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Regulation Of The Minister Of Labour And Social Policy Dated 23 April 2012 On The Make From The Labour Fund Refund Of Costs Of Equipment Or Retrofit Jobs For The Unemployed And Allocation To Take Guns

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SPOŁECZNEJ z dnia 23 kwietnia 2012 r. w sprawie dokonywania z Funduszu Pracy refundacji kosztów wyposażenia lub doposażenia stanowiska pracy dla skierowanego bezrobotnego oraz przyznawania środków na podjęcie dział

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REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)

of 23 April 2012

on the making of a refund of costs of equipment from the Labour Fund, or the retrofitting of a job for the unemployed person and the allocation of funds for taking up economic activity

On the basis of art. 46 (1) 6 of the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2015 items 149 and 357) shall be managed as follows:

§ 1. [ Regulatory scope] 1. The regulation shall specify:

1) the detailed conditions and mode of making by the Starostna from the Labour Fund:

(a) a business operator, hereinafter referred to as "the entity",

(b) the agricultural producer referred to in Article 46 (1) 1 point 1a of the Act of 20 April 2004. on the promotion of employment and labour market institutions, hereinafter referred to as 'the Law',

(c) non-public kindergarten and non-public school as referred to in the Act of 7 September 1991. o system of education (Dz. U. of 2004 Nr 256, pos. 2572, as of late. zm.), hereafter referred to as "kindergarten" and "school"

-reimbursement of the costs of equipment or the retrofitting of a job for the unemployed person, hereinafter referred to as "the refund";

2) the detailed conditions and mode of awarding by the starostia from the Labour Fund:

(a) the unemployed,

(b) a graduate of the social integration centre referred to in art. 2 item 1a of the Act of 13 June 2003. with social employment (Dz. U. of 2011 r. Nr 43, pos. 225 and No. 205, pos. 1211), hereinafter referred to as the "CIS alumni",

c) a graduate of the social integration club, referred to in art. 2 item 1b of the Act of 13 June 2003. o employment social employment, hereinafter referred to as "the KIS graduate"

-a one-off means for taking up economic activity, hereinafter referred to as "the financing";

3) the forms of securing the refund of the refund received or to the grant, in the event of failure to meet the terms of the contract concerning their award.

2. The refund to the entity and to the financing shall constitute de minimis aid within the meaning of the provisions of 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, 24.12.2013, p. 1. and shall be granted in accordance with the provisions of that Regulation, with the exception of the measures to be granted in respect of national transport of taxi persons.

(3) The refund to be made to the agricultural producer shall be de minimis aid in the agricultural sector within the meaning of the provisions of Commission Regulation (EU) No 1408/2013 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 in the agriculture sector (Dz. Urz. EU L 352, 24.12.2013, p. (9) and shall be granted in accordance with the provisions of that Regulation.

4. The refund of pre-school or school shall constitute de minimis aid within the meaning of the provisions of 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, 24.12.2013, p. 1) and is granted in accordance with the provisions of this Regulation; where the refund is made as financial support from the Labour Fund for the implementation of the tasks set out in the Act of 7 September 1991. o system of education-does not constitute de minimis aid.

(5) The refund shall not be granted if, together with any other public aid, irrespective of its form and source of origin, including measures coming from the budget of the European Union, it is granted in respect of the same eligible costs, will exceed the permissible aid intensities laid down for the particular purpose of the aid.

§ 2. [ Application for refunds] 1. The subject, kindergarten, school or agricultural producer intending to create a job for the unemployed person may submit to an old age due to his or her seat, a kindergarten, a school or an agricultural producer or because of his/her to the place where the unemployed person is performing work by an unemployed person requesting a refund from the Work Fund, hereinafter referred to as 'the refund application'.

2. The refund application shall contain:

1) the designation of the entity, kindergarten, school or agricultural producer, including:

(a) the name or surname in the case of a natural person,

(b) the address of the place of establishment or residence

(c) PESEL number in the case of a natural person,

(d) the identification number in the national official register of entities of the national economy (REGON), if given,

(e) tax identification number (NIP),

(f) the date of establishment,

(g) a symbol of the subclass of the activities carried out in accordance with the Polish Classification of Activities (PKD),

(h) the designation of the legal form of business

2) the number of equipped or retrofitting work stations for the unemployed;

(3) the calculation of expenditure on equipment or the retrofitting of individual work stations and the source of their financing;

4. the amount of refund applied for;

5) a detailed specification of the expenditure on equipment or the retrofitting of the position of work, in particular the purchase of fixed assets, equipment, machinery, including measures necessary to ensure the conformity of the workplace with safety regulations and occupational hygiene and ergonomic requirements;

(6) the type of work to be carried out by the unemployed person;

7) the required qualifications, skills and professional experience necessary to carry out the work to be provided by an unemployed person, as defined in the provisions issued on the basis of art. 35 par. 5 of the Act;

(8) the proposed form of security for the reimbursement of refunds referred to in paragraph 10 (1) (a). 1;

9) signature of the person entitled to represent the entity, kindergarten, school or agricultural producer.

3. To request a refund, the subject, kindergarten or school shall attach the statements on:

1) not to reduce the working time dimension of the worker and not to involve the employment relationship with the employee by means of termination by the operator, kindergarten or school or by agreement of the parties on the grounds of non-employees during the period of 6 months immediately preceding the day on which the application is lodged and during the period from the day on which the application is lodged to the day

2) conduct by an entity of business activity, within the meaning of the provisions on freedom of business activity, for the period of 6 months immediately preceding the day of submission of the application, with that of that to the indicated period of business on the basis of the Act of 7 September 1991 on the basis of the Act of 7 September 1991, the Economic and Social Union is not included in the period of the economic activity. a system of education for a period of six months immediately preceding the day on which the application is lodged;

3) not overdue on the day of submission of the application with payment of salaries to employees and with the payment of due social security contributions, health insurance, the Labour Fund, the Guarantee Fund Guarantee Fund and the Pension Fund Staging;

4) not to be overdue on the day of submission of the application with the payment of other public donations;

5) not owned on the day of submission of the application not regulated by the date of civil-law obligations;

6) impunity in the period of 2 years prior to the date of submission of the application for the offence against the economic defense, within the meaning of the Act of 6 June 1997. -Penal Code (Dz. U. Nr. 88, pos. 553, of late. zm.) or the Act of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment (Dz. U. of 2014 items 1417, of late. zm.).

4. The agricultural producer shall attach to the refund application:

1) the statements referred to in paragraph. 3 points 1 and 3-6;

2. (repealed);

(3) a statement on the holding of an agricultural holding within the meaning of the provisions on agricultural tax or the conduct of the department of special agricultural production within the meaning of the provisions on income tax on natural persons or the provisions on income tax on persons legal, for a period of at least 6 months immediately prior to the date of submission of the application;

4) documents confirming the employment during the 6 months immediately preceding the day of submission of the application, each month, at least one employee on the basis of the full-time employment relationship and supporting documents its insurance.

5. The subject, kindergarten, school or agricultural producer applying for de minimis aid shall, in addition to the application for refund, attach the following:

1) a certificate or a statement of de minimis aid, in the scope referred to in art. 37 of the Act of 30 April 2004. of proceedings in matters relating to public aid (Dz. U. 2007 Nr 59, pos. 404, z Late. zm.);

2) the information specified in the provisions issued on the basis of art. 37 par. 2a of the Act of 30 April 2004. of proceedings in matters relating to public aid.

§ 3. [ Inclusion or refusal to take account of an application for a refund] 1. The application for refund may be taken into account by the appendix, subject to § 1 (1). 5, where an entity, a pre-school or a school meets the cumulative conditions referred to in § 2 (2). 3 and 5, or where the agricultural producer fulfils the cumulative conditions referred to in Paragraph 2 (2) (b) of the second subparagraph of Article 2 (2) of the 4 and 5, and when the application submitted is complete and properly drawn up, and the starosta has the means to finance it.

2. Taking into account or refusing to take into account an application for a refund, the starost shall notify the entity, the kindergarten, the school or the agricultural producer in writing within 30 days from the date of submission of the complete application. In the event of failure to take account of the application, the starost gives the

§ 4. [ Agreement on refund] 1. The basis of the refund is the contract concluded by the starostia with the entity, kindergarten, school or agricultural producer, hereinafter referred to as the "refund agreement".

(2) The refund agreement should be concluded in writing under the action of invalidity and shall include, in particular, the obligation of the entity, kindergarten, school or agricultural producer to:

(1) employment on a full-time job as a full-time jobseeker for a period of at least 24 months;

2. maintain for a period of at least 24 months the jobs created in connection with the grant of the refund;

3) the filing of the settlement referred to in § 5 par. 1;

(4) reimbursement of the funds received, including interest referred to in Article 4. 46 (1) 2 of the Act, which shall be proportional to the period of non-employment in the labour positions of the unemployed, in the event of failure to comply with the conditions referred to in points 1 or 2;

5. reimbursement of the funds received, including interest, referred to in Article 3. 46 (1) 2 of the Act, in case of violation of the other terms of the

6) the return of the equivalent of the deducted or returned, in accordance with the Act of 11 March 2004. o Tax on goods and services (Dz. U. of 2011 r. No. 177, item. 1054, with late. zm.), the input tax on purchased goods and services within the scope of the refund granted, within:

(a) as set out in the refund agreement, not more than 90 days from the date on which the operator, pre-school, school or agricultural producer submitted the tax declaration relating to the tax on goods and services in which the amount of the input tax was shown to be Title, where the statement for the reference period shows the amount of tax that is to be paid to the tax office or the amount to be transferred to the following financial period,

(b) 30 days from the date of the tax return for the benefit of the entity, kindergarten, school or agricultural producer-where the tax declaration relating to the tax on goods and services, in which the amount of tax charged to This title, for a given settlement period, is the amount to be refuned.

§ 5. [ Summary of amounts disbursed from the date of conclusion of the refund agreement] 1. An entity, kindergarten, school or agricultural producer shall submit an old-age settlement containing a statement of amounts disbursed from the date of the conclusion of the contract of refund on the individual expenditure included in the detailed specification referred to in § 2 (1). 2 point 5.

2. The schedule referred to in paragraph 2. 1, may not include expenditure on which the funding of an entity, a pre-school, a school or an agricultural producer has previously received public funds.

3. The Starosta, at the request of the entity, kindergarten, school or agricultural producer, deems it properly incurred also expenses deviating from the detailed specification, falling within the amount of the refund granted, if it determines the validity their incurring, taking into account the specificity of the work station being fitted or retrofitted.

4. The Starosta before payment of the refund and referral of the unemployed person to the entity, kindergarten, school or agricultural producer, states the establishment of the position of work, its equipment or retrofitting.

5. In the settlement referred to in paragraph. 1, the amounts of expenditure on account of the tax on goods and services shall be shown; the settlement shall state whether the entity, kindergarten, school or agricultural producer has the right to reduce the amount of tax due in respect of the amount of input tax included in the expenditure shown, or the right to reimbursement of input tax.

6. The Starosta, in the course of the duration of the refund agreement, shall assess the regularity of the performance of the contract, in particular by verifying the fulfilment of the conditions referred to in § 4 (4). 2 points 1 and 2.

§ 6. [ Application for financing of economic activities] 1. Unemployed, a CIS graduate or a KIS graduate, intending to take up an economic activity, may submit to the starost competent due to the place of residence or stay or due to the place of conducting business activity a request for subsidies, including the costs of legal assistance, consultation and advice on taking up this activity.

2. The application for a grant shall include:

1) the name of an unemployed person, a CIS graduate or an alumni of the KIS;

2) the address of the place of residence of the unemployed, a CIS graduate or a KIS alumni;

3) the PESEL number of the unemployed, a CIS graduate or a KIS alumni;

4) the amount of the co-financing requested;

5) the type of business activity, within the meaning of the provisions on the freedom of economic activity, which he intends to undertake unemployed, a CIS graduate or a KIS graduate;

6) the symbol of the subclass of activities determined in accordance with the Polish Classification of Activities (PKD);

7) a calculation of the costs associated with taking up economic activity and the source of their financing;

8) a detailed specification of the expenditure to be incurred in the context of the financing, intended for the purchase of goods and services, in particular for the purchase of fixed assets, equipment, machinery, materials, goods, services and advertising materials, acquisition of the premises, to cover the costs of legal assistance, consultation and advice on taking up economic activities;

(9) the proposed form of collateral for the reimbursement of the financing referred to in Paragraph 10 (1) (a) of the 1;

10) signature of unemployed, CIS graduate or KIS alumni.

3. To the application for funding of the unemployed, a CIS graduate or a KIS graduate shall attach the statements of:

1) not receiving non-repayable funds of the Labour Fund or other non-refundable public funds for taking up economic or agricultural activity, establishment or accession to a social cooperative society;

2) not having an entry in the records of the business activity, and in the case of its possession-a statement of business completion on the day of the period before the expiry of at least 12 months immediately prior to the day an application;

3) not taking up employment within 12 months from the day of commencing of business;

4) impunity in the period of 2 years prior to the date of submission of the application for the offence against the economic defense, within the meaning of the Act of 6 June 1997. -Penal Code or Law of 28 October 2002. the liability of collective entities for acts prohibited under the threat of punishment;

5. an undertaking to carry out an economic activity within a period of 12 months from the date of its commencement and failure to lay down during that period a request for suspension of its implementation;

(6) non-application of a request to another starost to grant a grant or to grant a one-off measure for the establishment or accession of a social cooperative.

4. The application for an unemployed grant, a CIS graduate or a KIS graduate shall be accompanied by an additional certificate or statement and the information referred to in § 2 (1). 5.

§ 7. [ Inclusion of an application for financing of economic activities] 1. An application for a grant may be taken into account by the appendix in the case of the unemployed:

1) meets the cumulative conditions referred to in § 6 paragraph. 3 and 4, submitted a complete and properly drawn request, and the starosta has the means to finance it;

2. during the 12 months immediately preceding the day of application:

(a) he has not refused without reasonable grounds for accepting a proposal for an appropriate work or other form of assistance as laid down in the Act and participation in the activities under the Activisation and Integration Programme referred to in Article 3. 62a law,

(b) he has not interrupted his or her own fault of training, internship, implementation of an individual action plan, participation in the activities of the Acknowledge and Integration Programme referred to in Article 3 (1) of the Regulation. 62a statute, carrying out socially useful works or other form of assistance specified in the Act,

c) after the referral has taken training, adult professional preparation, internship, socially useful work or any other form of assistance specified in the Act.

2. The application for a grant may be included by the appendix included in the case when a CIS graduate or a KIS graduate meet the conditions referred to in the paragraph. 1 point 1.

3. Taking into account or refusing to take into account the application for the grant of the starosta shall notify the unemployed, the alumni of the CIS or the alumni of the KIS in writing, within 30 days from the date of submission of the complete application. In the event of failure to take account of the application, the starost gives the

§ 8. [ Grant Agreement] 1. The basis of the co-financing is the contract concluded by the starostni with the unemployed, a CIS graduate or a KIS graduate, hereinafter referred to as the "grant agreement".

2. The grant agreement shall be concluded in writing under the rigor of nullity and include in particular the obligation of the unemployed, the alumni of the CIS or the alumni of the KIS to:

1) conducting business activity for a period of at least 12 months; up to the period of business activity includes interruptions in its conduct due to illness or the use of rehabilitation benefit;

2) disbursement in accordance with the request referred to in § 6, received funding;

3) the lodging of the settlement referred to in § 9 par. 1, within 2 months from the date of economic activity;

(4) reimbursement of the funds received, including interest referred to in Article 4. 46 (1) 3 of the Act;

5) a refund of the equivalent of the deducted or returned, in accordance with the Act of 11 March 2004. of goods and services tax, of input tax on purchased goods and services within the scope of the grant granted, by the date of:

(a) specified in the grant agreement, but not more than 90 days from the date of submission by the unemployed person, a CIS alumni or a KIS alumni of a tax return on goods and services which has been shown to be the amount of tax charged on that Title, where the statement for the reference period shows the amount of tax that is to be paid to the tax office or the amount to be transferred to the following financial period,

(b) 30 days from the date of the tax return to the unemployed person, a CIS graduate or a KIS alumni-where the tax return on the goods and services tax return, in which the amount of the input tax is determined title, the amount due for the financial period is the amount to be refuned.

§ 9. [ Grant agreement for individual goods and services included in the detailed specification] 1. Unemployed, a CIS graduate or a KIS graduate shall submit an old-age settlement containing a statement of amounts disbursed from the date of conclusion of the grant agreement for individual goods and services included in the detailed specification referred to in § 6 paragraph 2 point 8.

2. The Starosta, at the request of the unemployed, a CIS graduate or a graduate of the KIS, shall also consider the expenses also incurred, deviating from the detailed specification, which fall within the amount of the grant to be granted, if it determines the validity of the their incurrence, taking into account the nature of the activities carried out by the unemployed, CIS alumni or KIS alumni, to whom the funding has been granted.

3. The financing received, and not disbursed by the unemployed, a CIS graduate or a graduate of the KIS, shall be refundable within the period referred to in § 8 paragraph. 2 point 3.

4. In the settlement referred to in paragraph. 1, the amounts of expenditure on account of the goods and services tax are shown; the settlement contains information whether the unemployed, a CIS alumber or a KIS alumni are entitled to a reduction in the amount of tax due by the amount of the input tax included in the expenditure shown, or the right to reimbursement of input tax.

5. The Starosta during the duration of the grant agreement shall evaluate the correctness of the performance of the contract, in particular by verification of the fulfilment of the condition referred to in § 8 paragraph. 2 point 1.

6. The Starosta may extend the time limit referred to in § 8 par. 2 (3), in the case where social considerations, in particular cases of random and situations independent of the unemployed, graduated from CIS or alumni of the KIS, are in favour of the extension.

7. In the event of the death of an unemployed person, a CIS graduate or a graduate of the KIS in the period from the date of conclusion of the grant agreement to the expiry of the 12 months of business activity, the reimbursement of the disbursed funding is carried out in the amount of is proportional to the period of non-performance of the activity. No statutory interest shall accrue from the amount to be recovered.

§ 10. [ Reimbursement of refunds or grants] 1. The security of the refund or the financing may be a guarantee, a promissory note (aval), a bank guarantee, a pledge on rights or things, a blockade of funds collected in a bank account or a notarial deed of submission The debtor is executed by the debtor.

2. The Starosta shall specify the time limit for lodging a security refund or a grant.

3. In the case of the guarantee of repayment of the refund or the grant by the natural person, the guarantor shall submit the statement of the income obtained with an indication of the source and amount of the income and of the current financial obligations with the determination of the the amount of the monthly debt repayment, at the same time giving the name, surname, residence address, PESEL number, if given, and the name and number of the document confirming the identity.

4. The Guarantor referred to in paragraph 3, affirms the truthful signature of the information contained in the statement.

§ 11. [ Application of existing provisions] 1. Applications for reimbursement and applications for financing submitted and not patted by the date of entry into force of this Regulation shall be considered on the basis of the provisions of this Regulation.

2. The applications referred to in paragraph 2. 1, requiring a supplement to the extent resulting from this Regulation shall be completed within 14 days from the date of receipt of the call for the starost.

3. The existing provisions shall apply to agreements on refund and to grant agreements concluded before the date of entry into force of this Regulation.

§ 12. [ Obligation] The Regulation shall apply until 30 June 2021.

§ 13. [ Entry into force] This Regulation shall enter into force on 30 April 2012. 2)

§ 13.


1) The Minister of Labour and Social Policy heads the government administration-work, pursuant to § 1 paragraph. 2 point 1 of the Regulation of the Prime Minister of 22 September 2014 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Entry 1260).

2) This Regulation was preceded by the Ordinance of the Minister of Labour and Social Policy of 25 July 2011. on the making of a refund of costs of equipment from the Labour Fund, or a retrofitting of the employment position for the unemployed person and the granting of the unemployed funds for the taking up of economic activities (Dz. U. No 155, pos. 922), which has expired on the date of entry into force of this Regulation on the basis of art. 5 par. 2 of the Act of 19 August 2011. to amend the Act on Social Employment and certain other laws (Dz. U. Nr 205, poz. 1211).