Key Benefits:
REGULATION
MINISTER OF LABOUR AND SOCIAL POLICY 1)
of 9 January 2009
on a monthly financing for the salaries of disabled workers
On the basis of art. 26c (c) 6 of the Act of 27 August 1997. about professional and social rehabilitation and employment of people with disabilities (Dz. U. of 2011 r. Nr 127, pos. 721, of late. (d) the following shall be managed:
§ 1. The Regulation shall specify:
1. the detailed conditions for granting and the procedure for the provision of monthly funding to the remuneration of disabled workers, hereinafter referred to as "the funding";
2. appointments and designs:
(a) monthly information on the remuneration, employment and disability of disabled workers, including workers with a mental illness, mental impairment or epilepsy, and of workers the blind, hereinafter referred to as 'the information',
(b) a request for payment of the monthly financing for the month in question, hereinafter referred to as "the application", together with the data and documents attached to the application;
3) the requirements that employers must meet by passing documents in electronic form by teletransmission of data.
§ 2. In the case of employers performing an economic activity, financing:
1) [ 1] constitutes State aid granted in accordance with Chapter I, Article 41 and Chapter III of Commission Regulation (EC) No 800/2008 of 6 August 2008. recognising certain types of aid compatible with the common market in application of the Article 87 and 88 of the Treaty (General Block Exemption Regulation) (Dz. Urz. EU L 214 of 09.08.2008, str. 3, from late. zm.), in the scope of aid in the form of wage subsidies for the hiring of disabled workers;
2. may be granted in conjunction with other public aid, including support from the European Community, in relation to the same eligible costs if the total amount of such aid does not exceed 100% of the costs Wages during the period for which persons with disabilities have actually been employed.
§ 3. The provisions of the Regulation shall not apply to State aid:
1) granted in the coal sector;
2) granted for export activities, if the aid is directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the operation of the activity concerned export;
(3) contingent upon the priority of the use of domestic production;
4) granted to employers who are engaged in an economic activity who receive regional individual aid for specific sectors in the area of production or services, excluding tourism.
§ 4. The formulae shall be:
1. information, information about the INF-D-P symbol, which is Annex No 1 to the Regulation;
2) the application, of the symbol Interi-D, which is Annex No 2 to the Regulation.
§ 5. 1. [ 2] The employer shall submit an application together with the information on the 25th day of the month following the month to which they relate.
2. The employer shall send to the State Fund for the Rehabilitation of Persons with Disabilities, hereinafter referred to as the "Fund", together with the first application of the data on the employer containing:
1) the full name and its abbreviation, if any;
2. the numbers: REGON and NIP, in so far as their grant is based on the provisions of the law;
3) the address of the registered office or place of residence of the applicant together with the identifiers of the territorial division of the country: voivodship, district, commune and village and street, pursuant to the provisions concerning the rules of conduct, application and making available the national official register of the territorial division of the country and the associated responsibilities of government and local government bodies;
4) address for correspondence together with the identifiers of the territorial division of the country: voivodship, county, commune, and village and street, pursuant to the rules on the rules for the conduct, use and making available of the national register the official territorial subdivision of the country and the related duties of government and local government bodies if it is different from the address of the applicant's seat;
5. first name, surname, telephone and fax numbers and e-mail address, if any, of the person responsible for contacts with the Fund.
3. The employer shall attach to the application referred to in the paragraph. 2, copies of current documents confirming the data referred to in paragraph. In accordance with Article 2 (2), paragraphs 1 and 2, and the authorisation of the person submitting the data or documents proving them to be present on behalf of the employer
4. The term referred to in paragraph 1, shall be reinstated at the request of the employer, if it is likely that the failure to do so has occurred without his fault.
§ 6. 1. The employer intending to submit by electronic means the application or information shall receive from the Fund the ID and password of access to the IT program made available by the Fund within 14 days from the day of submission of the application in the form a written document.
2. The Employer forwarding the requests accordingly, the information in electronic form authenticates these documents with an electronic signature verified by means of a qualified certificate, in accordance with the rules laid down in the Act of 18 September 2001. o electronic signature (Dz. U. of 2013 r. items 262), or a certificate provided by the Fund.
3. The official certificate of receipt of the document in electronic form sent by means of teletransmitted data shall be carried out in accordance with the provisions concerning the organisational and technical conditions for the service of electronic documents to public entities.
4. The employer referred to in paragraph. 2:
1) records in the IT program the certificate referred to in the paragraph. 2;
2. shall immediately inform the Fund of:
(a) the cancellation of the submission of documents in electronic form,
(b) the loss or suspicion of disclosure of data for the submission of electronic signatures.
§ 7. Upon receipt of the information and the Fund's request:
1) check them in accounting and formal terms and, within 14 days from the date of receipt of the application, inform the employer of the recognition of the application as complete and correctly filled out or inform the employer of the findings of the irregularities concerning the application and calls for them to be removed, together with the instructions for leaving the application without diagnosis in the event of their being removed;
2) determine whether the employer has an arrears in the liabilities to the Fund in excess of the total amount of 100 PLN;
3) determine the amount of the funding to be granted;
4) provide the agreed amount of the financial contribution to the employer's bank account;
5) inform the reference number of the aid scheme on the basis of which the aid is granted.
§ 8. The applicant benefiting from the grant shall keep records permitting verification of the conformity of the aid granted to the provisions of this Regulation for a period of 10 years from the date on which the aid was granted.
§ 9. The provisions of § 5 (1) 2 and § 6 (1) 1 shall not apply to employers who, for the first time, have provided the required data and documents before the date of entry into force of the Regulation, on the basis of the existing provisions.
§ 10. Financing under the conditions and in accordance with the procedure laid down in the Regulation shall be granted, starting with the remuneration for the month of January 2009.
§ 11. [ 3] It shall apply until 31 December 2014.
§ 12. The Regulation shall enter into force on the day of the announcement 2)
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1) The Minister of Labour and Social Policy directs the government administration-social security, pursuant to § 1 paragraph. 2 point 2 of the Regulation of the Prime Minister of 18 November 2011 on the detailed scope of the action of the Minister of Labour and Social Policy (Dz. U. Nr. 248, pos. 1485).
2) From the date of entry into force of this Regulation, the Regulation of the Minister of Labour and Social Policy has expired on 13 December 2007. on the financing for the remuneration of disabled workers (Dz. U. No 240, pos. 1755 and 2008 Nr 61, pos. 383) retained in force on the basis of art. 9 of the Act of 5 December 2008. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Dz. U. No. 237, pos. 1652).
Annex 1. [ MODEL-INF-D-P]
Annexes to the Regulation of the Minister of Labour and Social Policy
of 9 January 2009
Annex No 1
MODEL- INF-D-P [ 4]
Annex 2. [ MODEL-Interiors]
Annex No 2
MODEL-Interiors [ 5]
[ 1] § 2 point 1 in the wording established by § 1 item 1 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014 amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370). The amendment came into force on 1 April 2014.
On the basis of § 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370) § 2 point 1 in the version given above. the Regulation shall apply from the monthly funding to the salaries of disabled workers due for the month of April 2014.
[ 2] § 5 par. 1 in the wording set by § 1 item 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370). The amendment came into force on 1 April 2014.
On the basis of § 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370) § 5 ust. 1 in the version given above. the Regulation shall apply from the monthly funding to the salaries of disabled workers due for the month of April 2014.
[ 3] § 11 in the wording established by § 1 item 3 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014 amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370). The amendment came into force on 1 April 2014.
On the basis of § 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370) § 11 in the wording given above. the Regulation shall apply from the monthly funding to the salaries of disabled workers due for the month of April 2014.
[ 4] Annex No 1 as set out by § 1 item 4 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370). The amendment came into force on 1 April 2014.
On the basis of § 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370) Annex No 1 in the version given above. the Regulation shall apply from the monthly funding to the salaries of disabled workers due for the month of April 2014.
[ 5] Annex No 2 as set out by § 1 item 4 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370). The amendment came into force on 1 April 2014.
On the basis of § 2 of the Regulation of the Minister of Labour and Social Policy of 13 March 2014. amending the Regulation on the monthly subsidy to the remuneration of disabled workers (Journal of Laws pos. 370) Annex No 2, in the version given above. the Regulation shall apply from the monthly funding to the salaries of disabled workers due for the month of April 2014.
