Key Benefits:
ORDINANCE OF THE MINISTER OF LABOUR AND SOCIAL POLICY
of 23 December 1989
on the determination of periods of work and other periods giving entitlement to the jubilee prize and the rules for its calculation and payment
On the basis of art. 79 of the Labour Code shall be managed as follows:
§ 1. The provisions of the Order shall apply in determining the periods of work and other periods on which the acquisition of the right to the Jubilee Prize, hereinafter referred to as 'the award', depends, and for the calculation and payment of that award, of the person concerned on the basis of collective labour or rewarding arrangements or other specific provisions, where those provisions do not contain any different rules in this respect.
§ 2. 1. The period of work entitling to the award shall be counted, regardless of the hiring of employment:
(1) periods of employment in socialised establishments,
2) periods of employment in private employment establishments which have been nationalised or taken over by socialized work establishments.
2. To the period of work referred to in paragraph. 1, shall not include periods of employment completed after the termination of the termination of the contract of employment without termination of the employee's fault and the termination of the employment relationship as a result of the abandonment of work.
§ 3. A worker who is at the same time in more than one employment relationship shall be determined separately for each of the employment relationships. The period of employment of the rewards shall not include the working period in another establishment in which the employee is or has been employed at the same time.
§ 4. 1. The following periods of time after the Second World War shall be included in the period of work entitlement to the award:
1) active military service (professional, essential, overtime, periodic, acting as a candidate for a professional soldier, military training held in military units as part of military training of students and exercises) military, unless the soldier has been punished with disciplinary dismissals from a professional military service or a loss of military grade, or has been released from a professional military service in the event of a final conviction of him on a custodial sentence without the conditional suspension of its implementation,
(2) a fundamental civil defence service, a replacement conscript service and a replacement service,
3) military service in the army of the Union of Socialist Republics of Soviet Union.
2. The period of work entitling to the award shall be included after the liberation of the periods of service in the public security bodies, as well as in the Civic Militia and the Prison Service, unless the officer has been punished with disciplinary punishment He left the service, left the service, or was discharged from the service in the event of a conviction by a final judgment.
3. The duration of the entitlement to the rewards shall count against the time of the liberation of the periods of interruption in employment, caused by:
(1) a secondary school study on the basis of the referral of a work establishment or parent undertaking, provided that it is completed, but not more than the period provided for in the curriculum,
(2) incapacity for work during which social security benefits for sickness and maternity or pay or rehabilitation benefits are granted,
3) care for a child up to 4 years of age, as well as over a child or other family member included in the I group of invalids or on whom the nursing allowance is entitled-a total of not more than 6 years,
4) the holding of a custodial sentence, when then the employee was rehabilitated in the prescribed mode, as well as a stay in temporary custody, if the criminal proceedings were subsequently decommitted due to lack of grounds for prosecution or collapsed an acquittal judgment,
5) unjustified or illegal termination of employment, as well as the failure to issue in time or issue the wrong certificate of work or opinion, if the employee has been granted remuneration or compensation; in such a the accident shall count the period for which the remuneration was granted or the compensation was granted.
4. The periods referred to in paragraph 1. Points 1 and 4 shall also be included in the period of employment if they were preceded by the periods referred to in paragraph 3 (1) and (4). 1 and 2 and § 5 (1) 1.
§ 5. 1. The period of entitlement to the award shall also include the following periods:
1) prior to World War II:
(a) the active military service in the Polish Army as from 1 November 1918,
(b) services in the military folk troops during the Spanish civil war,
c) stay in prison or camp for revolutionary activities,
(d) not to work as a result of persecution for activities in defence of the interests of the working class, as well as in leftist folk movements,
2) during the Second World War:
(a) services in the Polish Army,
(b) the services in the branches which have been in the fight against the Nazi occupiers operating in the territory of Poland or other countries,
(c) the active military service in the army of the Union of Soviet Socialist Republics and in other alliance armies,
d) the active military service performed in Polish military formations abroad during the period from 1 September 1939. to the date of their termination,
(e) in captivity and in military internment camps for persons serving in the formations referred to under point (s). (a)-(d),
(f) stay in prison for political or nationality reasons and stay in a concentration camp or in a labour camp,
(g) forcible works, irrespective of the age of the employee, in the German Reich or in the territories included in the Reich,
(h) works carried out in the areas of the so-called General Governorship by persons aged from 14 years,
(i) to be repressed on the territory of the Union of Soviet Socialist Republics, in particular in the form of deportation or resettlement-irrespective of the age of the worker.
2. The provisions of the paragraph. 1 point 2 (a) (f) and lithium. (i) shall apply mutatis mutandis to workers who are repressed for political reasons after the Second World War in Poland and in the Union of Soviet Socialist Republics.
3. The provisions of the paragraph. 1 and 2 shall not apply if the periods of combatant activity or stay in the concentration camp have been included in the period of work entitling to the award on the basis of separate provisions.
§ 6. Repatriates shall count against the period of work entitling them to the rewards of periods of employment abroad under the conditions and conditions applicable in the country.
§ 7. 1. The employee shall acquire the right to reward in the establishment of the work employing him on the day of the expiry of the period of entitlement to the prize or on the date of entry into force of the provisions introducing the jubilee awards.
2. The payment of the prize should take place immediately after the employee acquisitions the right to this award.
3. An employee shall be obliged to prove his right to the award if there is no relevant documentation in the personal file at the disposal of the establishment.
§ 8. 1. The basis for calculating the prize shall be the remuneration of the employee on the day of payment of the prize, and if it is more favourable to the employee, the remuneration of the employee on the day of the acquisition of the right to the prize. The award shall be calculated on the basis of the rules in force when determining the cash equivalent for holiday leave.
2. In the event of acquisition by the employee of the right to the award after the change of the working time dimension, the basis for the calculation of the prize shall be the remuneration of the employee during the period worked after that change. If the employee has acquired the right to the award while being employed in a different working time than on the date of payment, the basis for calculating the award shall be the remuneration of the employee immediately prior to the change in the working time dimension.
§ 9. In the event of a termination of employment due to a retirement or disability pension in connection with an accident at work or occupational disease, or for an invalidity pension I or II, for other reasons than occupational disease or occupational disease- a staff member who is not less than 12 months of age from the date of termination of the award of the prize shall be paid on the date of termination of the employment relationship.
§ 10. 1. An employee who, on the date of entry into force of the regulations introducing the prizes, acquires the right to two or more prizes, shall be paid only one prize-the highest.
2. An employee who, on the date of entry into force of the provisions introducing the prizes, acquires the right to the prize, and within 12 months from that day will be entitled to the prize of a higher degree, shall be paid within the period specified in the § 7 prize lower, and on the date of the the acquisition of the right to a higher reward-the difference between the amount of the higher prize and the lower prize amount
3. The provisions of the paragraph. 1 and 2 shall apply accordingly, in the event that, on the day on which the employee documented his right to the award, he was entitled to a higher degree of reward and in the event that the employee of the law would be acquired within 12 months from that date.
4. The provisions of the paragraph. 1 and 2 shall also apply to the employee acquiring the right to reward in connection with the entry into force of the order.
§ 11. According to art. 80 of the Act of 30 May 1989. to amend the authorisations to issue implementing acts (Dz. U. Nr 35, pos. 192) loses the power of Resolution No. 138 of the Council of Ministers of 22 September 1978. on the determination of the working periods and other periods entitling to the jubilee prize and the rules of its calculation and payment (Monitor Polski Nr 35, poz. 132).
§ 12. The Ordinance shall enter into force on 1 January 1990.
Minister of Labour and Social Policy: w z. J. Szreter
