Key Benefits:
ACT
of 13 June 2003
o social employment
Chapter 1
General provisions
Article 1. [ Regulatory scope] 1. The Act lays down the rules of social employment.
2. The provisions of the Act shall apply in particular to:
(1) homeless people pursuing an individual programme of homelessness, within the meaning of the provisions on social assistance,
2) alcohol addicts,
3) drug addicts or other narcotic drugs,
4) mentally ill, within the meaning of the provisions on mental health protection,
5) the long-term unemployed within the meaning of the provisions on employment promotion and labour market institutions,
6) exempt from penal facilities, having difficulties in integrating into the environment, within the meaning of the provisions on social assistance,
7) refugees carrying out an individual integration programme, within the meaning of social assistance regulations,
8) persons with disabilities, within the meaning of the provisions on professional and social rehabilitation and employment of persons with disabilities,
who are subject to social exclusion and are not in a state of their own right to satisfy their basic necessitates and are in a situation causing poverty and preventing or restricting their life participation in professional, social and family life.
3. The provisions of the Act do not apply to the persons mentioned in the mouth. 2. which have the right to:
1) unemployment benefit;
(2) pre-retirement allowance;
(3) pre-retirement benefits;
4) (repealed);
(5) structural annuities;
6. invalidity pensions;
(7) pensions;
(8) teacher compensation provision.
4. The tasks defined in the Act shall be implemented through social employment, which shall be understood by the provision of the persons referred to in paragraph 1. 2, the opportunities for participation in the classes of social inclusion centres, social inclusion and employment clubs, as referred to in art. 2 point 8.
5. (repealed).
Article 2. [ Definitions] Whenever there is a law in the law:
1) grants-this means a grant within the meaning of the provisions on public finance;
1a) a graduate of the centre of social inclusion-this means a person who for a period of not less than 6 months participated in the classes at the centre of social integration and received the certificate referred to in art. 13 (1) 5a; this person is a graduate of the social integration centre for a period of 6 months from the day of completion of the classes at the centre of social integration;
1b) a graduate of the social integration club-this means a person who has participated in the social integration club for a period of not less than 6 months, holds an important certificate referred to in art. 18 (1) 5a, and has fulfilled the provisions of the social contract;
2) non-governmental organisations-this means non-governmental organisations within the meaning of the rules on public benefit and for voluntary activities for the benefit of the persons referred to in art. 1, with the exception of political parties, trade unions, employers ' organisations, professional authorities and foundations set up by the parties;
3) average remuneration-this means the average monthly salary in the national economy in the previous quarter from the first day of the next month after the announcement by the President of the Central Statistical Office in the Official Journal The Republic of Poland "Monitor Polski";
4) social reintegration-this means activities, including self-help activities, aimed at rebuilding and upholding a person participating in a social integration centre, a social integration club or an employed person. employers, the ability to participate in the life of the local community and to perform social roles in the place of work, residence or stay;
5) professional reintegration-this means activities aimed at rebuilding and upholding a person participating in classes at the centre of social inclusion and a club of social inclusion capacity for self-employment in the labour market;
6) integration provision-this means the cash benefit paid to the participant of the social integration centre in the framework of the individual social employment programme;
7) a participant-this means a person participating in the classes at the centre of social inclusion in the individual social employment programme;
(8) in support of employment, this shall mean providing assistance of an advisory and financial nature to the person referred to in art. 1, to maintain a professional activity enabling employment, socially useful work within the meaning of the provisions on promotion of employment and labour market institutions, to set up or to join a social cooperative or to take up economic activities;
9) unemployment benefit-this means unemployment benefit referred to in art. 72 par. 1 point 1 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. zm.).
Chapter 2
Principles of creating a social integration centre
Article 3. [ Social inclusion centre] 1. The Centre for Social Integration, hereinafter referred to as the "Centre", pursues professional and social reintegration by the following services:
1) education of skills enabling the fullness of social roles and the attainment of social positions available to people who are not socially excluded;
2. the acquisition of professional skills and apprentiment, retraining or the upgrading of professional qualifications;
3) learning the planning of life and meeting the needs of its own endeavour, especially by the possibility of achieving its own income by employment or economic activity;
4) the teaching of the skills of rational management of the money held by the funds.
2. The Centre, under the conditions stipulated in the Act, may be created by:
1) unit of local government in the form of:
(a) budget units,
(b) the local government budget establishment,
2) a non-governmental organisation,
3) the entities referred to in art. 3 para. 3 points 1 and 3 of the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2010 No 234, pos. 1536 and 2011 No. 112, item. 654 and No. 149, pos. 887), provided that, in the case of social cooperatives, the Centre may create cooperatives held by the entities referred to in Article 3. 4 par. 2 points 2 and 3 of the Act of 27 April 2006. about social cooperatives (Dz. U. No 94, pos. 651, 2009 Nr 91, pos. 742 and 2010 Nr 28, pos. 146)
-hereinafter referred to as 'creating institutions'.
3. (repealed).
4. The Centre created by the NGO shall act in the form of an entity isolated in organizational and financial manner in a manner which ensures proper identification in organizational and financial terms, to the extent possible to determine the revenue, costs and results, taking into account the accounting rules.
Article 4. [ Application for the status of the Centre] (1) An application for the status of the Centre shall be submitted by the originator institution to the competent authority by reason of its seat.
2. The application referred to in paragraph 2. 1, it shall contain:
1. the name of the institution creating the Centre;
2. information on the location of the Centre's functioning and the expected date of commencation;
3) the expected number of participants and an indication for which group of participants the Centre will provide services;
4) a planned type of manufacturing, commercial or service activity;
5) a programme of work carried out with participants in the framework of professional and social reintegration;
6. the envisaged number of staff of the Centre and their qualifications;
6a) the planned types of employment contracts for the staff of the Centre and their working time dimension;
7) data on the organisation and system of classes in the Centre;
8) data on the expected effects of the Centre's activities, including the planned number of persons for the apprentice, retraining or upgrading of the qualification, the planned number of persons to whom participation in the Centre's activities and supported social employment will help to obtain employment on the basis of the rules of labour law or business activity, the planned number of socially-dependent persons;
9. data on the estimated annual estimate of the total costs of the Centre's activities, including the costs of implementing professional and social reintegration;
10. data on the amount of own resources of the generating institution for the establishment of the Centre and of the forms of those resources, as well as of the expected contribution of its own to the financing of the Centre's activities;
11) data on other sources of financing of the Centre's activities, including the measures set out in the municipal programme of prevention and resolution of addiction problems and counteracting social exclusion;
12) draft rules of the Centre;
13) a copy of the document confirming the legal title to the property in which the Centre is to function;
14) an opinion of the starost on the need to appoint the Centre within the territory of the subordinate district, excluding the application of the district;
15) the act of appointment of the Centre, in the event of the establishment of the Centre by the local government unit.
Article 5. [ Center Status] (1) The status of the Centre shall give due regard to the place of functioning of the Centre by means of an administrative decision, on the basis of an application referred to in Article 4 (1). 4.
2. The status of the Centre is suitable for a period of 5 years.
3. (repealed).
4. The Centre shall be obliged:
1) (repealed);
2. to present annually, not later than 31 March, the wojewater and the entities and entities awarding the Centre's grants, as well as the reporting institution containing the calculation of the grant for the preceding year, the effects of professional reintegration and social, as well as the estimate of expenditure and revenue for the current year in connection with the performance of the services referred to in Article 4 (2) of the Financial Regulation. 3 para. 1, and information on the change in the data contained in the application referred to in art. 4.
5. The wojewoda maintains a register of the organizational units which he gave the status of the Centre. Granting the status of the Centre is equivalent to the entry in the register.
(5a) The register shall include the data referred to in Article 4 4 par. 2.
6. The Minister responsible for Social Security shall determine, by means of a regulation, the model of the report referred to in paragraph 1. 4 (2), which contains data on:
1) the number of employees employed during the reporting period;
2) the number of participants, taking into account the division into the groups of persons referred to in art. 1 (1) 2;
3) the number of participants in economically-dependent participants;
4) the number of participants covered by professional and social reintegration;
5) services directed to participants in the framework of professional and social reintegration;
6) the implementation of the financial plan for the previous year, taking into account the grants awarded, the integration benefits paid and the incentive bonus;
(7) the estimate of expenditure and revenue for the current year, guided by the need to unify the reporting elements.
7. The Wojewoda shall present annually, no later than 30 April of the year concerned, to the Minister responsible for Social Security the summary report of the information obtained in the mouth mode. 4 point 2.
Article 5a. [ Extension of the Centre's status] The water-water, at the request of the forming institution, may issue a decision to extend the Centre's status for the period referred to in Article 4. 5 par. 2, taking into account the report referred to in art. 5 par. 4 pt. 2, 3 of the last 3 years. The application shall contain the data referred to in Article 4. 4 par. 2.
Article 6. [ Decision on the loss of the Centre's status] 1. In the case of the Centre's non-acceptance of the assumptions adopted in the application referred to in art. 4, to the extent that the services referred to in Article 4 are not implemented. 3 or in the event of a statement of irregularities of the financial accounts provided for by the Act, affecting the financial result, the wojewoda shall issue a decision on the loss of the status of the Centre ex officio or at the request of the Marshal of the voivodship, the mayor, or the mayor cities which grant grants to the Centre or to the establishment of the Centre.
2. In the event of liquidation of the institution forming the Centre of the Centre, the water shall be decided to lose the status of the Centre, subject to the paragraph. 4.
3. In the event of a decision on the loss of the status of the Centre, the unused financial resources from the grant shall be repaid to the units which awarded the grant, in a proportion proportional to the amount of the grant awarded.
(4) Where an institution creating a non-governmental organisation is wound up, the rights and obligations of that institution may be taken over by the Municipality competent by reason of the Centre's seat. The provisions of the paragraph 3 shall apply mutatis mutandis.
Article 6a. [ Higher Authority] In the administrative procedure for the issue, extension or loss of the status of the Centre, the Minister for Social Security shall be the Minister responsible for the granting of the decision.
Article 6b. [ Appropriate application of the provisions of the Administrative Procedure Code] The provisions of the Act of 14 June 1960 shall apply mutatis mutandis to matters not governed by the Act concerning the conferral of the status of the Centre. -The Code of Administrative Procedure (Dz. U. of 2013 r. items 267, of late. zm.).
Article 7. [ Financing of establishment of the Centre] 1. The establishment of the Centre shall be financed:
1) in the case of the Centre being created by the local government unit-on the basis stipulated in the provisions on public finance;
2) in the case of the Centre created by the NGO with:
(a) the resources of the institution producing the collections, donations or other sources,
(b) (repealed),
(c) grants for the first equipment coming from the communes ' own income earmarked for the implementation of the municipal programme for the prevention and resolution of alcohol problems,
(d) other income of own local government units than those referred to in point (d) c.
2. The creation of the Centre may be financed from grants for the first equipment from the income of own self-government of the voivodship dedicated to the implementation of the provincial program of prevention and solving of alcohol problems, on the principles the agreements referred to in Article 8 ust. 1.
Article 8. [ First equipment grant] 1. Marshal of the voivodship, on the basis specified in the agreement concluded with the institution creating, may grant the Centre a grant for first equipment and a grant for the activity for the first 3 months of the income of its own self-government dedicated to the implementation of the provincial program of prevention and solving of alcohol problems.
2. A grant for the first equipment referred to in paragraph 2. 1, may be intended for:
1) adaptation to the needs of the participants of the classes in the Centre of the Rooms dedicated to professional and social reintegration;
2) equipment of premises and preparation of work stations, including the purchase of machinery and equipment necessary for carrying out the activities referred to in art. 9;
3) the purchase of raw materials, materials and tools necessary to start operations.
3. The amount of grant for the activity of the Centre for the first 3 months shall be equal to the amount determined as the product of 50% of the amount of unemployment allowance in force on the date of conclusion of the agreement referred to in paragraph. 1, and the number of participants in the vocational and social reintegration activities carried out in the Centre and the number of staff of the Centre employed for a period of not less than a year, as at the end of each month.
4. The grant for the first equipment shall be submitted to the Centre within 30 days of the date of conclusion of the agreement referred to in paragraph 1. 1.
5. The grant for the activity for the first 3 months shall be submitted to the Centre in three monthly instalment by the 10th day of the month following the month for which the grant has been granted.
Art. 8a. [ Exemptions] To finance the establishment of the Centre by a non-governmental organisation referred to in art. 7 ust. 1 point 2 (a) c and d and para. 2 and in Article 8, the Article shall not apply. 221 (1) 2-4 of the Act of 27 August 2009. on public finances (Dz. U. Nr. 157, pos. 1240, with late. zm.).
Chapter 3
The principles of the social integration centre
Article 9. [ Activity of the Centre] 1. The Centre, in the framework of professional reintegration, may carry out manufacturing, trade or service activities and manufacturing activities in agriculture, excluding the activities of manufacture and trade in products of the fuel industry, tobacco, spirit, wine, feathers and other alcoholic products with an alcoholic strength of more than 0,5%, and articles of precious metal or of these metals.
2. The manufacturing, trade and service activities referred to in paragraph 2. 1, is not an economic activity within the meaning of the provisions of the Act of 2 July 2004. about the freedom of economic activity (Dz. U. of 2010 No. 220, item. 1447 and No 239, pos. 1593) and can be carried out as a statutory activity for public benefit within the meaning of the provisions on public benefit and for voluntary service.
Art. 9a. [ Actions on social inclusion of unemployed people to shape active atticultural attitude in social and professional life] 1. The Centre may carry out activities in the field of social integration of the unemployed for shaping the active attitude in the social and professional life referred to in art. 62a par. 5 of the Act of 20 April 2004. on the promotion of employment and labour market institutions.
2. The implementation of the activities referred to in paragraph. 1, and their financing shall take place, in accordance with:
1) the agreement referred to in art. 62a par. 7 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in the case of the Centre established by the municipality, or
2) the contract referred to in art. 62a par. 11 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in the case of the Centre established by the entity referred to in art. 3 para. 2 points 2 and 3.
3. To the activities of the Centre referred to in paragraph. 1, the provisions of Chaps 4, 5 and 6 shall not apply.
Article 10. [ Financing of the Centre's activities] 1. The activities of the Centre shall be financed from:
1) a grant coming from the income of own local government units, including those intended for the implementation of the program of prevention and solving of alcohol problems, subject to the paragraph. 1a;
(2) income derived from the activities referred to in Article 9;
3. funds from the European Union;
4) the Labour Fund for the integration benefits referred to in art. 15, and the social inclusion measures referred to in art. 9a ust. 1 and Art. 18 (1) 7.
1a. Paragraph Recipe 1 point 1 shall not apply to the Centre acting in the form of a budgetary unit.
2. In the case of the Centre established by the non-governmental organization, the Centre's activities may also be financed from:
1) the resources of the institution forming the collection of collections, donations or other sources;
2) (repealed).
3. (repealed).
4. The amount of the grant referred to in paragraph. 1 point 1, where the institution creating the NGO is determined as the product of the amount determined by the resolution of the municipal council and the sum of the number of participants in the vocational and social reintegration activities carried out in the Centre and the number of employees The Centre, as at the end of the month, and paid monthly, for the duration of the Centre's activities, within a period of up to 10. on the day of the month following the month for which the grant was granted. The amount of the grant may not exceed the amount equivalent to the costs of the Centre's activities, less the revenue accruing from the activities referred to in Article 4. 9.
5. The amount of the grant referred to in paragraph. Article 1 (1), where the institution creating the body of local government is determined as the product of the costs of implementing professional and social reintegration on a per-participant basis and the sum of the number of participants in the reintegration classes. the professional and social activities of the Centre and the number of employees of the Centre, less the income derived from the activities referred to in Article 4 (1) of the Regulation. 9, and determined annually by the body of the competent authority of the local government.
6. Financial measures for the activities of the Centre shall be allocated to:
1) the payment of the participants to the classes in the Centre for the integration benefits referred to in art. 15, and the incentive bonus for integration referred to in art. 15a;
2) the purchase of materials, energy, services necessary for the activities of the Centre;
(3) the rental of premises and repairs of premises operated by the Centre;
4) taxes paid by the Centre;
5) the remuneration of the Centre's employees and derivatives on those salaries;
6. the implementation of professional and social reintegration and the necessary support for the Centre's activities in this regard;
7) training of staff of the Centre related to the activities of the Centre
8) meals for participants;
9) expenses for the property insurance of the Centre;
10) other expenses related to the activities of the Centre.
7. (repealed).
Article 11. [ Centre staff] 1. The staff of the Centre shall be:
1) the employees responsible for a given type of activity referred to in art. 9, and for the financial services of the Centre;
2. (repealed);
(3) a social worker;
4) trainers;
5) the persons referred to in art. 16 ust. 1 point 1 lit. b.
1a. People with social and professional reintegration are included in the staff of the Centre.
2. The Centre's driver employs an institution creating the Centre.
3. The Centre's staff shall employ the Centre's manager, except that there should be no more than 10 participants per employee attending directly with the participants. This condition shall not apply to the persons referred to in Article 4. 16 ust. 1 point 1 lit. b.
Chapter 4
Principles of governance at the centre of social integration
Article 12. [ Participation in occupations] 1. The person referred to in art. 1, may, on the basis of:
1) own application or request of a statutory representative,
2) the application of the retreat treatment facility, the district assistance centre of the family, the social assistance centre, the non-governmental organization or the social integration club, with the consent of that person or its statutory representative
-to be referred to the Centre's activities, by the competent place of residence or stay of the person of the social assistance centre or in the case of a person referred to in Article 4 (1). 1 (1) 2 point 5, by the county office of work with the notification to the place of residence or stay of this person of the social assistance centre.
2. The application referred to in paragraph 2. 1, shall be subject to an opinion by the social worker of the centre of social assistance competent for the place of residence or stay of the person headed for participation in the Centre after the prior conduct of an environmental interview (family).
3. (repealed).
4. The Head of the Centre shall accept the person addressed to the Centre upon signature of the individual social employment programme, hereinafter referred to as "the programme", in agreement with the manager of the social assistance centre competent for the place of residence or of this person's stay.
5. Priority in referral to the Centre shall be given to persons residing in the municipalities where the Centre has been established. Persons residing in other municipalities may be directed to the Centre:
1) in the case of the conclusion of an agreement between the municipalities on the management of persons to the Centre setting out the rules for financing the costs of the participation of the persons headed there;
2) in the case of the Centre's possession of free seats and the financing of the costs of participation of a person directed by the municipality.
Article 13. [ Social Employment Programme] 1. The programme referred to in art. 12 (1) 4, develops a social worker of the Centre.
2. The programme shall specify in particular:
1) the scope and forms of professional and social reintegration;
2. (repealed);
3) the persons responsible for the implementation of the programme.
3. The program at the request of each party may be subject to change.
4. The programme shall cease to be implemented in the event of:
1) the persistent breach by a participant of the provisions of the programme, preventing its further implementation;
2) permanent abandonment by the participant in the Centre;
3) a statement by the participant to waiver the implementation of the programme.
4a. In the cases referred to in paragraph. 4 points 1 and 2, the decision on the cessation of the programme shall be taken by the Head of the Centre.
4b. From the decision of the head of the Centre referred to in paragraph. 4a, the participant has a complaint to the administrative court.
5. The completion of the programme shall take place within a period of up to six months after the date on which the participant in the programme has undertaken employment or other gainful employment within the meaning of the provisions on employment promotion and labour market institutions, founded or have entered into a social cooperative or have taken up an economic activity, or on the date of the expiry of the period of participation in the Centre referred to in Article 4 (1) of the Statute of the European Union, 15. During the implementation of the programme without participation in the Centre, the integration benefit shall not be entitled.
5a. Upon completion of the Centre's participation in the Centre, the Centre's Manager shall issue a certificate confirming the participation in the classes and skills acquired in the framework of professional and social reintegration.
6. The implementation of the programme is a condition of the participant's use of health insurance benefits, on the basis specified in the provisions on the health care benefits financed from public funds, and from other benefits specified in this Act.
7. (repealed).
Chapter 5
Rules for participation in the centre of social inclusion
Article 14. [ The participant's daily stay] 1. The time of the participant's daily stay in the Centre shall not be less than 6 hours.
1a. Head of the Centre shall draw up a monthly programme of classes in the Centre.
2. The Head of the Centre shall provide the participants:
1) training in occupational health and safety;
2. carry out appropriate medical examinations;
3) workwear and work shoes;
4) safe and hygienic conditions of participation in classes, including personal protective equipment.
3. The participants of the Centre shall be entitled to the provision of an accident during their stay at the Centre on the basis of the provisions on the provision of supplies of accidents or occupational diseases arising in special circumstances.
4. The participants of classes in the Centre shall be entitled free of charge to one meal per day during their stay.
Article 15. [ Trial] 1. The trial period in the Centre lasts 1 month. During the probationary period, the participant receives an inclusive benefit of 50% of the unemployment benefit.
2. Upon the successful completion of the probationary period, the head of the social assistance centre, at the request of the Head of the Centre, shall qualify the participant to participate in the classes in the Centre.
3. The period of participation in classes at the Centre may last up to 11 months. If the analysis of the state of implementation of the programme justifies the need to extend the period of participation in the Centre, also in the case of creating a social cooperative or undertaking an economic activity by a participant in the Centre's activities, the manager The Centre, upon request or after consulting the social worker of the Centre, may extend the period of participation in classes to 6 months.
4. During the period of participation in the classes in the Centre referred to in paragraph. 3, at the request of the participant, the Centre's manager grants an integration benefit in the amount of unemployment benefit.
5. The integration witness shall be paid by the Centre in monthly periods from the bottom.
6. The integration benefit for the incomplete month of participation shall be determined by dividing the amount of the benefit by 30 and multiplying by the number of calendar days in the period for which the benefit is entitled.
6a. During the period of participation in the classes in the Centre referred to in paragraph. 3, at the request of the participant, the Head of the Centre may grant up to 6 days free of classes in the Centre, for which the full amount of integration is entitled.
7. The integration benefit shall be reduced by 1/20 for each day of the unjustified absence of a participant in classes in the Centre lasting no more than 3 days per month. In the case of an unjustified absence lasting more than 3 days per month, the integration benefit for the month concerned shall not be eligible.
7a. During the period of participation in the Centre, referred to in paragraph. 3, for the period of inability to participate in the classes due to the illness confirmed by the doctor, however, not longer than 14 days, the integration benefit shall be reduced by 1/40 for each day of incapacity. For each subsequent day of incapacity to participate in the Centre's activities, the benefit shall not be entitled.
8. At the request of the Head of the Centre, containing a copy of the list of paid integration benefits, the starosta competent for the seat of the Centre refunds from the Labour Fund the amount paid in the previous month of the integration benefits together with the contributions social security. At the request of the Head of the Centre, the Old Centre may transfer an advance payment to the Centre for the payment of the integration benefits together with the social security contributions.
Art. 15a. [ Incentive bonus for integration] 1. During the period of participation in the classes in the Centre referred to in art. 15 para. 3, the Head of the Centre may grant an incentive to the integration bonus, taking into account the active attitude and progress in social and professional reintegration.
2. The motivational integration bonus may not exceed 50% of the amount of the integration benefit referred to in art. 15 para. 4.
Chapter 6
Employment supported
Art. 15b. [ Forms of employment supported] 1. The employment supported may be carried out in the form of:
1) socially useful works on the principles laid down in the regulations on employment promotion and labour market institutions;
2) referral to work under the rules laid down in art. 16;
3) factual, occupational, psychological and social counselling for persons implementing socially useful work within the meaning of the provisions on employment promotion and labour market institutions, taking up employment, economic activity, to the establishment or joining of a social cooperative.
2. The promotion of employment shall be carried out in the framework of an individual social employment programme or social contract referred to in the social assistance rules.
Article 16. [ Working to Work] 1. After the completion of the participation in the Centre, and in justified cases also before its completion, however, not earlier than after 6 months of participation in them, upon request of the Head of the Centre, social worker and participant, and in Participation in the social integration club-at the request of a social worker:
1) the district labour office may direct the participant or participant in the social integration club to work:
(a) at the employer
(b) the Centre;
2) (repealed).
1a. Graduates of the social integration centre or graduates of the social integration club may undertake joint economic activities in the form of social cooperatives on the principles laid down in the rules on social cooperatives.
2. Directing to the work referred to in paragraph. 1 point 1 (a) shall take place on the basis of an agreement concluded between the appendage competent for the seat of the Centre or of the municipality, the non-governmental organisation or body referred to in Article 1 (1) (a). 18 (1) 1, and the employer, in which the employer undertakes to hire a directed participant or participating in a social integration club for a period of not less than 12 months, and the starosta to reimburse the employer of the part paid to that person salaries for the first 12 months, of a maximum not exceeding:
1) 100% unemployment benefit together with the social security contribution, in the first 3 months;
2) 80% of the unemployment benefit with the social security contribution, in the third consecutive month;
3) 60% unemployment benefit with the social security contribution, in the following 6 months.
3. Paragraph Recipe 2 shall apply mutatis mutandis in the case of referral of a participant and participating in the social integration club to work in the Centre.
4. The costs of legal assistance, consultation and advice in taking up the activities referred to in the paragraph. 1a, may be co-financed by the Labour Fund up to 80% of the documented costs of legal assistance, consultation or advice, not exceeding the average wage, however.
5. The refund referred to in paragraph 2, shall make an old-age from the resources of the Labour Fund, in monthly periods, on the basis of the employer's request, within 30 days from the day of its submission.
5a. The application referred to in paragraph 1. 5, contains:
1) the employer's data;
2) the data directed by the participant or participating in the social integration club;
(3) the amount and the components of remuneration;
4. the amount of the refund.
5b. The refund referred to in paragraph 1 2, shall be granted as de minimis aid in accordance with Commission Regulation (EU) No 1407/2013 of 18 December 2013. on the application of Article 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (Dz. Urz. EU L 352/1 from 24.12.2013).
5c. The certificate of grant of the refund referred to in paragraph 1. 2, it shall be issued by the starost under the conditions laid down in the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, 2008 Nr 93, pos. 585 and 2010 Nr 18, pos. 99).
6. In the event of the activity referred to in paragraph. 1a, the powers referred to in the provisions on promotion of employment and labour market institutions shall be entitled.
Article 17. (repealed).
Chapter 7
Social inclusion clubs
Article 18. [ Social inclusion clubs] 1. The municipality, the non-governmental organization and the entities referred to in art. 3 para. In accordance with Article 4 (2) of Regulation (EU) No 22/EU of the European Commission and of the Council, the European Commission shall 1, they can run a social integration club. The social integration club shall be carried out following an entry in the register referred to in Article. 18a.
2. In social integration clubs, it may be organised in particular:
1) [ 1] activities aimed at helping to find work for a fixed, full-time or part-time job in employers, performing services on the basis of civil-law contracts, and preparing to take up employment or to undertake activities in form of a social cooperative;
2) socially useful works;
3. public works;
4) legal counselling;
5) self-employment in employment, housing and social affairs;
6) trainees referred to in the regulations on employment promotion and labour market institutions.
3. Participation in social integration clubs is voluntary.
4. The condition of participation in the social integration club is the realization of the social contract referred to in the provisions on social assistance.
5. The period of participation in the social integration club shall be determined individually with each of the participants.
5a. The completion of participation in the social integration club is confirmed by a certificate issued immediately by the operator of the social integration club.
6. The establishment and activity of social integration clubs may be financed in particular:
1) from the European Union's resources;
2) from grants coming from the income of its own municipality.
7. The social integration club can carry out activities in the field of social integration of the unemployed to shape the active attitude in the social and professional life referred to in art. 62a par. 5 of the Act of 20 April 2004. on the promotion of employment and labour market institutions.
8. Implementation of the actions referred to in paragraph. 7, and their financing shall take place, in accordance with:
1) the agreement referred to in art. 62a par. 7 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in the case of a social integration club operated by the municipality, or
2) the contract referred to in art. 62a par. 11 of the Act of 20 April 2004. on the promotion of employment and labour market institutions, in the case of a social integration club operated by an entity referred to in art. 3 para. 2 point 3.
9. To the activities of the social integration club referred to in paragraph. 7, the paragraph shall not apply. 3-5.
Art. 18a. [ Register of social integration clubs] 1. Wojewoda maintains a register of social integration clubs.
2. The entry in the register shall be made by the competent due to the place of functioning of the social integration club, on the basis of the notification of the entity referred to in art. 18 (1) 1, within 30 days from the date of filing.
3. The report referred to in paragraph. 2, it shall be made on the notification form, the model of which and the necessary annexes shall be defined by the Minister responsible for social security, by means of a regulation, with a view to obtaining and collecting reliable and complete data on the places and entities that lead the social inclusion clubs.
4. The subject referred to in art. 18 (1) 1, shall be obliged in case of cessation of the social integration club to notify this fact of the fact of the fact of the wojewoda, in written form, no later than 30 days from the date of cessation of the club's social integration.
5. In the case of a statement by the voyev to cease running a social integration club or make a declaration referred to in paragraph. 4, the wojewoda outlines the social integration club from the register.
6. The social inclusion club shall present annually, not later than 31 March, the report containing the calculation of the grant for the previous year and the effects of reintegration into the labour and social conditions.
Art. 18b. [ Information on the number of registered social integration clubs presented by the wojewater] The water shall be presented annually, not later than 30 April, to the Minister for Social Security the number of social inclusion clubs registered as at 31 December of the previous year.
Art. 18c. [ Information on the functioning of the centres and social integration clubs submitted by the Council of Ministers] The Council of Ministers shall submit to the Sejm and the Senate of the Republic of Poland during the biennial periods, by 30 September at the latest, information on the functioning of the centres and social integration clubs.
Chapter 7a
Social Employment Council
At. 18d. [ Scope of Action of the Social Employment Council] 1. At the minister responsible for social security, the Social Employment Council acts as an advisory and advisory body in matters of social employment.
2. The scope of action of the Social Employment Council shall be:
1) the opinion of draft legislative acts and the initiation of amendments to the provisions of the law on social employment;
2) preparing expert opinions on selected areas of social employment;
3. presentation of the Minister responsible for the social security of periodic information on his activities;
4) adopt and give an opinion to the Minister responsible for Social Security of applications for special awards for outstanding achievements in social employment.
Art. 18e. [ Composition Of The Social Employment Council] 1. The Board of Social Employment consists of not more than 15 persons representing the entities of social employment, voyees, social and professional organisations.
2. The members of the Social Employment Council shall appoint, from among the representatives referred to in the paragraph. 1, the Minister responsible for Social Security for a period of 3 years.
3. Members of the Social Employment Council are socially responsible.
(4) The members of the Social Employment Council shall benefit from redundancies in order to participate in the meetings of the Council and shall be entitled to reimbursement of the costs of the delegation from the budget of the Minister responsible for social security.
5. The costs associated with the service of the Social Employment Council shall be covered by the budget of the Minister responsible for social security.
6. The Council of Social Employment may, with the consent of the Minister responsible for social security, invite experts and other non-members to cooperate with them. Paragraph 1 shall apply mutatis mutandis to the participation of persons invited to the meetings of the Council. 4.
7. The Minister responsible for Social Security shall determine, by means of a regulation, the modalities for the notification of candidates to members of the Social Employment Council, the organisation and the procedure of action of the Council, taking into account the principle of collegiality and subsidiarity Council work.
Chapter 8
Amendments to the provisions in force and transitional and final provisions
Article 19. (bypassed).
Article 20. (bypassed).
Article 21. (bypassed).
Article 22. (bypassed).
Article 23. (bypassed).
Article 24. (bypassed).
Article 25. (bypassed).
Article 26. (bypassed).
Article 27. (bypassed).
Article 28. (bypassed).
Article 29. [ Entry into force] The Act shall enter into force after 30 days from the day of the announcement, except for Art. 22, point 1, which enters into force on 16 July 2003.
[ 1] Article 18 (1) Article 2 (1), as amended by Article 2 (1) 7 of the Act of 25 June 2015. Amendment of the Act-Labour Code and some other laws (Journal of Laws of the Law of the European Union 1220). The amendment came into force on 22 February 2016.
