Act Of 10 October 2002 On Minimum Wage For The Work

Original Language Title: USTAWA z dnia 10 października 2002 r. o minimalnym wynagrodzeniu za pracę

Read the untranslated law here: https://www.global-regulation.com/law/poland/3353744/ustawa-z-dnia-10-padziernika-2002-r.-o-minimalnym-wynagrodzeniu-za-prac.html

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Article. 1. [Definitions] used in this Act shall mean: 1) "Council of social dialogue", the Council for social dialogue, referred to in the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue (OJ. 1240);

2) "forecast the price index"-annual average price index of consumer goods and services generally, adopted to develop the project budget;

3) "price index"-annual average price index of consumer goods and services, announced by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish";

3A) "average wage" – the average monthly gross wage in the national economy, announced by the President of the Central Statistical Office in the official journal of the Republic of Poland "Monitor Polish";

4) "projected average salary"-annual average indicator of the average wage in the national economy, to develop the project budget;

5) "household expenses" is the average of the year monthly expenditure per person on consumer goods and services for the 20% of people with the lowest income in the households of workers obtained from by Central Statistical Office household budget surveys;

6) "participation rate of income from employment" is the average of the year the share of income from employment in household expenses for the 20% of people with the lowest income in the households of employees obtained from by Central Statistical Office household budget surveys;

7) "average number of dependents person working najemnie"-the average of the year the number of people dependent on the person working najemnie for 20% of people with the lowest income in the households of employees, obtained from the register kept by the Central Statistical Office household budget surveys;

8) "next year" is the year for which is determined by the height of the minimum wage;

9) "previous year" is the year preceding the year in which hosts the negotiations the Council for social dialogue.



Article. 2. [the negotiations on minimum wage] 1. The amount of minimum wage, hereinafter referred to as the "minimum wage", annually the subject of negotiations within the framework of the Council of the social dialogue.

2. the Council of Ministers no later than 15 June of each year, submit to the Council for social dialogue: 1) a proposal for the amount of the minimum salary the following year along with a change in the amount of this remuneration, in accordance with article 5. 3;

2) the price index in the previous year;

3) projected for the following year: price index and the index of average earnings;

4) the amount of the average wage in the first quarter of the year, which hosts the negotiations;

5) household expenditure in the previous year;

6) index of the share of income from employment and the average number of dependents person working najemnie in the previous year;

7) about the amount of average monthly salaries in the previous year according to the types of activities;

8) information about the level of life of the various social groups;

9) the economic conditions of the Member State, taking into account the situation of the State budget, the requirements of economic development, levels of productivity and the need to maintain a high level of employment;

10) a projected real growth of gross domestic product.

3. the Council for social dialogue, after receipt of the proposal and the information referred to in paragraph 1. 2, brings the amount of the minimum wage in the following year within 30 days from the date of receipt of the proposal.

4. the amount of the minimum wage referred to in paragraph 1. 3, shall be subject to the notice in the official journal of the Republic of Poland "Monitor Polish", by way of notice of the President of the Council of Ministers, no later than 15 September of each year.

5. If the Council of the social dialogue does not agree within the period referred to in paragraph 1. 3, the amount of the minimum wage in the following year, the Council of Ministers shall determine the amount of the minimum wage in the following year, together with the date of change of the height, by regulation, not later than 15 September of each year. The amount of the minimum wage fixed by the Council of Ministers may not be less than the amount of the minimum wage referred to in paragraph 1. 2, paragraph 1.

6. the time limits referred to in paragraph 1. 2-5, the social dialogue Council changes at the request of the representative of the Council of Ministers, in its composition, to change an appointment made pursuant to art. 19 paragraph. 2 of the Act of 24 July, 2015, at the Council for social dialogue, and other institutions of social dialogue.



Article. 3. [the terms changes the amount of the minimum wage] if the forecast for the next year the price index, referred to in article 1. 2. 2, paragraph 3, shall be: 1) of at least 105%-is determined by the two terms changes the amount of the minimum wage: from 1 January and 1 July;

2) less than 105%-fixed one term changes the amount of the minimum wage: from 1 January.



Article. 4. [the amount of the minimum wage from January 1, 2003.] 1. from 1 January 2003 shall be the minimum salary of £ 800.

2. the amount of the minimum wage referred to in paragraph 1. 1, is the basis for determining the amount of the minimum salary in 2004.



Article. 5. [the verification Indicator] 1. The amount of the minimum wage referred to in art. 2 is determined in such a way that the average height of the minimum wage in a given year has increased to the extent of not less than projected for the year in the price index, subject to paragraph 2. 4.2. If in the previous year forecast the price index differs from the price index, in determining the amount of the minimum wage in the following year shall take into account the amount of the minimum wage in the year preceding the year for which is determined by the minimum wage, adjusted the verification indicator referred to in paragraph 1. 3.3. A verification indicator is obtained by dividing the price index in the previous year by forecast the price index in the previous year.

4. If, in the year in which the negotiations are held, the amount of the minimum wage will be less than half the amount of average earnings, as referred to in article. 2. 2, paragraph 4, the amount of the increase referred to in paragraph 1. 1, increases Additionally the projected increment at index 2/3 real gross domestic product.



Article. 6. [calculation of compensation of employees] 1. Salary employee in full monthly time shall not be less than the amount of the minimum wage established in the article. 2 and 4, subject to the provisions of paragraph 2. 2.2. The wages of the employee during its first year of service, subject to the provisions of paragraph 2. 3, may not be less than 80% of the amount of the minimum remuneration for work.

3. for the period referred to in paragraph 1. 2, does the all periods, for which she was paid for the contribution to social security or pension supplies, with the exception of periods of employment under a contract of employment in order to prepare.

4. To calculate the appropriate remuneration of an employee shall be the employee's statutory components of remuneration and other benefits resulting from an employment relationship, counted according to the principles of employment statistics and wages set by the Main Statistical Office for personal remuneration, subject to paragraph 2. 5.5. In the calculation of the remuneration of the employee shall not be taken into account: 1) awards the Jubilee;

2) check-in exercise in connection with the employee monetary retirement or survivor's pension for incapacity for work;

3) remuneration for working overtime.



Article. 7. [remuneration Supplement] 1. If in a given month, due to the payment dates of certain components of remuneration or the distribution of working time, the employee's salary, calculated in accordance with art. 6 paragraph 1. 4, is less than the amount of the minimum wage, a wage supplement to this amount in the form of compensation.

2. Alignment shall be paid for the period each month, including the payment of remuneration.

3. Employees of the wynagradzanym based on hourly wage alignment is paid for each hour of work. Alignment is the difference between the amount of remuneration resulting from the split the amount of the minimum salary by the number of hours of work per to be worked by an employee in a given month in the framework of full working time, and the amount of the remuneration of an employee in a given month, calculated in accordance with art. 6 paragraph 1. 4, according to the hour.

4. Employees of wynagradzanym based on the monthly rates of remuneration, which shall not be entitled to remuneration for the full monthly working hours, shall be paid for each hour of work. Alignment is the difference between the amount of remuneration resulting from the split the amount of the minimum salary by the number of hours of work per to be worked by an employee in a given month in the framework of full working time, and the amount of the remuneration of an employee in a given month, calculated in accordance with art. 6 paragraph 1. 4, according to the hour.




Article. 8. [calculation of the remuneration of part-time employees] 1. If an employee is employed on a part time basis a month, the amount of the minimum wage shall be fixed at an amount proportionate to the number of hours of work per to be worked by an employee in a given month, taking as a basis the amount of the minimum wage established under this Act.

2. To calculate the alignment of workers employed part time job one month shall apply mutatis mutandis the provisions of article 4. 7 paragraph 1. 3 and 4.



Article. 9. (omitted) Art. 10. (omitted) Art. 11. (omitted) Art. 12. (omitted) Art. 13. (omitted) Art. 14. (omitted) Art. 15. (omitted) Art. 16. (omitted) Art. 17. (omitted) Art. 18. (omitted) Art. 19. (omitted) Art. 20. (omitted) Art. 21. (omitted) Art. 22. (omitted) Art. 23. (omitted) Art. 24. (omitted) Art. 25. [Lowest salary employees] Whenever the law is talking about "the lowest remuneration for work ' by reference to the rules or to the labour code or by an indication of the Minister of labour and social policy, the Minister of labour and Social Affairs or the Minister responsible for working as a principal to determine such remuneration on the basis of separate regulations or the labour code, this means that the amount of $760.



Article. 26. [entry into force] this Act shall enter into force on 1 January 2003.