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

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ACT

of 10 October 2002

with a minimum wage for work

Article 1. [ Definitions] The terms used in the Act shall mean:

1) "Council of Social Dialogue"-the Council of Social Dialogue, referred to in the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240);

(2) "forecast price index"-the average annual price index of consumer goods and services, adopted for the development of a draft budget law;

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

3a) "average wage"-the average monthly gross wage in the national economy, as announced by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski";

4. "forecast average wage" means the average annual rate of remuneration in the national economy, adopted for the development of a draft budget law;

5) "expenditure of households"-average annual monthly expenditure per person for goods and consumer services for 20% of persons with the lowest income in the household of employees, obtained from the Central Statistical Office maintained by the Central Statistical Office the survey of household budgets;

6) "share-of-labour income ratio"-average per year the share of employed income in household expenses for 20% of persons with the lowest income in the workers ' households, obtained from the lead by the Chief Office of the Statistical survey of household budgets;

7) "average number of dependants"-average per year the number of dependants for 20% of the people with the lowest income in the workers ' households, obtained from the main Statistical Office for the survey of household budgets;

(8) "next year" shall mean the year for which the minimum wage is fixed;

9. "previous year" shall be the year preceding the year in which the negotiations of the Social Dialogue Council are held.

Article 2. [ Negotiations on the minimum wage] 1. The amount of the minimum wage for work, hereinafter referred to as the "minimum wage", shall be negotiated annually within the framework of the Social Dialogue Council.

2. The Council of Ministers shall, by 15 June each year, submit to the Social Dialogue Council:

1) a proposal for the amount of minimum remuneration in the following year, together with the deadline for the change in the amount of that remuneration, according to art 3;

2. information on the price index in the previous year;

3) information on the forecast for the following year: the price index and the average remuneration ratio;

4) the amount of the average salary in the first quarter of the year in which the negotiations are held;

(5) information on the expenditure of households in the previous year;

6) information on the ratio of the share of the income from the employed and the average number of dependants of the employed person in the previous year;

7) information on the amount of average monthly salaries in the previous year by type of activity;

8) information on the living standards of different social groups;

9) information on the economic conditions of the state, taking into account the situation of the state budget, the requirements of economic development, the level of labour productivity and the need to maintain a high level of employment

10) the forecast of real gross domestic product growth.

3. The Social Dialogue Council, after receiving the proposals and information referred to in the paragraph. 2, shall agree on the minimum remuneration for the following year within 30 days from the date of receipt of the proposal.

4. The amount of the minimum remuneration referred to in paragraph 4. 3, shall be subject to the notice in the Official Journal of the Republic of Poland "Monitor Polski", by the notice of the Prime Minister, by the date of 15 September each year.

5. If the Social Dialogue Council does not agree within the time limit referred to in paragraph 1. 3, the amount of the minimum wage in the following year, the Council of Ministers shall fix the minimum remuneration for the following year, together with the date of amendment of that amount, by way of regulation, by 15 September each year. The minimum wage fixed by the Council of Ministers may not be lower than the minimum remuneration referred to in paragraph 1. 2 point 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, respectively, to the change of the term made on the basis of art. 19 (1) 2 of the Act of 24 July 2015. on the Social Dialogue Council and other institutions of social dialogue.

Article 3. [ Deadlines for change of minimum wage] If the price index as referred to in Article is forecast for the following year 2. Article 2 (3) shall be:

1. at least 105%-two dates for amending the minimum wage shall be set: from 1 January and 1 July;

2. less than 105%-one time limit shall be fixed for the change in the minimum wage: from 1 January.

Article 4. [ Minimum amount of remuneration as from 1 January 2003] 1. From 1 January 2003 minimum wage is fixed at 800 PLN.

2. The amount of the minimum remuneration referred to in paragraph 2. 1, provides the basis for determining the minimum wage in 2004.

Article 5. [ Verification Indicator] 1. The amount of minimum remuneration referred to in art. 2, is determined in such a way that the average minimum wage in a given year increases to the extent not lower than the forecast price index for a given year, subject to the paragraph. 4.

2. If, in the previous year, the forecast price index differs from the price index, the minimum wage in the year preceding the year for which it is fixed shall be taken into account for determining the minimum wage for the following year. the minimum remuneration, adjusted by the verification rate referred to in paragraph 1, 3.

3. The verification rate shall be obtained by dividing the price index in the previous year by the forecasted 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 of the average salary referred to in Article 4. 2. 2 point 4, the degree of growth referred to in paragraph 2 (4). 1, plus 2/3 of the projected real increment of gross domestic product.

Article 6. [ Determining the salary of employees] 1. The amount of the salary of a staff member employed in full monthly working time shall not be less than the minimum wage set in the art mode. 2 and 4, subject to paragraph. 2.

2. The amount of salary of the employee during the period of his first year of work, subject to the paragraph. 3, may not be less than 80% of the amount of the minimum wage for the work.

3. To the period referred to in paragraph. 2, all the periods for which the contribution to social security or pension provision has been paid, excluding periods of employment on the basis of a contract of employment for the purpose of professional preparation.

4. For the calculation of the employee's remuneration, the employee's remuneration and other benefits arising from the employment relationship shall be taken into account in accordance with the rules of employment and remuneration statistics laid down by the Chief Executive Officer. Statistical Office for personal salaries, subject to paragraph. 5.

5. The following shall not be taken into account when calculating the employee's salary:

1) the jubilee prize;

(2) the payment of the cash to the employee in connection with the retirement or disability pension;

3) remuneration for overtime work.

Article 7. [ Supplement to remuneration] 1. If, in a given month, due to the dates of payment of certain components of remuneration or the distribution of working time, the salary of the employee, calculated in accordance with art. 6 para. 4, it is lower than the minimum wage, the remuneration shall be supplemented to this amount in the form of a compensation.

2. Compensation shall be paid for the period of each month together with the payment of remuneration.

3. Employees paid on the basis of hourly rates of remuneration shall be paid for each hour of work. Compensation is the difference between the amount of hourly pay resulting from the splitting of the minimum wage by the number of working hours per employee in a given month in the full time frame work, and the amount of the employee's salary in a given month, calculated according to art. 6 para. 4, converted to the working hour.

(4) Employees remunerated on the basis of monthly wage rates which are not remunerated for the full monthly dimension of working time, the compensation shall be paid for each hour of work. Compensation is the difference between the amount of hourly pay resulting from the splitting of the minimum wage by the number of working hours per employee in a given month in the full time frame work, and the amount of the employee's salary in a given month, calculated according to art. 6 para. 4, converted to the working hour.

Article 8. [ Calculation of the remuneration of part-time workers] 1. If the employee is employed on a part-time basis, the amount of the minimum wage shall be set in an amount commensurate with the number of working hours per employee in the month in question, taking the the basis of the minimum remuneration determined pursuant to this Law.

2. The provisions of Article 4 shall apply mutatis mutandis to the calculation of the compensation of staff members employed in part-time periods of work. 7 ust. 3 and 4.

Article 9. (bypassed)

Article 10. (bypassed)

Article 11. (bypassed)

Article 12. (bypassed)

Article 13. (bypassed)

Article 14. (bypassed)

Article 15. (bypassed)

Article 16. (bypassed)

Article 17. (bypassed)

Article 18. (bypassed)

Article 19. (bypassed)

Article 20. (bypassed)

Article 21. (bypassed)

Article 22. (bypassed)

Article 23. (bypassed)

Article 24. (bypassed)

Article 25. [ Lowest wage for employees ' work] Whenever the provisions of the law are referred to as "the lowest remuneration for the work of employees" by referring to separate provisions or to the Labour Code or by indicating the Minister of Labour and Social Policy, the Minister of Labour and Social Policy or the Minister responsible for the work as obliged to fix such remuneration on the basis of separate regulations or the Labour Code, that means the amount of 760 zł.

Article 26. [ Entry into force] The Act shall enter into force on 1 January 2003.