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Regulation Of The Council Of Ministers Of 31 December 1975 On The Powers Of Those Carrying Out Employee Job-Processing

Original Language Title: ROZPORZĄDZENIE RADY MINISTRÓW z dnia 31 grudnia 1975 r. w sprawie uprawnień pracowniczych osób wykonujących pracę nakładczą

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COUNCIL OF MINISTERS REGULATION

of 31 December 1975

on the labour rights of persons performing the work of imposing work

On the basis of art. 303 § 1 of the Labour Code (Dz. U. of 1974 No 24, pos. 141 and of 1975 No 16, pos. 91), art. 5 par. 2 point 2 of the Act of 23 January 1968. of the general pension provision of employees and their families (Dz. U. of 1968 r. No 3, pos. 6, of 1972 No 16, pos. 114 i Nr 53, poz. 341, of 1973. No. 38, pos. 225, of 1974 No 21, pos. 116 and 117, No 47, pos. 280 i No 50, pos. 321 and 1975. Nr 45, poz. 232) and art. 4 par. 1 of Decree of 28 October 1947. about family insurance (Dz. U. of 1947. No. 66, pos. 414 of 1949 Nr 18, pos. 109, of 1950 Nr 20, pos. 170 and No. 36, pos. 333, from 1960 Nr 20, pos. 119 and 1968 No 3, pos. 6. the following shall be managed after agreement with the nationwide inter-beam organisation:

§ 1. The Regulation shall apply to persons performing the work of imposing work, hereinafter referred to as 'contractors', to employers, hereinafter referred to as 'overlays'.

§ 2. (1) The contract of employment contract, hereinafter referred to as the contract, shall be concluded in writing, specifying the type of contract and its basic conditions, and in particular the type of work and the timing of the contract and the rules for remuneration.

2. The contract shall be concluded for a trial period, for a specified period of time, for the duration of a specified work or for an unspecified period of time. The trial period shall not exceed 3 months.

3. (deleted).

§ 3. 1. In the contract of the party shall specify the minimum monthly amount of work, the performance of which shall be the contractor's duties. The minimum amount of work should be so determined that it ensures that at least 50% of the lowest remuneration determined by the Minister of Labour and Social Policy on the basis of art is obtained. 77 4 Paragraph 1 of the Labour Code, hereinafter referred to as 'the lowest remuneration'.

(2) If the work of the levy is an exclusive or main source of subsistation for the contractor, the amount of work shall be so determined that the performance of the work ensures that the remuneration is not less than the lowest remuneration.

3. (deleted).

§ 4. 1. The agreement may be terminated at any time by the agreement of the parties.

2. An agreement concluded for a trial period can be resolved for a 2-week notice.

3. A contract concluded for an indefinite period of time may be terminated in a 1-month notice. The notice period shall end on the last day of the calendar month.

§ 5. 1. The application shall not terminate the contract during the period of holiday leave of the contractor or during the period of its incapacity for work due to illness or isolation due to an infectious disease, if the period of entitlement to the termination of the contract has not yet expired without notice on the basis of Article 6 (1) (a 1 point 3, unless this is due to the announcement of the bankruptcy of the overlay or the liquidation of the overlay or the omission of a system of overlaying work.

2. The Nakloader shall not terminate the contract between the appointment of the contractor for the exercise or the military training and their holding, unless it is due to the announcement of the bankruptcy of the overlay or his liquidation or omission of the system of work apply.

3. The Nakloader may not, without the consent of the establishment of the union organization, terminate or terminate the contract with the contractor being a member of the management board of that organization, unless it is justified by the announcement of the bankruptcy of the overlay or its liquidation or omission the compulsory labour force, the achievement of the retirement age or the obtaining of the right to a pension for the advance payment to the I or II of the group of invalids.

§ 6. 1. The Nakloader may terminate the contract without notice:

1) by the fault of the contractor in the event of a serious breach by him of the obligations under the contract, and in particular the defective execution of his or her fault of the entrusted work, failure to comply with the rules and rules of occupational safety and hygiene, innumerable in the fixed dates from the raw materials or materials collected, non-performing for a period of 3 months of the amount of work referred to in § 3 (3), not executed without any reasonable reason. 1, or make abuses, in terms of the use of social security benefits or other social benefits.

2) by the fault of the contractor in the event of the commission of a criminal offence, which prevents further entrusting him with a work of imposing, if the offence is obvious or has been found to be a final sentence,

3) in the event of failure to work by the Contractor due to:

(a) incapacity to work as a result of disease or isolation due to an infectious disease for a period of more than 3 months,

(b) incapacity to work as a result of occupational disease or due to accidents at work for more than 6 months,

(c) inability to work for reasons other than those referred to under point (c). (a) and (b) for a period of more than 1 month, subject to paragraph 5 (5). 2.

2. The termination of the contract without termination of the fault of the contractor shall not occur after 1 month from the time of obtaining the message of the circumstances justifying the termination of the contract.

§ 7. 1. The Nakloader shall not denounce or terminate the contract concluded for the period not specified during pregnancy and maternity leave of the woman performing the work shall impose, unless there are reasons justifying the termination of the contract without notice on the basis of Article 6 (1) 1 (1) and (2).

2. The termination of the contract for termination during pregnancy or maternity leave may occur only in the event of a declaration of bankruptcy of the overlay or its liquidation or omission of a system of overlapping work. In the event of the impossibility of other work being ensured during this period, the work of the executing woman shall be subject to the provision of specific provisions laid down in the law.

3. The contract concluded for a fixed period of time or for the performance of a specified work, which would be terminated after the expiration of the third month of pregnancy, shall be extended until the day of delivery.

§ 7a. 1. In the event of the need to limit the system of overlaying work on the grounds referred to in art. 1 (1) 1 of the Act of 28 December 1989. about the specific rules for the resolution of labour relations workers on grounds relating to the establishment of work and the change of certain laws (Dz. U. of 1990 No 4, pos. 19, No. 10, pos. 59 and No. 51, pos. 298, of 1991. Nr 83, pos. 372, No. 106, pos. 457 i Nr 113, poz. 491, of 1992 No 21, pos. 84, of 1994. No. 1, pos. 1 and of 1996. No 24, pos. 110), hereinafter referred to as "the Act", the overlay may terminate, by means of denunciation, contracts with the contractors referred to in § 5 and 7, with the conduct of the procedure set out in the paragraph. 2-4.

2. About the intention and the reasons for the termination of the contract of the contractor referred to in paragraph. 1, the levy shall be notified in writing to the establishment of the association.

3. Within 5 days of the notification, the trade union organisation may lodge a motivated objection.

4. In the event of any disclaimer, and in the event of a failure to take up a position by the establishment of a trade union within the time limit laid down in the paragraph, 3, the overlay shall take a decision on the termination of the contract.

§ 8. 1. The contractor may terminate the contract without notice, if a medical certificate stating the detrimental effect of the work performed on his health has been issued, and the overlay shall not be assigned to him during the month of another work, appropriate due to the condition of the performer's health and professional qualifications and the conditions under which the work is performed.

2. If the work is performed in the contractor's dwelling, the provision of the paragraph shall be made. 1 shall apply mutatis mutandis also in cases where the work has a detrimental effect on the health of the co-residents.

§ 9. 1. In the event of termination by the application of the contract in violation of the provisions of § 4-7a of the contractor shall be entitled to a claim for reinstatement to work on previous terms or for compensation.

2. In the event of termination of the contract concluded for the probationary period, for a specified period or for the time of execution of the specified work of the contractor shall be entitled to the claim for damages only.

3. The dispute settlement body may, instead of restoring to work, grant compensation also in the event of termination of the contract concluded for an indefinite period, if the restoration to work would be contrary to the principles of social coexistence.

4. Compensation shall not be lower than 1-month salary and shall not exceed 3 months ' remuneration, calculated as the cash equivalent for the holiday leave.

5. The contractor who has taken the job as a result of the restoration to work shall be entitled to remuneration for the time remaining without work, calculated as the cash equivalent for the holiday leave, no more than in 3 months. In this case, the time remaining without work for which a remuneration is granted shall be included in the working period. A period of non-wage work for which no remuneration has been granted shall not be regarded as a break at work entanding the loss of allowances dependent on continuous work.

6. The contractor to whom the compensation is granted shall count against the period of work of the non-working period corresponding to the period for which compensation has been granted.

§ 9a. The intended solution of contracts with contractors due to the announcement of the bankruptcy of the overlay or its liquidation or omission of a system of overlapping work or limitation of a system of overlapping work resulting in the need to terminate contracts with at least 10% contractors for the reasons set out in Article 1 (1) 1 of the Act, the overlay is required to notify the competent local office of the labour office before the date of termination.

§ 9b. 1. If the contract with the contractor has been terminated as a result of the termination of the notice due to the announcement of the bankruptcy of the overlay or its liquidation or in connection with the omission or limitation of the system of effort of the overlay on the grounds referred to in art. 1 (1) 1 of the Act, the economic operator shall be entitled to cash.

2. The payment of money shall be granted in the amount of:

1) one month's salary, if the total working period is less than 10 years,

2) a two-month salary if the total period of work is 10 years, but less than 20,

3) a three-month salary, if the total period of work is 20 years and more.

3. The period of work on which the amount of the monetary exercise depends, shall include the periods of performance of the work on the basis of the employment relationship and the contract under the conditions provided for in § 32.

4. The payment of monetary income shall be granted if the remuneration for the performance of the effort is made to the economic operator only, or has been designated by him as the primary source of subsistation.

5. The monetary income shall be determined on the basis of the rules envisaged for the calculation of the remuneration for the holiday leave. The expenditure of this Title shall be covered entirely by means of a levy.

6. In the event of the concourse of the right to the right to the right of the provision In order to be able to take account of the fact that the person concerned is entitled to a pension, he or she shall be entitled to an allowance for payment of the amount of the pension.

7-11. (deleted).

§ 9c. The right to the monetary recovery shall be granted to the contractor also in the event of termination of the contract for the reasons set out in § 9b. 1 under the agreement of the parties.

§ 10. 1. In connection with the termination of the contract, the contractor shall be obliged to issue the contractor with a certificate of effort immediately. The provisions of Article 4 97 § 2 of the Labour Code shall apply accordingly.

2. In the work certificate of the overlay shall include the information on the period of effort of the levy, in which the contractor obtained a salary of at least 50% of the lowest remuneration and in the case of termination of the contract for the reasons set out in § 9b (b). 1-also information on the reason for the termination of this agreement.

3. Rules of Art. 99 of the Labour Code shall apply accordingly.

§ 11. 1. In the absence of any different provisions of the contract, the overlay shall be provided to the contractor of raw materials, materials or other objects and tools, machinery and equipment necessary for the execution of the effort, as well as to maintain in due state technical machinery and equipment-with the exception of ongoing maintenance.

2. In the event of failure to comply with the obligations referred to in paragraph. 1, and thus preventing the execution of the monthly amount of work specified in the contract, for the time of non-performance of the contractor's work shall be entitled to a salary calculated as for the rest period, however not higher than the lowest remuneration.

§ 12. 1. The Contractor shall be entitled to remuneration for the work carried out calculated on the basis of unit rates and, when justified by the type of work, by applying another appropriate form of remuneration for the work, as established in the contract or in force at the time of the the imposing rules on the remuneration of contractors.

2. Contractors shall also be entitled to other elements of remuneration and work-related benefits, specified for employees in the employed person, if the right to those components of remuneration and benefits and the extent of their application to contractors set the collective agreement of the work, the rules of remuneration or the contract.

3. The provisions of Article 3 shall apply mutatis mutandis to remuneration for work. 78 § 1, art. 82 and 83 of the Labour Code.

4. The remuneration for the work shall be subject to protection under the rules laid down in the provisions of art. 84-91 of the Labour Code.

5. The Contractors shall be entitled to the remuneration specified in Art. 92 of the Labour Code.

§ 12a. 1. The Contractor shall be entitled to a payment for use in the work of the imposing machinery, equipment and tools constituting the contractor's property-in the amount corresponding to the value of their reproduction.

2. Rules for the application of the payment referred to in paragraph. 1, they shall specify the presentational arrangements of the overlaid work or contract.

§ 13. (deleted).

§ 14. The contractor shall be entitled to an annual, uninterrupted, paid holiday leave of at least 50% of the lowest remuneration in the amount specified in the provisions of Article 4. 154 and 155 of the Labour Code.

§ 14a. The disabled performers I or II shall be entitled to a paid leave of 10 working days in each calendar year. The right to the first leave of an additional economic operator shall be acquired after a period of one year from the advance to the first or second group of invalids.

§ 15. 1. Vacation leave for the whole or part of the calendar year shall be granted in the following year, in the amount of 1/12 of the holiday due, for each month worked, subject to the provisions of the paragraph. 2.

2. The holiday leave shall be reduced by 1/12 of the part for each calendar month in which the economic operator has not received the remuneration referred to in § 14.

§ 16. 1. (deleted).

2. The provisions of Article 1 shall apply mutatis mutandis to the holiday holidays. 162-167 and 171 of the Labour Code.

§ 17. 1. Contractors for the time of holiday leave shall be entitled to a remuneration calculated on the basis of the average remuneration obtained by him during the 12 months preceding the month of commencation of leave, and if the leave is granted for a shorter period -on the basis of the average monthly remuneration of the period actually worked, covering the full calendar months.

2. The remuneration for 1 day of leave shall be determined by dividing the average monthly salary referred to in paragraph 1. 1, by 22.

3. The remuneration for the period of leave shall be determined by multiplying the remuneration for 1 day of leave by the number of days of leave granted.

4. The cash equivalent for not used in whole or in part of a holiday shall be calculated as remuneration for leave.

§ 18. 1. Women performing work shall be entitled to maternity leave in the dimension and in accordance with the rules laid down in the provisions of Article 4 (1). 180 of the Labour Code.

2. Rules of Art. 181-184 and 185 § 1 of the Labour Code shall apply accordingly.

§ 19. A woman shall not be able to entrust a woman's work with a particularly burdensome or harmful effect to her health. The provisions of Article 4 176 of the Labour Code shall be applied accordingly.

§ 20. 1. Women performing work on a pregnant woman should entrust another appropriate work to pregnant women during pregnancy.

2. If, as a result of the entrusts of another work, a woman cannot obtain an existing remuneration, she shall be entitled to a compensatory allowance, but at the most, to the extent of the lowest remuneration.

3. If the overlay cannot be entrusted to a woman during the period of pregnancy of another appropriate work, the provision of § 11 par. 2 shall apply mutatis mutandis.

§ 21. 1. The work of an overlay should be carried out with the preservation of regulations and rules of safety and health at work. The provisions of Article 4 211 of the Labour Code shall apply mutatis mutandis.

2. The application is obliged to show concern for safe and hygienic conditions for the performance of the work, to issue instructions for the removal of the identified deficiencies in this regard, and to control the execution of these orders and to cooperate in the execution of the orders and recommendations issued by the supervisory authorities over working conditions.

§ 22. 1. If the work of the overlay is carried out in a contractor's dwelling, the overlay shall not entrust the works, the performance of which is detrimental to the health of the contractor or its co-residents.

2. The raw materials, materials, machinery and other technical devices supplied by the overlay should comply with safety and occupational health requirements.

3. If the work of the overlay is carried out in the premises of the work belonging to the overlay, the provisions of Chapter 10 of the Labour Code shall apply, subject to § 23-25.

§ 23. As regards health protection, the provisions of Article 1 shall apply mutatis mutandis. 220 § 1, art. 221 § 1-3, art. 222 § 1 and 3, art. 223, 226, 229 § 1, 2, 4, 5 and 6, art. 234, 235, 237 3 , 237 4 and art. 237 6 § 1 and 3 of the Labour Code.

§ 24. 1. (deleted).

2. If necessary, the prescriber shall entrust the economic operator with other work not exposed to the factor which has caused the symptoms of the formation of the occupational disease. If, as a result of the assignment of another work, the contractor is unable to obtain the previous remuneration, he shall be entitled to a compensatory allowance for up to three months and up to the maximum amount of the lowest remuneration.

3. The allowance referred to in paragraph 1. 2, shall be entitled for up to 6 months, if the course of treatment so far has been reclaimed by the contractor to work previously performed or similar.

4. (deleted).

§ 25. If the contractor has become incapable of working as a result of an accident at work or a occupational disease, the operator should entrust him with another appropriate work. In that event, the economic operator shall be entitled to compensatory allowances in accordance with the rules laid down in paragraph 24 (1) 2.

§ 26. The family of the contractor shall be entitled to a post-mortem postmortem in the amount and in accordance with the provisions of Article 93 of the Labour Code.

§ 27. An economic operator shall be considered as an employee within the meaning of the provisions on the general provision of pensions for workers and their families, social insurance, family insurance and cash benefits in respect of accidents at work and diseases. if they are not covered by any other title.

§ 28. 1. The contractor shall have the right to the benefits provided by the provisions mentioned in § 27 under the rules laid down in those provisions.

2. In cases where the right to benefits or including periods of employment within the scope of that right depends on the working time dimension, the contractor shall be considered, in a given calendar month, for a full-time employed, if he has received a salary in the amount of at least the lowest remuneration.

3. In the event of failure to achieve by the contractor the remuneration in the mouth. As a result of the incapacity for work due to illness, the amount of that remuneration shall be reduced in proportion to the reduced work period.

§ 29. (deleted).

§ 30. For the damage caused by the non-execution or improper performance of the obligations arising out of the contract and for the damage in the property entrusted to the contractor, he shall be liable under the rules laid down in the provisions of Article 3. 114-127 Labour Code.

§ 31. 1. A superimposed employing at least 20 contractors shall determine the rules of procedure of the effort. The overlay in which the establishment of a trade union organisation operates shall be consulted by that organisation before the rules of procedure are established.

2. The rules of procedure shall determine the obligations of the overlays and contractors, in particular the rules and the mode of assignment, the time limits and the method of payment of the remuneration for the work and reimbursement of the production costs, time limits and place of issue raw materials and materials and the adoption of products and services made.

3. The contractor shall be obliged to acquaet the contractor with the content of the rules of procedure of the work before his commencing work.

§ 32. 1. The period of effort shall include the period of employment in the employment relationship. The period of effort shall also include the periods of military service and services in the Police, the State Protection Office, the Prison Service, the Border Guard and the State Fire Service-under the conditions of applicable workers.

2. The period of employment in relation to the employment relationship resulting from this ratio shall be included in the period of overlapping work in which the contractor received a remuneration of at least 50% of the lowest remuneration in that period.

3. If the special provision does not provide otherwise, the period of employment of the levy referred to in paragraph shall be included in the employment period. 2, also in terms of occupational rights relating to work in one establishment or in a specific profession.

4. The counting of periods of employment within the employment relationship and the periods of effort shall be subject to the rules applicable to workers in the event of a change of employment.

(5) The period of overlapping work carried out before the date of entry into force of the Regulation shall be included in accordance with paragraph 1. 2-4 and within the scope of the powers provided for in paragraphs 14 and 26, where the economic operator is subject to social security obligations under the rules in force at the time when the work is performed.

§ 33. Periods of overlapping work carried out before the date of entry into force of the Regulation shall be deemed to be periods of employment within the meaning of the provisions referred to in paragraph 27 where the economic operator has been subject to a social security obligation under the rules laid down in paragraph 27. in force at the time of the performance of the work or obtained the remuneration referred to in Paragraph 32 (1) of the basic regulation. 2, if not subject to compulsory insurance.

§ 34. The provisions of Article 1 shall apply mutatis mutandis to contractors who are not invalids of war and combatants. 14, 19 and 20 of the Act of 29 May 1974. the procurement of war and military invalids and their families (Dz. U. 1983 r. No 13, pos. 68, 1990. Nr 34, pos. 198 and No. 36, pos. 206, of 1991 Nr 104, pos. 450, of 1992 No 21, pos. 84, of 1993. Nr 129, pos. 602, 1994 Nr 10, pos. 37 and 1995 No 4, pos. 17 and No. 138, pos. 681) and art. 9 and 10 of the Act of 24 January 1991. about combatants and some individuals who are victims of war repression and post-war period (Dz. U. Nr 17, pos. 75 and No 104, pos. 450, of 1992 No 21, pos. 85, of 1993 Nr 29, pos. 133, No 129, pos. 602 and No. 134, pos. 645, 1994 Nr 99, pos. 482 and 1995 No 4, pos. 17 and No. 138, pos. 681).

§ 35. Disputes concerning the powers of economic operators provided for by the Regulation shall be considered by the competent authorities to deal with disputes relating to workers ' claims on employment and social security, in accordance with the rules laid down for the consideration of employees ' claims.

§ 36. They are hereby repealed:

1) Resolution No 204 of the Council of Ministers of 28 June 1960. on holiday leave for the chałupników (Monitor Polski Nr 58, poz. 273),

2) Resolution No. 119 of the Council of Ministers of 17 June 1971. on the dimension of holiday leave for invalids I and II of the group, doing the work they impose (Monitor Polski Nr 34, poz. 221),

3) Regulation of the Minister of Labour, Palace and Social Affairs of 17 April 1974. on the determination of which persons performing work on an overlay are considered to be employees within the meaning of the Act on the universal provision of the retirement provision of workers and their families (Dz. U. No 16, pos. 91).

§ 37. [ 1] The Regulation shall enter into force on the day of its announcement, with effect from 1 January 1976.

Annex 1.

Annex

Deleted

[ 1] This Regulation shall enter into force on 20 January 1976. with effect from 1 January 1976.