher very beginning in the month in which the acquired right to the equivalent.

§ 8. The regulation applies in determining the remuneration for annual leave and a cash payment for the period of unused annual leave to which the teacher acquired the right from 1 September 2006.

§ 9. This Regulation shall enter into force after 3 days from the date of the notice. 3) 1) Minister of science and higher education heads the Government Department-higher education, pursuant to § 1 paragraph 1. 2 paragraph 2 of the regulation President of the Council of Ministers of 18 July 2006 on the detailed scope of the Ministry of science and higher education (Journal of laws No. 131, poz. 912).

2) amendments referred to the Act were announced in the journal of laws of 2006, no. 46, item. 328, no. 104, item. 708 and 711 and No. 144, item. 1043.3), this regulation was preceded by a regulation of the Minister of national education of 2 October 2001 on detailed rules for determining the remuneration for annual leave academics and a cash payment for the period of unused annual leave (Journal of laws No. 121, item 1301), which repealed on 1 September 2006 in connection with the article. 275 paragraph 2. 2 of the Act of 27 July 2005-the higher education Law (Journal of laws No. 164, item 1365. and 2006 No. 46, item 328, no. 104, item 708 and 711 and No. 144, item. 1043).

[1] based on the judgment of the Constitutional Court of 16 July 2013 (OJ poz. 904) § 7 para. 1, in so far as in determining the period equivalent of unused annual leave calculated in relation to the components of remuneration referred to in the monthly rates fixed, tells the calculation of the equivalent, on the basis of calendar days, is incompatible with article 2. 92 paragraph 1. the Constitution of POLAND. § 7 para. 1 in ww. the field has lost the power of 9 August 2014.

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