Key Benefits:
ACT
of 3 March 2000
awarding persons directing certain legal entities
Article 1. [ Substantive Scope] The Act shall apply to:
1) state enterprises;
(2) State organisational units with legal personality which are not, at the same time, entities referred to in points 8 and 9, and are not higher education institutions;
3. the local organisational units which have legal personality, which are not, at the same time, the entities referred to in points 4, 6 and 7;
4) one-person commercial law companies created by the State Treasury or local government units;
5) commercial law companies in which the State Treasury shares exceed 50% of the share capital or 50% of the number of shares;
6) commercial law companies, in which the share of local government units exceeds 50% of the share capital or 50% of the number of shares;
7) commercial law companies, in which the participation of companies referred to in points 4 to 6 exceeds 50% of the share capital or 50% of the number of shares;
8) state agencies, regardless of their organizational and legal form, including executive agencies within the meaning of the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.);
9) research institutes or entities to which the provisions of research institutes are applied accordingly;
10) the foundations in which the public subsidy exceeds 25% of the annual revenue, or where the property from public funds exceeds 25% of the foundation's assets at the end of the calendar year and its value exceeds 10% of the revenue of that public foundations;
11) (repealed)
12) state budget units, with the exception of public administration bodies and the judiciary bodies and entities whose managers are subject to the provisions of the Act of 31 July 1981. the remuneration of persons occupying managerial positions of the State (Dz. U. of 2011 r. Nr 79, pos. 430, of late. zm.);
13) (repealed)
14) (repealed)
15) (repealed)
16) self-contained public health care facilities.
Article 2. [ Subjective range] The Act shall apply to:
1) the managers of the organisational units listed in Art. 1 points (1) to (10) and (12), and in particular the directors, governors, temporary managers, commissioners and managers on the basis of civil-law contracts;
2) alternates of the managers of the organisational units listed in Art. 1 points (1) to (10) and (12), and, in particular, to the deputy directors and vice-Presidents;
3) the members of the governing bodies of the organizational units referred to in art. 1 points 1 to 10 and 12, and in particular of the members of the Management Board;
4) the main accounting records of the business units listed in art. 1 points 1 to 10 and 12;
5) the liquidators of the organisational units mentioned in art. 1;
6) (repealed)
7) the members of the supervisory bodies of the organisational units listed in art. 1 points 2 to 8, and in particular supervisory boards and review committees;
8) (repealed)
9) (repealed)
10) managers of self-contained public health care establishments.
Article 3. [ Application of the Act to the Management Entity] 1. The Act shall also apply to a natural person and a civil company conducting business activity on the basis of an entry in the records of an economic activity and a legal entity with which the legal entity referred to in art. 1 points 1 and 4 to 10, have entered into an agreement on the provision of management services, hereinafter referred to as the 'management entity'.
2. The provision of the paragraph. 1 shall not apply if the management entity establishes the personal or factual security of any claims arising from the non-execution or non-performance of the contract or at its own expense the insurer or insurer of the person referred to performing the duties of a member of the Management Board on civil liability arising in connection with management.
Article 4. [ Prohibition of joining positions in supervisory councils of several companies] 1. One person may be a member of the supervisory board only in one of the companies referred to in art. 1 point 4-7.
2. The person who on the day of the entry into force of the Act is a member of the supervisory boards of two or more of the companies referred to in art. 1 point 4-7, within 3 months from that date waive the membership of the supervisory councils of the appropriate number of companies. In the event of an unsuccessfully expiry of that period, he remains a member of only the supervisory board in which the membership obtained the earliest.
Article 5. [ Compensation rules] 1. The individuals referred to in art. 2, irrespective of the basis of the employment relationship or of the type of civil-law contract constituting the basis of employment, shall be entitled, subject to paragraph. 2 and 3, only monthly salary.
2. The Persons referred to in Art. 2 points 1 to 4 may be granted additional benefits.
3. The individuals referred to in art. 2 points 1 to 4 and point 10, an annual award may be granted.
4. Whenever there is a termination of employment, it shall be understood by the provision of work or services related to the management of the entity, regardless of the basis of establishing the employment relationship or the type and content of the civil-law contract concluded with the person, o Article 2 2.
Article 6. [ Bodies competent to determine remuneration] 1. The competent authority to determine the monthly remuneration of the persons referred to in Article 1. 2 points 1, 5 and 7, in the entities referred to in Article 1 points 1 to 4, points 8 to 10 and 12, and of the persons referred to in Article 1. 2 point 10, is the founding authority or body competent to represent the State Treasury or the local government body in the entity or the body that created or supervises the entity or is subject to the entity mentioned in the Article. 1 points 1-4, 8-10 and 12, or the person referred to in Article 2 points 10.
2. The competent authority to determine the monthly remuneration of the persons referred to in Article 2. 2 points 1, 5 and 7, in the entities referred to in Article 1 point 5-7, there is a meeting of shareholders or a general meeting of shareholders.
3. The provision of the paragraph. 1 shall not apply when separate provisions empower the Prime Minister to determine the monthly remuneration.
Article 7. [ Exclusion of the right to certain financial benefits] The persons referred to in art. 2, there shall be no commission on profit, reward from the establishment of the prize fund and a claim for participation in profit or surplus balance sheet.
Article 8. [ Maximum monthly salary] The maximum amount of the monthly wage may not exceed:
1) for persons employed in the entities referred to in art. 1 (1) and (2)-six-fold,
2) for persons employed in the entities referred to in art. 1 point 3-four-fold,
3) for persons employed in the entities referred to in art. 1 points 4-6-six-fold,
4) for persons employed in the entities referred to in art. 1 point 7-four-fold,
5) for persons employed in the entities referred to in art. 1 points 8 to 10:
(a) created or supervised by the Minister or the central government of government-six times,
(b) created or supervised by a local or regional government unit or a field body of government administration-four times,
6) for persons employed in the entities referred to in art. 1 point 12-threefold,
7. for liquidators, receivers and liquidators of the bankruptcy of the entities referred to in art. 1-4-fold
8) for the persons referred to in art. 2 point 7-one,
9) (repealed)
10) for the persons referred to in art. 2 points 10-quadruple
-the average monthly remuneration in the enterprise sector without payment of the profit prizes in the fourth quarter of the previous year, as announced by the President of the Central Statistical Office.
Article 9. [ Delegation] The President of the Council of Ministers shall, by means of a regulation, establish a list of the entities referred to in art. 1, of particular importance for the State in which the maximum amount of monthly remuneration may be increased by 50%, taking into account in particular:
1) the type of services provided or the subject of production;
2. the scope of the operator's activities
3) the turnover of the entity;
4) the number of employees employed in the subject.
Article 10. [ Annual Award] 1. Depending on the financial results achieved or the degree of realization of other tasks, the persons referred to in art. 2 points 1-4 and 10, an annual prize may be awarded.
1a. The annual award may be granted to the person referred to in paragraph 1. 2a, taking into account the degree and timeliness of carrying out the tasks imposed on it, if the entity together:
1) has improved the financial results, in particular by increasing net profit, reducing net loss, increasing the profitability of net turnover, reducing the level of operating costs or improving financial liquidity;
2) he has obtained the approval of the financial statements for the financial year or the annual activity report.
(1b) An annual award may be granted to a rightholt who has held his position throughout the financial year and has not infringed his obligations during that period in such a way as to give a penalty for the liability of workers, penalties for violation of the discipline of public finances or of a disciplinary penalty or with which the employment contract has not been terminated without notice of his or her fault or the management contract has not been resolved or has not been dismissed from the post on the grounds of which the basis of termination of the employment contract without termination of the employee's fault.
1c. In the event of a change in the organisational and legal form of the entity, payment of the annual reward for the completed financial year may take place, if the holder has held the position both before and after the change of the organizational form of the entity that occurred in the fiscal year.
2. The annual prize for the persons listed in art. 2 (1), employed in the entities referred to in Article 3 (2) of the basic Regulation. 1 points 1 to 7, shall be granted by the competent authority to the reasoned request of the supervisory board or of any other statutory supervisory authority.
2a. The annual prize for the persons listed in art. 2 point 1, employed in the Military Property Agency, grants the Minister of National Defence to the motivated request of the Supervisory Board.
2b. (repealed)
3. The annual award of the persons listed in Art. 2 points 2 to 4, employed in the entities referred to in art. 1 (1) to (10) and (12), shall be granted by the authority or by the person competent to those persons on matters of employment law.
4. An application for the annual award referred to in paragraph 1. 2, should include an assessment of the financial results and the degree of implementation of other tasks, taking into account the macroeconomic conditions in terms of the functioning and development of the sections and the departments in which the legal entity operates. This assessment should relate to the year of study and the year preceding the survey year and be drawn up on the basis of the basic economic indicators, in particular: net profit or loss, cost-level indicator, net profitability of turnover. The provision shall apply mutatis mutandis to the application referred to in paragraph 1. 2a.
5. The assessment referred to in the paragraph. 4, with regard to entities operating with the use of property of local government units should also take into account the conditions created for their proper functioning, including the circumstances affecting the financial result of the entity, and independently of it, in particular the provisions of the self-government body concerning the equipment in the property and the level of prices and charges for public utility services of a general nature.
6. The annual award for the director of the independent public health care facility admits, at the request of the social council, the body of governmental administration competent to set up this establishment or the executive body of the local government unit, which the plant has created.
7. The amount of the annual award granted to the persons referred to in art. Paragraphs 1 to 4 and 10 shall not exceed three times their average monthly salary in the year prior to the award of the prize.
8. The competent ministers, by means of a regulation, the management boards of powiats and voivodships, by way of a resolution, and the mayor (mayors, presidents of the cities), by order, shall determine the model of the application for the award referred to in the paragraph. 2, and the detailed rules and mode of awarding the annual award.
9. The Minister of National Defence will determine, by way of regulation:
1) the mode of awarding the annual prize to the persons referred to in the paragraph. 2a, including the deadline for applying for the award of the award to the persons referred to in paragraph 2. 2a, and the time limit for consideration, in such a way as to ensure the efficiency of the proceedings
2) the model of the application for the award of the award to the persons referred to in the paragraph. 2a, taking into account the simplified nature of the design of the document
Article 11. [ Supplementary allowances] 1. Supplementary benefits, referred to in art. 5 par. 2, there are employment benefits, including: former, social, communications, and property and personal insurance-other or higher than those laid down in the remuneration regulations, the establishment and the following collective agreements of work and the separate provisions.
2. The maximum value of the additional benefits granted in the course of the year to the persons referred to in art. 2 points 1 to 4 shall not exceed 12 times the average monthly remuneration adopted for the determination of the monthly remuneration of those persons.
3. The President of the Council of Ministers shall determine, by means of a regulation, a detailed list of the additional benefits referred to in paragraph 1. 1, and the mode of granting them.
Article 12. [ Deny] In the event of an appeal from the position or termination of the employment contract or of a civil-law contract which is the basis of employment by the AACC, for reasons other than the breach of the basic obligations of employment, the persons referred to in Article 4 (1) of the Rules of 2 may be granted a fee of not more than three times the monthly salary.
Article 13. [ The invalidity of contractual provisions contrary to the provisions of the Act] Provisions of employment contracts and other acts giving rise to the employment relationship or civil law contracts fixing the monthly remuneration, the annual reward, the award and the value of the additional benefits, at a higher level than the maximum the law, which has been authorised by law, is void in respect of the part which exceeds the maximum amount specified in the Act.
Article 14. [ Sanctions for failure to comply with the provisions of the Act] 1. For failure to comply with the provisions of the Act, the supervisory authorities of the organisational units listed in art. 1 points 2 to 7 are disbaned under the law.
2. The competent authority shall not appoint persons who have performed functions in the bodies dissolved in the mode of mouth. 1, for the next term of office as representatives of the State Treasury or the local government unit to the bodies referred to in art. 2 point 7.
Article 15. [ Principle of transparency of remuneration] The information on the remuneration of persons subject to the provisions of the Act and the annual awards, additional benefits and rewards shall be public and shall not be subject to the protection of personal data or trade secrets.
Art. 15a. [ Contributions to occupational pension schemes] The limits resulting from the Act shall not apply to the basic contributions paid to occupational retirement provision.
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. (bypassed)
Article 26. (bypassed)
Article 27. (bypassed)
Article 28. (bypassed)
Article 29. (bypassed)
Article 29a. (bypassed)
Article 29b. [ Average monthly salary in enterprise sector in 2011] 1. In 2011 the average monthly salary in the enterprise sector without payment of the profit prizes in the fourth quarter of the previous year, referred to in art. 8, is set at the level of the average monthly remuneration in the enterprise sector without the payment of the profit prizes in the fourth quarter of 2009.
2. In 2011 the individual monthly salary of the persons mentioned in the Art. 2 shall be entitled to an amount fixed in 2010.
Article 29c. [ Basis for the determination of the maximum monthly wage in 2012] Average monthly salary in enterprise sector without rewards of profit prizes in the fourth quarter of 2009 is in 2012. the basis for determining the maximum amount of the monthly remuneration referred to in Article 8.
Article 29d. [ Basis for the determination of the maximum monthly wage in 2013] 1. The average monthly remuneration in the enterprise sector without payment of prizes from profit in the fourth quarter of 2009. is in 2013. the basis for determining the maximum amount of the monthly remuneration referred to in Article 8, subject to paragraph. 2.
2. In the case of the members of the supervisory bodies of the entities referred to in art. 2 point 7, in the organisational units referred to in Article In accordance with Article 1 (1) (1), and in particular the supervisory boards and the review committees, the basis for establishing the maximum amount of the monthly remuneration shall be in 2013. average monthly salary in the enterprise sector without payment of prizes from profit in the fourth quarter of 2011
Art. 29e. [ Basis for the determination of the maximum monthly wage in 2014] 1. The average monthly remuneration in the enterprise sector without payment of prizes from profit in the fourth quarter of 2009. is in 2014. the basis for determining the maximum amount of the monthly remuneration referred to in Article 8, subject to paragraph. 2.
2. In the case of the members of the supervisory bodies of the entities referred to in art. 2 point 7, in the organisational units referred to in Article For the purposes of determining the maximum amount of monthly remuneration in 2014, point 8, and in particular the supervisory boards and the review committees, shall be the basis for determining the maximum amount of the monthly wage. average monthly salary in the enterprise sector without payment of prizes from profit in the fourth quarter of 2011
Article 29f. [ Basis for the determination of the maximum monthly wage in 2015] 1. The average monthly remuneration in the enterprise sector without payment of prizes from profit in the fourth quarter of 2009. is in 2015. the basis for determining the maximum amount of the monthly remuneration referred to in Article 8, subject to paragraph. 2.
2. In the case of the members of the supervisory bodies of the entities referred to in art. 2 point 7, in the organisational units referred to in Article For the purposes of determining the maximum amount of the monthly remuneration in 2015, point 8, and in particular the supervisory boards and the review boards, shall be the basis for determining the maximum amount of the monthly wage. average monthly salary in the enterprise sector without payment of prizes from profit in the fourth quarter of 2011
Article 30. [ Entry into force] The Act shall enter into force on the first day of the month following the expiration of the month from the day of its announcement, except for Art. 5 par. 2 and 3 and Article 3 10 and 11, which shall enter into force on 1 January 2001, and Article 11 thereof. 18 to the extent of the amendments referred to in point 3 as well as Article 3. 19, 20, 23 and 24, which shall enter into force on the first day of the month following the end of the 3 months following the day of the announcement.
