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The Act Of 27 August 1997 On The Vocational Rehabilitation And Social And Employment Of Persons With Disabilities

Original Language Title: USTAWA z dnia 27 sierpnia 1997 r. o rehabilitacji zawodowej i społecznej oraz zatrudnianiu osób niepełnosprawnych

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ACT

of 27 August 1997

about professional and social rehabilitation and employment of people with disabilities 1)

Chapter 1

General provisions

Article 1. [ Subjective range] The Act concerns persons whose disability has been confirmed by the decision:

1) on the qualification by the adjudicatory authorities to one of the three degrees of disability specified in art. 3 or

2) on total or partial incapacity to work on the basis of separate regulations, or

3) on disability, issued before the age of 16

-hereinafter referred to as "persons with disabilities".

Article 2. [ Definitions] Whenever there is a law in the law:

1) the lowest remuneration-this means the minimum wage for the work in force in December of the previous year, determined on the basis of separate provisions;

2) a disabled person unemployed or disabled looking for a job-this means a disabled person who is unemployed or disabled looking for a job within the meaning of the employment promotion and labour market regulations;

3) non-governmental organisations-this means non-governmental organisations and entities listed in art. 3 para. 3 of the Act of 24 April 2003. about the activity of the public benefit and about the volunteer (Dz. U. of 2016 r. items 239 and 395);

4) the average remuneration-this means the average monthly salary in the national economy in the previous quarter from the first day of the next month after the announcement by the President of the Central Statistical Office in the form of a message in the Journal The official Republic of Poland "Monitor Polski", on the basis of art. 20 point 2 of the Act of 17 December 1998. o pensions from the Social Insurance Fund (Dz. U. of 2016 r. items 887);

(4a) pay costs-this means gross wage and the employer-funded compulsory contributions to the pension insurance, annuity and accident accrued from this remuneration and the compulsory contributions to the Labour Fund and the Guarantee Fund Employee Benefits;

5) participation in social life-this means the ability to perform social roles and to overcome barriers, in particular psychological, architectural, urbanistic, transport and communication;

6) the employment rate of disabled people-this means the average monthly percentage of people with disabilities in total employment, calculated as a full-time employment rate;

7) the conditions of the protected work-this means the conditions referred to in art. 28 or Art. 29, and the acquisition of the status of a protected establishment or an establishment of professional activity;

8) the adapted position of the work of the disabled person-this means the position of work, which is instrumented and adapted according to the needs resulting from the type and degree of disability;

9) old-age-this means also the president of the city on the rights of the district;

10) disability-this means a permanent or periodic inability to fulfil social roles due to permanent or long-term impairment of the organism, in particular causing incapacity to work;

11) assisting dog-this means an appropriately trained and specially marked dog, in particular a guide dog of a blind or visually impaired person and a dog assistant to a person with a mobility that facilitates a disabled person active participation in social life.

Art 2a. [ The way of counting the disabled person into the employment status of persons with disabilities] 1. A disabled person shall be included in the state of employment of persons with disabilities starting from the day of the presentation of the employer of the decision confirming the disability.

2. In the case of the presentation of the employer of the subsequent judgment confirming the disability, the disabled person shall count against the state of employment of persons with disabilities starting from the day of submission of the application for the decision, if from the ruling show that during that period the person was disabled and the application for a decision was filed no later than the day following the date of expiry of the previous judgment confirming the disability, subject to paragraph 3.

3. Notwithstanding the date of submission of the application for the issue of the subsequent decision confirming the disability, the disabled person shall count on the state of employment of persons with disabilities also in the period up to 3 months preceding the day of submission the employer of the subsequent ruling, if it is apparent from the content of the decision that this person has been disabled during that period.

4. Paragraph Recipe 1 shall apply mutatis mutandis to documents confirming the occurrence of an employee of the conditions referred to in Article 4. 26a (a) 1b, or of the diseases referred to under Article 21 (1) 7.

Chapter 2

Disability adjudication

Article 3. [ Degrees of Disability] 1. Three degrees of disability are established, which shall apply to the achievement of the objectives defined by the Act:

1) significant;

2. Moderate;

3) Light.

2. The decision setting out the degree of disability also constitutes the basis for the granting of allowances and entitlements on the basis of separate provisions.

Article 4. [ Crediting to the Disability Level] 1. A significant degree of disability is a person with an impairment of the organism, incapable of work or able to work only in a protected and demanding condition, in order to perform social roles, permanent or long-term care and help of others in connection with incapacity for self-existent existence.

2. A moderate degree of disability is a person with an impairment of the organism, incapable of work or capable of working only in the conditions of a protected work or requiring temporary or partial assistance of other persons for the purpose of carrying out social roles.

3. A slight degree of disability is a person who is affected by an organism's disability, resulting in a significant reduction in the ability to perform work, compared to the ability of a person with similar professional qualifications from full mental and physical fitness, or having restrictions on the full social role of compensating for equipment in orthopaedic objects, auxiliaries or technical measures.

4. An incapacity for self-existence means a violation of the fitness of the organism to a degree preventing the satisfying without the assistance of other people's basic necessitates, for which it is considered, first of all, self-service, moving and communication.

5. Alienation to a significant or moderate degree of disability of the person referred to in the mouth. 1 or 2, does not exclude the possibility of employment of that person in an employer that does not provide conditions for protected work, in the cases of:

1) the employer's adaptation of the workplace to the needs of a disabled person;

2) employment in the form of telework.

6. A control in respect of compliance with the condition referred to in paragraph. 5 point 1, shall be carried out by the State Labour Inspectorate.

Article 4a. [ Evaluation of disability in persons up to 16 years of age] 1. Persons who have not completed the age of 16 years are included in the disabled, if they have a physical or mental disability with a predicted duration of more than 12 months, due to a birth defect, a long-term illness or a defect of the organism, which makes it necessary to provide them with complete care or assistance in meeting the basic needs of life in a way that exceeds the support needed by the person of the age.

2. The Minister responsible for Social Security in consultation with the Minister responsible for health shall determine, by means of a regulation, the criteria for the assessment of disability in persons aged up to 16 years.

Article 5. [ Judgment of the ZUS medical examiner] Decision of the medical examiner of the Social Insurance Institution of:

1) total incapacity for work, established on the basis of art. 12 (1) 2, and the incapacity for independent existence, established on the basis of art. 13 (1) 5 of the Act of 17 December 1998. Pensions and pensions from the Social Insurance Fund shall be treated equally with a decision on a significant degree of disability;

1a) the incapacity for self-existence, established on the basis of art. 13 (1) 5 of the law referred to in point 1 shall be treated equally with a decision on a significant degree of disability;

2) total incapacity for work, established on the basis of art. 12 (1) Article 2 (1) of the Law referred to in point 1 shall be treated equally with a judgment of a moderate degree of disability;

3) partial incapacity for work, established on the basis of art. 12 (1) 3, and the advisability of the retraining referred to in art. 119 (1) 2 and 3 of the Act referred to in point 1 shall be treated equally with a judgment of a slight degree of disability.

Article 5a. [ Determination of the degree of disability] 1. Persons with valid decisions to count to one of the groups of invalids, the incapacity to work on the agricultural holding referred to in art. 62, and the decisions referred to in art. 5, may submit an application for the disability and indication of the degree of disability referred to in Article 5 to the decision of the Court of Disability. 6b par. 3, for the purposes of the use of allowances and entitlements on the basis of separate provisions.

2. In proceedings in the cases referred to in paragraph. 1, the disability adjudication team shall issue a judgment in which:

1) the degree of disability shall be determined on the basis of the decisions submitted, referred to in paragraph. 1, in accordance with the provisions referred to in art. 5 and 62;

2) the indications referred to in art. 6b par. 3, shall be determined according to the body's breaches and the functional limitations justifying the use of allowances and allowances on the basis of separate provisions.

3. The team for the adjudication of a disability shall have the right to request the competent authorities of the annuity to make available copies of the decisions referred to in the paragraph. 1, and those authorities shall be obliged to make them available.

4. From the decision referred to in paragraph. 2, do not use a reference.

Article 6. [ Teams of Disability adjudicators] 1. Disability adjudication teams shall be urred:

1) the district teams for the adjudication of disability-as the first instance;

2) voivodship units for the adjudication of disability-as the second instance.

1a. Expenditure related to the establishment and operation of the teams shall be covered by the financial resources of the State budget. These expenses may also be covered by the financial resources of local government units.

2. The property of the local district and the voivodship panel for the adjudication of disability shall be determined according to the place of habitual residence within the meaning of the provisions on the records of the population.

3. The property of the local panel on disability shall be determined according to the place of stay in the case of persons:

1) homeless;

2) staying outside the place of permanent residence more than two months for health or family reasons;

3) residing in the criminal and correctional facilities;

4) staying in the homes of social assistance and support centres within the meaning of the social assistance regulations.

4. In the case of the persons referred to in paragraph. 3 points 2 to 4, the disability adjudication team is obliged to send a notification of the issued decision to the district court for the adjudication of the disability competent according to the mouth. 2.

Article 6a. [ District Court for Disability adjudication] 1. The Starosta, within the scope of government administration tasks, appoints and refers the district team to the disability adjudication team, hereinafter referred to as the "district team", after obtaining the consent of the voyeur and submitting the information about the implementation of the district of the district tasks. The consent of the wojewater requires the opinion of the Plenipotentiary of the Government for the Affairs of Persons with Disabilities, hereinafter referred to as "Plenipotentiary".

2. The wojewoda after consulting the starostów and obtaining the opinion of the Plenipotentiary shall determine the area of activity of the district team, which may cover its reach of more than one county, and the seat of the exit depots adjudicating in the counties, in who have not been appointed a district team.

3. A district team operating in the city on the rights of the district may be called an "urban team for the adjudication of disability". The provisions of the paragraph 1 shall apply mutatis mutandis.

4. The Provincial Team for Disability adjudication, hereinafter referred to as the "voivodship", shall appoint and refer to the voivodship, after consulting the Plenipotentiary.

Article 6b. [ Adjudication] 1. The county teams shall rule at the request of the person concerned or her statutory representative or, with their consent, at the request of the social assistance centre.

2. Social assistance measures may take part in the rights of the party in cases in which the district assemblies are adjudicated.

3. In the decision of the district assembly, apart from the cessation of disability or the degree of disability, there should be included indications concerning in particular:

1) adequate employment taking account of the psychophysical possibilities of a person;

2. training, including specialised training;

3) employment in the establishment of professional activity;

4) participation in the use of seized therapy;

5) the need for the supply of orthopaedic objects, auxiliary agents and technical aids, to facilitate the functioning of the person concerned;

6) the use of the environmental support system in self-existence, thus understanding the use of social services, caring, therapeutic and rehabilitation services provided by the network of social assistance institutions, organizations non-governmental and other establishments;

7) the need for permanent or long-term care or assistance of another person in connection with a significantly reduced possibility of self-existent;

8) the necessity of permanent complicity on the daily caregiver's day in the process of his treatment, rehabilitation and education;

(9) the fulfilment by a person with a disability of the conditions laid down in the Article. 8 ust. 3a (1) and (2) of the Law of 20 June 1997. -The right of traffic (Dz. U. 2012 r. items 1137, from late. (a) where, in the case of disabled persons who have a moderate degree of disability, the fulfilment of these conditions can only be established if the cause of the disability is determined by the 04-O symbol (disease). visual organ), 05-R (movement organ impairment), or 10-N (neurological disease).

Article 6b 1 . [ Special studies] 1. In the voivodship team shall carry out specialized studies, including psychological, hereinafter referred to as "research", persons applying for a decision on disability or the degree of disability, on the basis of the referrals issued by physicians or psychologists, respectively, of the members of the Disability Teaching Team.

2. The referral should contain:

1) the name of the team whose doctor or psychologist directs for research;

(2) the type of study to which the person concerned is addressed;

3) first name (s) and surname of the person addressed;

4) the registration number of the Universal Electronic System of the Records of Population (PESEL) or the characteristics of the document confirming the nationality, in the case of a foreigner not having a PESEL number;

5) date of birth;

6) place of check-in or stay;

7) the date of issue of the referral;

(8) justification for referral to research;

9) the signature and stamp of the person directing and accepting the examination.

3. The results of the tests shall be made in written form on the test form, which shall be accompanied by computer printouts or taken photographs.

4. The test form shall contain the following data:

1. the reference number of the test;

2) the name of the voivodship of the team in which the survey was executed;

3) first name (s) and name of the test person;

4) the registration number of the Universal Electronic System of the Records of Population (PESEL) or the characteristics of the document confirming the nationality, in the case of a foreigner not having a PESEL number;

5) date of birth;

6) place of check-in or stay;

7) the date of the test;

8) the result of the test together with the description;

9. information on the Annexes;

10) signature and stamp of the doctor or psychologist who performs the test.

5. The results of the tests shall be sent to the team whose doctor or psychologist has issued the referral, within 3 working days from the date of their preparation; the second copy of the results is stored in the voivodship together with the computer printout or photographs taken.

6. A copy of the test results shall be issued at the request of the test person or of its statutory representative.

7. In the provincial team there is a register of research in the form of a written and electronic document. This register should contain:

1. the reference number of the test;

2) personal data of the test person referred to in paragraph. 2 points 3 to 6;

3) the date of referral for research;

4) the date of the test;

5) the surname and surname of the doctor or psychologist performing the tests.

8. The voivodship team is entitled to process the personal data of persons surveed for the purpose of issuing a decision on disability or the degree of disability.

9. The data collected in the test form or the annexes shall be made available, as far as they are necessary, to carry out the tasks defined in the Act:

1. Plenipotentiary;

2) the district teams.

10. The test form and annexes shall be destroyed after 50 years from the date of preparation of the test form.

11. The Voivodship team shall keep the appropriate records and ensure that it is stored and protected from damage, destruction or loss of documentation concerning research.

12. The Minister responsible for Social Security in consultation with the Minister responsible for health shall determine, by means of a regulation:

1) the scope of the tests performed, and the mode and conditions of the driving for these tests,

2) the organizational conditions of performing the tests,

3) the technical conditions of the premises in which the tests are carried out

-with a view to ensuring the smooth functioning of the process of adjudicating the disability or the degree of disability.

Article 6b 2 . [ The exchange of information on persons who have applied for the establishment of a disability or the determination of the degree of disability] 1. The county teams and voivodships may use, from the exchange of information by electronic means, from data concerning persons who have applied for the determination of disability or to determine the degree of disability, about:

1) possession of a decision of incapacity to work, its type and period for which it was issued-collected by the Social Insurance Institution, the Agricultural Social Insurance Fund, the pension bodies referred to in art. 32 par. 1 points 1 and 2 of the Act of 18 February 1994. on the pensions of police officers, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the Government Security Office, the State Security Office Fire Service and Prison Service and their families (Dz. U. of 2016 r. items 708), and military pension bodies;

2) the right to the rehabilitation benefit and the period of its collection-collected by the Social Insurance Institution;

(3) qualifications and professional skills and professional experience-collected by the public employment services;

4. having the status of unemployed registered in the district labour office and the collection of unemployment benefits and the use of labour market activists, which are collected by the public employment services.

2. In the event of a failure of the information and communication systems used for the exchange of information by electronic means referred to in paragraph 1. 1, county teams and voivodship teams may use the data specified in the paragraph. 1 by means of a written exchange of information. The entities mentioned in the paragraph 1 shall transmit this data without delay, but not later than within 7 days from the date of receipt of the application of the district team or the provincial team.

Article 6c. [ Attorney] 1. The Plenipotentiary shall exercise supervision over the adjudication of disability and the degree of disability.

2. The supervision referred to in paragraph 2. 1, consists of:

1) review of decisions as to their compliance with the collected documents or with the rules on the decision on disability or the degree of disability;

2) control of the correctness and uniformity of application of the provisions, standards and procedures of the proceedings in cases concerning the adjudication of disability and the degree of disability;

3) training of the members of the provincial teams;

4) to provide explanations regarding the application of the provisions governing the proceedings in cases concerning the judgment of disability or the degree of disability.

3. If, as part of supervision, the Plenipotentiary finds that there is reasonable doubt as to the conformity of the decision with the facts or that the decision has been issued in a manner contrary to the rules on the decision of a disability or of a degree disability, may apply to the competent authority about:

1) annul the decision;

2. resumption of proceedings.

4. The power of attorney, as a result of the findings of the supervision of irregularities, may:

1) require the body which has set up the disability adjudication team to dismiss the members of the team responsible for the irregularities found;

2) consent to the withdrawal by the voilewater of consent to the appointment of the district assembly;

3) require the body which has appointed a team to adjudicate on disability, to appeal the team;

4) temporarily suspend the activities of the district assembly by specifying the conditions for the re-establishment of the team and appointing the team which will implement the tasks of the suspended team.

5. Supervision referred to in paragraph 2 points 1 and 2, on behalf of the Plenipotentiary, shall implement the persons authorised by him, who possess the necessary knowledge to carry out the checks. The written authorisation shall be issued for a limited period of not more than 2 years.

6. The Wojewoda is a direct supervision of the district teams. The provisions of the paragraph 2, 3, 4 (1) and (4) and (4) 5 shall apply mutatis mutandis.

7. The Wojewoda presents the Plenipotentiary with information on the implementation of tasks:

1) greeting teams, prepared on the basis of information received from the starostes;

2) the provincial team.

8. From the decision of the voivodship the team shall have recourse to the labour court and social security.

9. The Minister responsible for social security shall determine, by means of a regulation:

1) the detailed rules for the issuing of decisions referred to in art. (a) a decision on disability and disability, taking into account the procedure for adjudicating and the composition and method of appointment and dismissal of members of the adjudicating teams, and the manner in which those teams are working;

(2) the nature and extent of the qualifications of the members of the formation of the formation of the members of the hearing and the procedure to be followed for the issue of the certificates giving entitlement to the disability or the degree of disability, taking into account the need to ensure that specialised qualifications, appropriate to the scope of the decision;

3. the organisational and technical conditions to be fulfilled by the premises of the adjudicating teams, with a view to ensuring access to those premises for disabled persons;

4) the mode of training and the minima of training programmes for specialists appointed to the adjudicatory teams and the choice of training centres authorised to provide training, guided by the need to ensure an appropriate level of training education, including an appropriate level of expertise;

(5) the eligibility and treatment standards for the disability and the degree of disability, having regard to the diseases affecting the fitness of the organism and the duration of the infringement, which may result in the duration of the infringement, (b) the degree of disability and the signs of disability;

6) the models and deadlines for the submission of the information referred to in paragraph. 7 and art. 6a par. 1, taking into account elements of the information on the performance of the tasks, the conclusions adopted, the decisions issued and the cards issued, the expenditure and the elements of the summary statements;

7) models of identity cards documenting the disability or the degree of disability and the authorities entitled to issue them, with a view to preserving the uniformity of the document confirming the basis for the use of allowances and entitlements.

Article 6d. [ Electronic National Monitoring System for Disability] 1. The Electronic National Monitoring System for Disability, hereinafter referred to as 'the system', shall be established, in which the data are processed to improve and improve the quality of the decision on disability and the performance of the tasks of the teams. disability adjudication.

1a. Supervision of functioning of the system shall be exercised by the Plenipotentiary.

1b. Under the supervision of the Plenipotentiary:

1) define the scope and directions of the development of the system;

2. propose, in agreement with the Minister responsible for social security, the amount of resources necessary for the maintenance and development of the system;

3) inform the Minister responsible for social security of the risks to the proper functioning of the system.

2. The county teams and voivodships and the Plenipotentiary are the controllers of the data in their own databases of the system.

3. The system collects data on:

1) persons who have applied for the establishment of a disability or to establish a degree of disability;

2) the statutory representatives of the persons referred to in point 1;

3) members of the district teams and provincial teams;

4) other persons employed in the teams;

5) the costs of the functioning of the district assemblies and voivodships, including:

(a) depreciation,

(b) consumption of materials and energy,

(c) salaries, compulsory contributions and other benefits, including those for the staff performing the tests or ancillary activities in the performance of those tests,

(d) civil-law contracts, including contracts concluded with persons carrying out tests or performing ancillary activities in the performance of those tests,

(e) other types not listed above, broken down by budget of the State and of the budget of the local government unit.

4. The data collected in the system includes:

1) data on the persons referred to in paragraph. 3 points 1 to 3:

(a) first name (s) and surname,

(b) date and place of birth,

(c) sex,

(d) the address of the place of check,

(e) address of residence,

(f) characteristics of identity documents: type of document, number and series of documents,

(g) the reference number of the General Electronic Population Register (PESEL) or the nationality in the case of a foreigner not having a PESEL number;

(1a) the data referred to in Article 6b 2 paragraph 1, concerning the persons referred to in paragraph. 3 point 1;

2) data on the education and occupation of the persons referred to in paragraph. 3 points 1 and 3;

3) data on the form of employment and the working time dimension of the persons referred to in paragraph. 3 point 3;

4) data on the number of persons referred to in paragraph. 3 (4), the forms of their employment and the working time dimension;

5) data concerning the date and type of the decision issued, the symbol of the cause of disability, the date of the uprising of the disability or the degree of disability, the period for which the judgment was given, the indications referred to in art. 6b par. 3;

6) data on the parking card within the meaning of the Act of 20 June 1997. -Right of road traffic:

(a) card number,

(b) the date of issue,

(c) the expiry date of the

(d) the designation of the district assembly the President of which issued the card,

(e) the name, the number of the General Electronic System of Records of the Population (PESEL) of the disabled person to whom the card has been issued,

(f) the name and address of the establishment, the identification number in the national official register of the entities of the national economy (REGON), the brand, the model and the registration number of the vehicle to which the driver is entitled to use the card-in the case of cards issued the facility referred to in Article 8 ust. 3a point 3 of the Act of 20 June 1997. -Right of road traffic,

(g) the date and cause of the card's expiry

(4a) The data collected in the system shall be made available if they are a criterion for the award of the benefit to the following entities:

1. the competent authority referred to in Article 1. 3 point 11 of the Act of 28 November 2003. on family benefits (Dz. U. of 2016 r. items 1518 and 1579), and the Marshal of the voivodship-for the purpose of verifying data concerning applicants for family benefits, family benefits persons and members of their families;

2. to the competent authority of the debtor referred to in Article 2 point 9 of the Act of 7 September 2007. aid to persons entitled to alimony (Dz. U. of 2016 r. items 169, 195 and 1579), and to the authority of the competent creditor referred to in Article 2 point 10 of this Act-for the purpose of verifying data concerning applicants for the benefit of the maintenance fund, the persons collecting the benefit from the maintenance fund and their family members and the data concerning maintenance debtors;

3) the organisational units of social assistance carried out by local government units-to verify data on applicants for social assistance benefits, persons receiving social assistance benefits, and members of their families;

4. the competent authority referred to in Article 4. 2 point 11 of the Act of 11 February 2016. o State aid in the raising of children (Dz. U. Entry 195 and 1579), and the Marshal of the voivodship-to verify data concerning the persons applying for the provision of parental care, the persons receiving the educational provision and the members of their families.

4b. Entities mentioned in the paragraph. 4a may process data made available from the system for the purpose for which the data were made available to them, in accordance with the rules laid down in the provisions of the Act of 29 August 1997. on the protection of personal data (Dz. U. of 2016 r. items 922).

4c. The entities mentioned in the paragraph. 4a shall keep the data available from the system for a period of 10 years from the date on which it was made available, with the exception of data relating to persons whose benefit has not been granted, which shall be kept for a period of 1 year from the date on which the decision on the matter was taken. the benefits have become final, or from the day on which the application for entitlement to the benefit has been fixed without consideration.

4d. Data made available from the system shall be removed immediately after the expiry of the storage periods referred to in paragraph 1. 4c.

5. The Minister responsible for social security shall ensure the organisational and technical conditions for the functioning of the system.

6. The Minister responsible for social security shall determine, by means of regulations, detailed conditions, including technical and organisational arrangements, the manner and mode of collection and disposal of data from the system, with a view to their protection against access to, or use by, unauthorised persons.

Chapter 3

Rehabilitation of disabled persons

Article 7. [ Rehabilitation of disabled persons] 1. Rehabilitation of persons with disabilities means a team of activities, in particular organizational, therapeutic, psychological, technical, training, educational and social activities, aiming to achieve, with the active participation of these persons, the highest possible level of their functioning, quality of life and social inclusion.

2. The medical rehabilitation of persons with disabilities is carried out on the basis of separate regulations.

Article 8. [ Rehabilitation] 1. Professional rehabilitation is intended to make it easier for a person with disabilities to obtain and maintain adequate employment and career promotion by enabling her to use occupational counselling, vocational training and placement.

2. To achieve the objective referred to in paragraph. 1, it is necessary to:

1) make an assessment of the ability to work, in particular by:

(a) to carry out medical and psychological examinations in order to determine the physical, mental and mental fitness to be carried out and to assess the possibility of increasing this efficiency,

(b) the establishment of qualifications, professional experience, empowers and interests;

2. conducting career guidance that takes into account the assessment of the ability to work and allows the selection of an appropriate profession and training;

3) professional preparation taking into account employment prospects;

4) the selection of the appropriate workplace and its equipment;

5. establishment of technical measures enabling or facilitating the performance of work and, where necessary, orthopaedic objects, auxiliary measures, rehabilitation equipment, etc.

Article 9. [ Social Rehabilitation] 1. Social rehabilitation is aimed at enabling people with disabilities to participate in social life.

2. Social rehabilitation shall be carried out primarily by:

1) the expression of personal resourcefulness and stimulation of the social activity of a disabled person;

2) expressing the skills of self-fulfilling the social roles;

3) the elimination of barriers, in particular of architectural, urban, transport, technical, communication and access to information;

4) shaping the right attiment and behaviour in society to encourage integration with people with disabilities.

Article 10. [ Participation in Occupational Therapy and Rehabilitation Workshops] The basic forms of activity supporting the process of professional and social rehabilitation of persons with disabilities include the participation of these persons in:

1) workshop therapy workshops, hereinafter referred to as "workshops";

2) rehabilitation turnuses, hereinafter referred to as "turnusami".

Article 10a. [ Workshop] 1. The workshop means an organised and financially isolated facility providing persons with disabilities, unable to take up the possibility of social and professional rehabilitation in the area of obtaining or restoring the skills necessary for the employment.

2. Implementation by the workshop of the purpose referred to in paragraph. 1, is carried out with the use of seized therapy techniques, aiming to develop:

1) the ability to perform daily life and personal resourcefulness;

2) psychophysical fitness and basic and specialist professional skills, enabling participation in vocational training or taking up work.

3. The therapy is implemented on the basis of an individual rehabilitation program, in which the following is determined:

1) forms of rehabilitation;

2) the scope of rehabilitation;

3) the methods and scope of learning the skills referred to in the paragraph. 2;

4) forms of cooperation with family or guardians;

5) planned effects of rehabilitation;

6) persons responsible for the implementation of the rehabilitation programme.

4. In the workshop, the programme council is composed, which includes:

1) the workshop manager;

2) specialists for rehabilitation or revalidation;

3) instructors of the occupancy therapy;

4) psychologist;

5) professional adviser or trainers-as appropriate.

5. The Programme Board shall make periodic and, at least every 3 years, a comprehensive evaluation of the implementation of the individual rehabilitation programme of a participant of the workshop and takes a position on the issue of the progress achieved by it in rehabilitation, justifying:

1) taking up employment and continuing professional rehabilitation in the conditions of protected work or on an adapted work station;

2) the need to direct a disabled person to the support centre, within the meaning of the social assistance regulations, due to the lack of progress in rehabilitation and bad prognosis as to the possibility of achieving the progress justifying the employment and continuation of professional rehabilitation in the conditions of protected work or on the labour market after undergoing further rehabilitation in the workshop;

3) prolongation of the participation in therapy due to:

(a) positive prognosis as to future progress in rehabilitation, enabling employment and continuing professional rehabilitation under protected labour conditions or in the labour market,

(b) periodic absence of any possibility of employment,

(c) the temporary lack of possibility for the disabled person to be referred to the support centre referred to in point 2.

Article 10b. [ Organisation of workshops] 1. Workshops can be organized by foundations, associations or by other entities.

2. The costs of establishment, activity and resulting increase of the number of participants of the workshop are co-financed from the resources of the State Fund for Rehabilitation of Persons with Disabilities, hereinafter referred to as the "Fund" and from the resources of the district government, or other sources, subject to paragraph. 2a, 2b, 3 and 4 and Article 68c (c) 1.

2a. The costs of activity of the workshop are financed from the district self-government measures of at least 10% of these costs.

2b. The percentage share of the costs referred to in the paragraph. 2a may be reduced, provided other sources of funding are found, in particular for the development of the work of the workshop.

3. The funding from the Fund of the costs of participation in the workshop of persons with disabilities staying in the organisational units required to provide the occupancy therapy on the basis of separate regulations, is lowered according to the percentage rate of the share of those persons in the total number of participants in the workshop, hereinafter referred to as the 'participation rate', subject to the paragraph. 4 and 5.

4. From the Fund's resources, the costs referred to in the paragraph shall not be financed. 3, where the participation rate is at least 80%.

5. The costs referred to in the paragraph. 3, they shall not be reduced if the rate of participation does not exceed 30%.

6. The district, whose inhabitants are participants of rehabilitation in a workshop operating in the area of another district, is obliged to cover the costs of rehabilitation in relation to its inhabitants, in part not subject to the funding from the funds The Fund, in the amount and on the basis of the agreement concluded with the district in which the workshop is operating.

6a. The district assistance centres shall carry out at least once a year the control of the workshops.

7. The Minister responsible for Social Security shall determine, by means of a regulation, detailed rules for the establishment, operation and finalisation of the workshops, the composition and the scope of the team dealing with the proposals and the scope of the action of the Council a programmatic workshop, as well as the scope and mode of carrying out control of the workshops by the district's district assistance centres, including:

1) the designs, the mode of submission and the way in which applications for financing the costs of establishment, activity and costs resulting from the increased number of participants of the workshop are processed,

2) the way of subsidize the costs of establishment, activity and costs resulting from the increased number of participants of the workshop,

3) the way of compiling information on the use of funds and the reports on the activity of the workshop,

4) the detailed rules for reducing the funding according to the rate of participation,

5) the detailed scope of the action of the Programme Board and the way of assessing the progress of the persons involved in rehabilitation

-with a view to ensuring the proper functioning of the workshops and the appropriate level of rehabilitation.

Article 10c. [ Turnus] 1. Turnus means an organised form of active rehabilitation combined with rest elements, the aim of which is the general improvement of psychophysical efficiency and the development of the social skills of the participants, among other things, by establishing and development of social contacts, implementation and development of interests, as well as participation in other activities provided for in the turnus programme.

2. Turnuses can be organized:

1) by natural persons conducting business activity, legal persons and other organizational units without legal personality, which lead at least for 2 years activity for the benefit of persons with disabilities and have obtained an entry in the register the organisers of the water supply, hereinafter referred to as the 'Turnus-organiser';

2) exclusively in the centres which have obtained an entry in the register of the centres maintained by the wojewater-with the exception of the turnuses organised in the form referred to in paragraph. 5 point 2, subject to paragraph. 3.

3. In the homes of social assistance or other care facilities, turnout can only be organised for disabled persons who are not permanent members of such units.

4. The measures, in which the turnons are organized, provide the persons with disabilities the appropriate conditions of stay, adapted to the type and degree of disability of the participants of the turnus, and the basis for conducting rehabilitation and execution of the specific programme turnus.

5. The duration of the turnuses referred to in paragraph. 2, shall be at least 14 days. Turnuses are organised exclusively on the territory of the country, in groups of not less than 20 participants, in the form of:

1) stationary;

2) non-stationary.

6. The turnout programme shall specify:

1) the type and objectives of the turnus and the form of rehabilitation suitable for the types of diseases of persons with disabilities;

2) types of cultural and educational activities and sports-recreation activities and other activities resulting from the specialist type of turnus, taking into account individual and group activities;

3) the staff responsible for the implementation of the turnus programme.

7. The organizer of the turnuses is obliged to:

1) the security of the turnus from the organisational, technical and human resources in a way that guarantees safe conditions for persons with disabilities in the turnout;

2) the development and implementation of the turnout programme;

(3) making available to the competent authority due to the place of establishment of the district assistance centre with a family of information containing:

(a) the name of the centre and locality in which the turnuses will be held,

(b) the date of the start and end of the turndown

(c) the conditions of residence at the centre where the turnout is organised,

(d) the turnus programme referred to in paragraph 1. 6,

(e) the cost of participation in the turnout

4. to send to the appropriate district assistance centre the information on the route of turnus information within 21 days from the date of completion of the turnus, drawn up separately for each participant benefiting from the Fund's funding;

5) storage of documents relating to the course of turnus for a period of 3 years.

Article 10d. [ Register of Centres and Register of Turnusów organizers] 1. The wojewoda shall keep a register of centres and register of the organizers of the turnuses and enter these registers for a period of 3 years after the site or organiser of the turnuses has fulfilled the conditions determined in accordance with the paragraph. 8 point 3.

2. The funds applying to obtain an entry in the register of reception centres of the Turnussian group shall submit an application for entry in the register to the relevant territorially self-government of the voivodship, which, after an opinion of the request, within 30 days from the date of its impact forward the application of the wojewater.

3. Entities applying to obtain an entry in the register of the organizers of tourists shall submit an application for entry in this register to the water of the competent authority due to the location of the organizer of the turnus.

4. The implication of the application shall be made within 30 days from the date of its impact. The manner in which the applications referred to in paragraph 1 are dealt with. 2 and 3, wojewoda shall inform the centre and the local government or the organizer of the turnus respectively.

5. The site or organizer of the turnus who has obtained entry in the register shall be obliged to immediately notify the wojewater about any change of the conditions giving rise to the entry to the register of the centres or the register of the organizers of the turnuses.

6. The wojewoda shall remove the centre or the organizer of the turnus from the register in the event of:

(1) failure to comply with the conditions laid down by the paragraph. 8 point 3;

2) prevent the control of the site or the tour operator.

7. About the entry or removal from the registers referred to in paragraph 1, wojewoda informs within 14 days the Plenipotentiary, who runs the central database of sites and organizers of the turnuses having an entry in the register of water bags and issues a national informant about the sites and organizers of the turnuses holding such an entry.

8. The Minister responsible for social security shall determine, by means of a regulation:

1) the types of turnuses organised with the participation of the Fund's resources and the conditions for participation in these Turnusks,

(2) the conditions to be met by disabled persons applying for the grant of participation in the turnout, the procedure for the submission and processing of applications for funding, the amount and the way in which the aid is granted and the transfer of such funding The Fund,

3) the conditions to be met by the organizers of the Turnuses and the centres where the turnuses are held, the manner of assessing the fulfilment of these conditions and making the entry in the registers and the rules for keeping the registers,

4) the scope, manner and mode of control of the organizers and of the centres entered in the registers, carried out by the district assistance centre of the family or the wojewater and the obligations connected with this control,

(5) the extent of the information on the centres and organisers of the turnuses which have an alert to the registers referred to in paragraph 5 by the wardators. 1, the rules for conducting a central database of sites and organizers of the turnuses holding such an alert and making available the data contained in that database,

6) models of applications, notifications and information

-with a view to ensuring an adequate level of rehabilitation.

Art. 10e. [ Funding for participation in the turnout] 1. A disabled person may apply for a grant from the funds of the Fund to participate in the turnout, if the average monthly income, within the meaning of the provisions on family benefits, divided by the number of persons in the joint holding the house, calculated for the quarter preceding the month of submission of the application, does not exceed the amount of:

1) 50% of the average salary per person in the common household;

2) 65% of the average salary in the case of a single person.

2. If the amounts of income referred to in paragraph are exceeded. 1, the amount of the financing shall be reduced by the amount by which that income has been exceeded, subject to paragraph 1. 3.

3. In the event justified by the difficult material or random situation of a disabled person, the funding from the Fund for participation in the turnout of that person or the financing of the participation of its guardian may be granted without any reduction of the amount the financing, despite exceeding the amounts of income referred to in paragraph 1. 1.

4. The amount of co-financing for the participation in the turnout granted to a disabled person shall be transferred to the account of the bank of the turnus organizer.

Art. 10f. [ Directing to participate in workshops and turnuses] 1. Persons with disabilities shall be directed to participate in:

1) a workshop-as indicated in the Disability or Disability judgment;

2) turnout-at the request of the doctor, under whose care this person is located.

2. The entity intending to organise or presenter the workshop shall adopt and approve, in agreement with the district assistance centre of the family, the notification of persons to participate in the workshop.

3. Applications of persons with disabilities to finance participation in the turnout shall be submitted in the district assistance centres of the family.

Chapter 4

Rights of persons with disabilities

Article 11. [ Use of services or labour market instruments specified in the Act on the Promotion of Employment and Labour Market Institutions] 1. A disabled person registered in a district labour office as an unemployed person or seeking employment not remaining in employment shall be entitled to use the services or instruments of the labour market under the conditions laid down in the Act of 20 April 2004. on the promotion of employment and labour market institutions (Dz. U. of 2016 r. items 645, 691, 868, 1265 and 1579), hereinafter referred to as the 'Promotions Act'.

2. A disabled person registered in a county labour office as a job-seeker who is not in employment may also use the following principles such as the unemployed from the following services or instruments specified in the Promotion Act:

1. training;

2) internship;

(3) intervention work;

4) professional preparation of adults;

5) medical or psychological examinations referred to in art. 2. 3 of the act on promotion;

6) the reimbursement of the costs referred to in Article 45 par. 1, 2 and 4 of the Promotion Act;

7) financing of the costs referred to in art. 45 par. 3 of the act on promotion;

8) postgraduate studies;

9) trainings on the basis of tripartite training contracts concluded between the internship, the employer and the training institution;

10) the voucher for resettlement;

11) a training voucher;

12) a stafter battalion.

3. Expenditure on the instruments or services of the labour market referred to in paragraph 1 and 2, shall be financed in respect of disabled persons registered as:

1) unemployed-from the resources of the Labour Fund;

(2) jobseekers who are not in employment, from the Fund's resources.

Article 12. (repealed)

Art. 12a. [ Disposable measures for taking up economic, agricultural or social cooperative contributions] 1. A disabled person, referred to in art. 11 (1) 1, may receive, from the Fund, a one-off measure for taking up economic, agricultural or social cooperative activities in the amount specified in the agreement with the apprentices, but not more than up to the amount of the Fund Fifteen times the average salary if no non-refundable public funds have been received for that purpose.

2. A disabled person who has received a one-time contribution to economic activity, agricultural activity or contribution to a social cooperative shall be obliged to reimburse the funds received with interest in the amount specified as for the tax arrears if, for reasons attributable to the party, the terms of the contract referred to in paragraph 1 are violated. 1.

3. The Minister responsible for social security shall determine, by means of a regulation:

1. the conditions and mode of granting and reimbursement of the measures referred to in paragraph 1. 1,

2. the form of the security of the repayment of the measures referred to in paragraph. 1, in the event of breach of the terms of the contract concerning their award,

3) the design of the application and the necessary elements of the agreement concerning the granting of the measures referred to in 1

-with a view to increasing the professional activity of disabled persons, ensuring the compatibility of the aid granted with the rules for granting public aid under the de minimis rule and the rational management of the Fund's resources.

Article 13. [ Financing of bank loans contracted to continue with business] 1. A disabled person carrying out an economic activity or an own or leased agricultural holding may receive, from the Fund's resources, a subsidy of up to 50% of the borrowing rate of the bank borrowing on the continuation of that holding activities, if:

(1) has not benefited from a loan for business or agricultural activity, or the loan has been repaid or repaid in full;

2. has not received any non-repayable funds for economic or agricultural activity, or has carried out that activity for at least 24 months from the date of receipt of the aid for that purpose.

2. The financing shall take place on the basis of the agreement concluded by the starostia with the person referred to in paragraph. 1.

Article 14. [ Accident at work or occupational disease and loss of ability to work on the current position] 1. An employee who, as a result of an accident at work or occupational disease, has lost his/her ability to work on the current position, the employer is obliged to expel or arrange an appropriate job with a basic social background, no later than three months from the date of notification by that person, of joining the work. The notification of the readiness of accession shall take place within one month from the date of recognition as a disabled person.

2. The provision of the paragraph. 1 shall not apply when the sole cause of the accident at work was a violation of the safety and hygiene rules of work by an employee with his or her fault or his state of immorality-proven by the employer.

Article 15. [ Working time of a disabled person] 1. The working time of a disabled person shall not exceed 8 hours a day and 40 hours a week.

2. The working time of a disabled person included in a significant or moderate degree of disability shall not exceed 7 hours a day and 35 hours a week.

2a. (repealed)

3. A disabled person shall not be employed at night and overtime.

4. (repealed)

Article 16. [ Exemption of application of the law] 1. Rules of the art. 15 shall not apply:

1. to persons employed in guarding and

2) when, at the request of the employed person, the doctor carrying out the prophylactic examinations of the employees or in the absence of his/her doctor the care of the person shall give his consent to that person.

2. The costs of the research referred to in paragraph. 1 point 2, shall be borne by the employer.

Article 17. [ Additional work break for a fitness gymnastics or leisure gymnastics] The disabled person has the right to take an additional break in the work for the improvement or rest gymnastics. The break time is 15 minutes and is included in the working time. This does not violate the provision of Article 134 of the Act of 26 June 1974. -Labour Code (Dz. U. of 2016 r. items 1666).

Article 18. [ Salary height] 1. The application of working time standards referred to in art. 15, does not result in a reduction in the amount of the remuneration paid at a fixed monthly amount.

2. An hourly rate of basic salary corresponding to the personal grade or grade of the work performed, with the transition to the working time standards referred to in art. 15, they shall be increased in relation to the duration of their working time to these standards.

Article 19. [ Additional holiday leave] 1. A person who is credited to a significant or moderate degree of disability shall be entitled to a supplementary holiday of 10 working days in the calendar year. The right to the first additional leave shall be acquired after one year of work after the date on which it has been credited to one of those degrees of disability.

2. The leave referred to in paragraph 2. 1, shall not be entitled to a person entitled to a holiday leave in excess of 26 working days or to additional leave on the basis of separate provisions.

3. If the amount of the additional leave referred to in paragraph 1 2, is less than 10 working days, instead of that leave shall be entitled to an additional leave specified in the paragraph. 1.

Article 20. [ Exemption from working with the right to pay] 1. A person with significant or moderate degree of disability has the right to be exempted from working with the maintenance of the right to pay:

1) in the dimension up to 21 working days in order to participate in the rehabilitation turnout, not more often than once a year, subject to art. 10f ust. 1 point 2;

2) for the execution of specialized tests, medical or improvement treatments, and for the purpose of obtaining orthopaedic supplies or its repair, if these activities cannot be performed outside working hours.

2. The remuneration for the time of the exemptions from the work referred to in the paragraph. 1, shall be calculated as the cash equivalent for holiday leave.

3. The total amount of the holiday referred to in Article 3. 19 (1) 1 and the dismissal of the work referred to in paragraph 1. 1 point 1 shall not exceed 21 working days in the calendar year.

4. The Minister responsible for social security shall determine, by way of regulation, the detailed rules for the granting of exemptions from the work referred to in paragraph 1. 1 point 1.

Art. 20a. [ Introduction to public utility facilities along with assisting dog] 1. A disabled person with a dog assisting has the right of admission:

1) to public utility facilities, in particular: buildings and their surroundings intended for public administration, justice, culture, education, higher education, science, health care, social welfare and social, banking, trade, gastronomy, services, tourism, sport, passenger services in the transport of passengers by rail, road, air, sea or inland waterway, postal or telecommunications services and other public services buildings designed to perform similar functions, including office and social buildings;

2) to national parks and nature reserves;

3) on the beaches and bathing areas.

2. The authority referred to in paragraph 2. 1, shall also enjoy in the means of transport by rail, road, air and water, and other means of public communication.

3. The authority referred to in paragraph 1. 1 and 2, does not relieve the disabled person from liability for damage caused by a dog assisting.

4. A condition for exercising the right referred to in paragraph 1. 1 and 2, is the equipment of the dog assisting in the harness and the possession by the person with a disability certificate confirming the status of the assistant dog and the certificate to perform the required veterinary vaccinations.

5. With the power referred to in paragraph. 1 and 2, may use a dog trainer trained on a dog assisting on the basis of a certificate issued by an entity conducting training of assisting dogs. The provisions of the paragraph 4 and 6 shall apply mutatis mutandis.

6. The disabled person shall not be obliged to assume the dog to assist the muzzle and to carry it on leash.

Art. 20b. [ Certificates for assisting dogs] 1. The status of the assistant dog confirms the certificate issued after the completion of the appropriate training.

2. The certificate shall be entitled to this operator training dogs assisting, entered in the register of entities entitled to issue certificates.

3. The costs of issuing the certificate shall be financed by the Fund at the request of the entity authorized to issue certificates.

4. The register referred to in paragraph 1. 2, shall lead the Plenipotentiary.

5. An entry in the register shall be made at the request of the operator of the training dogs training dogs.

6. The Plenipotentiary shall notify the person who submitted the application for entry in the register, about the entry or refusal to make an entry in the register.

7. The Plenipotentiary may carry out the control of entities entitled to issue certificates in respect of compliance with the conditions set out in the provisions issued on the basis of the paragraph. 9.

8. The Plenipotentiary shall delete from the register in the case of failure to comply with the conditions specified in the provisions issued on the basis of the paragraph. 9, as notified by the party drawn up.

9. The Minister responsible for social security, having regard to the efficiency of training and certification, will determine, by means of a regulation:

1) the types of assistive dogs for which it is possible to issue certificates;

2) the conditions which the entities entitled to issue certificates should fulfil and how to assess the fulfilment of these conditions;

3. the procedure for the submission and processing of applications for the financing of the costs of issuing certificates, the amount and the way in which the resources of the Fund are granted and transferred to

4) the mode of submission and processing of applications for entry in the register of entities entitled to issue certificates;

5) the manner of making the entry and changes in the register of entities entitled to issue the certificates, the scope of the data covered by the register and the manner of keeping that register;

6) the models of the applications referred to in points 3 and 4 and the notifications of the entry, refusal to make the entry, and the deletion from the register of entities entitled to issue certificates;

7) how to designate assistive dogs and dogs during the course of training.

Art. 20c. [ The term from which a disabled person is entitled to an employee's rights] The disabled person shall be entitled to the employment rights set out in this Chapter as from the date on which the disabled person is included in the employment status of persons with disabilities under the Article. 2a.

Art. 20d. [ Exemption from the fees of a disabled person] 1. A disabled person, referred to in art. 8 ust. 3a of the Act of 20 June 1997. -The right of road traffic is exempt from the charge associated with the use of public roads or of an internal road enabling access directly to public facilities, in particular buildings intended for administration public, judiciary, culture, religious worship, education, higher education, science, health care, social and social care, banking, trade, gastronomy, services, tourism, sport, passenger handling in transport Rail, road, air or water, postal services or telecommunications and other publicly accessible buildings, which are intended to perform similar functions, including office and social buildings.

2. The exemption referred to in paragraph 2. 1, does not include the right to free of charge:

1) parking;

2) use of toll motorways;

3. crossing the roads of national motor vehicles and vehicle combinations consisting of a motor vehicle and a trailer or a semi-trailer with a maximum permissible weight of over 3,5 tonnes, including buses irrespective of their permissible weight total;

4) passing through bridge facilities and tunnels located in the roads of public roads.

Chapter 5

Specific obligations and powers of employers in relation to the employment of persons with disabilities

Article 21. [ Monthly deposit for the Fund] 1. Employer employing at least 25 employees on a full-time basis shall be obliged, subject to the paragraph. 2-5 and art. 22, make monthly contributions to the Fund, up to the amount of 40,65% of the average salary and the number of employees corresponding to the difference between employment ensuring the employment rate of disabled persons 6% and the actual employment of people with disabilities.

2. From the payments referred to in paragraph. 1, employers who have a disability employment rate of at least 6% shall be exempt from the employment rate.

2a. For state and local government units which are budget units, budget undertakings or auxiliary holdings, cultural institutions and bodies dealing with the statutory protection of cultural goods recognised as a monument to the history of the employment rate of persons with disabilities referred to in paragraph 1. 1 and paragraph 2, is 2%, 3% in 2005, 4% in 2006, 5% in 2007. and 6% in 2008. and in the following years.

2b. For public and non-public universities, public and non-public schools and care and rehabilitation facilities, the employment rate for disabled persons referred to in paragraph 2 (2) (b) and (2) (b) (b) (b) (b) (d) of the 1 and 2, is 0,5% in 2000, 1% in 2001 and 2004, and 2% in 2005 and in the following years.

2c. The employment rate of persons with disabilities in the units referred to in paragraph. 2b, is calculated as the sum of the employment rate of persons with disabilities and doubled rate of pupils, students, students or listeners who are disabled and learners or studying in general in the given the unit of regulations of teaching or study.

2d. Indicator of pupils, students, students or students with disabilities referred to in paragraph 1. 2c-means their percentage share in the total number of pupils, students, students or listeners respectively, according to the state of the previous year.

2e. From the payments referred to in paragraph 1. 1, exempted are not operating in order to achieve profit:

1) the homes of social assistance within the meaning of the provisions on social assistance;

2) hospice within the meaning of the provisions on medical activity;

(2a) caring and care facilities;

3) public and non-public organisational units whose exclusive subject of the activity is social rehabilitation and medical rehabilitation of persons with disabilities, education of persons with disabilities or care for persons with disabilities.

2f. Employers achieving the employment rates of persons with disabilities referred to in paragraph 1. 2, 2a and 2b, and the organisational units referred to in paragraph 2. They shall submit to the Fund a monthly and annual information on the employment of disabled persons, on the employment and education of disabled persons or on the activities of persons with disabilities, in accordance with the model set out, on the basis of regulation, by the minister responsible for social security. The monthly information shall be submitted by 20 months following the month to which the information relates, and the annual information shall be submitted by 20 January for the previous year.

2f 1 . Employer shall submit monthly and annual information referred to in paragraph. 2f, by teletransmission of data in the form of an electronic document.

2g. Employers referred to in paragraph 1. 2a and 2b, not achieving the employment rates of persons with disabilities listed in the paragraph. 2a and 2b, they shall pay in accordance with the rules laid down in the Article. 49.

3. With the payments referred to in paragraph. 1, employers shall be exempt from the winding-up work or bankruptcy proceedings.

4. The indicator referred to in paragraph. 2, may be reduced in the event of the employment of disabled persons with conditions which are particularly difficult to carry out.

5. The number of employees referred to in paragraph. 1, not including persons with disabilities staying on unpaid leave and persons who are not persons with disabilities employed:

1) on the basis of a contract of employment for the purpose of professional preparation;

(1a) on parental leave;

2) staying on parental leave;

3. non-performing work in connection with the operation of the military service or of the replacement service;

4) being participants of the Volunteer Labour Hufs;

5) non-performing work in connection with obtaining a rehabilitation benefit;

6) residing on unpaid leave, whose obligation to grant shall be determined by separate statutes.

6. The obligation referred to in paragraph 1 1, not applicable:

1) diplomatic posts and consular posts;

2) delegations and foreign missions.

(7) The Minister responsible for Social Security, in consultation with the Minister responsible for Health, will determine, by regulation, the types of medical conditions justifying the reduction in the rate referred to in paragraph 1. 2, and the way in which it is reduced.

Article 22. [ Reduction of contributions to the Fund] 1. Payments to the Fund referred to in Art. 21, shall be reduced by way of purchase of production or service, excluding trade, as produced or provided by the employer employing at least 25 employees on a basis of full working time, which reaches the rate of the employment of disabled persons included in:

1) a significant degree of disability or

2) moderate degree of disability, in relation to which mental illness, mental impairment, total developmental disorders or epilepsy and blind

-of at least 30%, hereinafter referred to as "the seller".

2. The condition of a reduction in payment shall be:

1) documenting the purchase of the invoice;

2) settlement of receivables for the purchase of production or service within the period specified on the invoice, with that in the case of payments made through the bank for the date of settlement of the receivables is considered the date on which the buyer's bank account is debiting the basis of the transfer order;

3) document by the purchaser of the amount of the reduction of information about the amount of the reduction issued by the seller within the time limit referred to in paragraph. 10 point 1.

3. [ 1] The payment reduction shall be entitled to a payment of 50% of the payment to the Fund to which the purchaser is obliged during the month concerned.

4. Entitled and the unused amount of the reduction may be taken into account in the payments to the Fund for a period of not more than 6 months, counting from the date of obtaining the information on the amount of the reduction.

5. The amount of the reduction referred to in paragraph 1. 1, constitutes the product of the remuneration ratio of disabled employees of the seller included in a significant or moderate degree of disability and of the income participation rate.

6. The index of salaries of disabled workers who are classified as a significant or moderate degree of disability shall be the product of the remuneration of those employees and of the number of posts corresponding to the difference between the real difference between the staff and the employment of all employees

employment and employment ensuring the employment rate of the disabled at 6%.

7. The rate of remuneration of disabled workers referred to in paragraph 1. 6, is the product of the lowest salary minus the social security contributions and the number of employees with a significant or moderate degree of disability in terms of the full amount of working time and the number of employees total disabled workers on the basis of the full working time.

8. The revenue share ratio shall be the ratio of revenue from the sale of its own production or of its own service, excluding trade, respectively produced or provided for in a given month in favour of the purchaser and the total revenue obtained this month from the the sale of its own production or its own service, excluding trade.

9. [ 2] The calculation of the reduction shall take into account only the employment and remuneration of staff employed on the basis of the contract of employment or the cooperative labour contract for the month to which the revenue referred to in the paragraph is classified. 8.

10. Seller:

1) issue an indication of the amount of the reduction immediately after the timely settlement of the receivables, however, not later than the last day of the month following the month in which the due date for the payment was due;

2) keep a record of the information issued about the amount of the reduction;

3. it shall inform the Fund's Management Board of the monthly information on the information on the amount of the reduction, within a period of up to 20. on the day of the month following the month in which the information was issued.

(11) Where the amount of the reduction exceeds the value of the production or service purchased, the reduction shall be granted only up to the amount specified in the invoice referred to in paragraph 1. 2 point 1, less the amount of the tax on goods and services in respect of which, in accordance with the provisions of the Act of 11 March 2004 o Tax on goods and services (Dz. U. of 2016 r. items 710, z Late. zm.), the taxpayer has the right to reduce the amount of tax due or to refund the tax difference.

(12) The Minister responsible for Social Security shall determine, by means of a regulation, the models of the information referred to in paragraph 1. 10 points (1) and (3), as well as the scope of the data collected in the records referred to in paragraph 1. Article 10 (2) and the way in which it is carried out, taking into account the possibility of the seller to verify that the conditions for the reduction, the conditions for use of the reduction by the purchaser and the verification of the correctness of the performance have been verified duties by the seller.

Article 22a. [ Control by the seller or the buyer with regard to the regularity of the implementation of the provision of art. 22] The President of the Management Board of the Fund may carry out an inspection by the seller or the buyer as regards the correctness of implementation of the 22.

Article 22b. [ Amount of payment to the Fund] 1. The Seller shall make a payment to the Fund in the amount of:

(1) 5% of the sum of the reduction amounts shown in the information on the amount of the reduction which are not included in the records or in the information referred to in Article 3 (1) (c) of the Regulation. 22 par. 10 points 2 and 3,

(2) 10% of the amount of the reduction shown in the information on the amount of the reduction in the event of a breach of the time limit referred to in Article 22 par. 10 point 1,

(3) 30% of the amount of the reduction shown in the information on the amount of the reduction, in the event of failure to comply with the conditions referred to in Article 3 (2) of 22 par. 1,

(4) three times the amount of the difference between the correctly calculated and the amount of the reduction to be paid, but not more than 30% of the amount of the reduction shown in the information referred to in point 3, in the case of non-conformity of the actual data resulting in the reduction of the reduction in this information

-up to 20. on the day of the month following the month in which those circumstances were disclosed as a result of the checks referred to in Article 22a, or of the examination procedure referred to in Article 272 of the Act of 29 August 1997. -Tax Ordinance (Dz. U. of 2015 items 613, of late. zm.), hereinafter referred to as the "Tax Ordinance".

2. The provision of the paragraph. 1 shall not apply if the amount of the payment does not exceed five times the cost of the reminder in the enforcement proceedings.

Article 23. [ Payment for the Fund of fifteen times the average wage] If the employer does not separate or arrange a job for the person referred to in art within the prescribed period of time. 14, it is obligatory to make, on the date of termination of the employment relationship with that person, the payment to the Fund of fifteen times the average wage per employee.

Art. 23a. [ Obligation to provide necessary reasonable improvements for a disabled person] 1. The employer shall be obliged to provide the necessary reasonable improvements for the disabled person with him in the employment relationship, involved in the recruitment process or training, traineeships, professional training or apprencillors ' apprals or alumni. The necessary reasonable improvements shall be to carry out the necessary changes or adjustments necessary for specific, notified employers of the needs arising from the person's disability, provided that such changes are carried out or the adjustments would not result in a disproportionate burden on the employer, subject to the provisions of paragraph 1. 2.

2. The loaders referred to in paragraph. 1, shall not be disproportionate if they are sufficiently compensated for by public funds.

3. Failure to make the necessary rational improvements referred to in the paragraph. 1, shall be deemed to be in breach of the principle of equal treatment in employment within the meaning of the provisions of Article 4 18 3a § 2-5 of the Act of 26 June 1974. -Labour Code.

Article 24. (repealed)

Article 25. (repealed)

Article 25a. [ Refund of contributions from the Fund] 1. The Fund shall reimburse:

(1) a disabled person performing the economic activity of compulsory contributions to the pension scheme up to the amount corresponding to the amount of the contribution, the amount of which is the amount referred to in Article 3 (1) of the basic Regulation. 18 (1) 8 and in Article 18a of the Act of 13 October 1998. o Social Security System (Dz. U. of 2016 r. items 963, 1247, 1579, 1807 and 1810), subject to the paragraph. 1a,

(2) a disabled farmer or a farmer obliged to pay contributions for a disabled household, social contributions for farmers-accident, sickness, maternity and pension-pension

-subject to the payment of such contributions in their entirety before the day on which the application is submitted.

1a. The refund referred to in paragraph 1 1 point 1 shall be entitled to:

1) 100% of the amount of compulsory contributions to the pension and disability insurance-in the case of persons who have been included in a significant degree of disability;

2) 60% of the amount of compulsory contributions to the pension and disability insurance-in the case of persons who are in a moderate degree of disability;

3) 30% of the amount of compulsory contributions to the pension and disability insurance-in the case of persons who are included in a light degree of disability.

2. The contributions referred to in paragraph. In accordance with Article 1 (1) (1), a disabled person performing an economic activity shall be calculated and paid under the terms laid down in the Act of 13 October 1998. the social security system.

3. The contributions referred to in paragraph. 1 point 2, a disabled farmer or a farmer liable for the payment of a disabled person's contribution, shall be calculated and paid under the conditions laid down in the Act of 20 December 1990. o social insurance of farmers (Dz. U. of 2016 r. items 277).

4. The refund referred to in paragraph 1 1, shall not be entitled if the contributions have been paid for failure to comply with the time limits laid down in Article 4 (1). 40 of the Act of 20 December 1990. about the social insurance of farmers or art. 47 of the Act of 13 October 1998. a social security system exceeding 14 days.

Article 25b. (repealed)

Article 25c. [ Application for payment of refunds on social security contributions] 1. A disabled person performing an economic activity shall submit to the Fund an application for payment of a refund of social security contributions for a given month.

2. Paragraph Recipe 1 shall apply mutatis mutandis to a disabled farmer or farmer liable to pay contributions for a disabled household, except that the farmer applies for payment of the reimbursement of contributions in the month following the month in which he/she has completed his/her payment of contributions for a given quarter.

3. (repealed)

4. A disabled person performing an economic activity, a disabled farmer or a farmer obliged to pay contributions for a disabled household, hereinafter referred to as the "applicant", submits an application for payment of a refund of contributions to insurance by electronic means of electronic transmission of data and by electronic means confirmation of the submitted application. The applicant may also submit a request in the form of a written document.

4a. An application for payment of reimbursement of social security contributions in the form of a printout from the IT software of the Social Insurance Institution, a disabled person performing an economic activity may draw up free of charge in the field an organizational unit of the Department, on the basis of data collected in the IT system of the Department.

5. Within 14 days from the date of receipt of the complete and duly completed application for payment of the refund of social security contributions, the Fund shall transfer to the applicant's bank account the amount of the refund of social security contributions in of the amount determined by mouth. 1, 4 and art. 25a and shall inform the applicant of the manner in which it is established, if this amount is different from the amount indicated in the application.

(5a) In the event of late payment by the Fund, the amount of the refund on social security contributions from the amount due shall be calculated on the basis of the amount determined as for tax arrears.

6. If the applicant holds an arrears in the commitments to the Fund exceeding the total amount of 100 PLN, the President of the Fund's Management Board shall issue a decision on the suspension of the refund of social security contributions until the settlement of the arrears by the applicant. The decision shall be made on the day of issue.

7. In the event of the applicant's failure to adjust the arrears to the Fund by 31 January of the year following the year for which the applicant is entitled to refund, the President of the Board of the Fund shall issue a decision on the refusal to pay the refund of premiums on social security for the period indicated in the decision referred to in paragraph 1. 6.

8. In the case where the amount of refund of social security contributions fixed by the Fund is different from the amount of the refund shown in the application, the President of the Fund's Management Board shall issue a decision of the amount of the refund, upon request made by the applicant, in within 14 days from the date of receipt of the information on the fixing of the amount of the refund.

9. (repealed)

10. (repealed)

11. Reimbursement of social security contributions shall be granted on the basis of the aid de minimis , as defined by the European Union law.

Article 25d. [ Scrutiny of the applicant in respect of refunds of social security contributions] 1. The President of the Management Board of the Fund may carry out checks of the applicant in respect of refund of social security contributions In the event of a finding as a result of the check of irregularities, the President of the Fund's Management Board shall issue a decision ordering the reimbursement of the paid refund of social security contributions in the area of identified irregularities.

2. From the decision of the President of the Board of Directors of the Fund referred to in paragraph. 1 and Art. 25c ust. 6-8, there is a reference to the minister responsible for social security.

3. In the event of the need for the checks referred to in paragraph. 1, the Fund may freely use the data collected by the Social Insurance Institution or the Agricultural Social Insurance Fund.

4. The Minister responsible for social security shall determine, by means of a regulation:

1. the detailed conditions of the granting and the procedure for the transfer of reimbursement of social security contributions,

2) the deadline for the submission, the model of the application referred to in art. 25c ust. 1, and a list of documents attached to the application,

3) the requirements that must be met by the applicant forwarding the documents in electronic form by teletransmission of data

-having regard to the need to ensure compliance with the principles of the principle of granting aid de minimis , the uniform conditions necessary for the correct transmission of the documents and for determining the extent of the data necessary for the assistance, as well as the rational management of the Fund's resources.

Article 26. [ Reimbursement of costs for the employer employing disabled persons] 1. Employer, who for a period of at least 36 months employs disabled persons fulfilling the conditions set out in the mouth. 2, may, at the request of the Fund, be reimbursed for reimbursement of:

1) the adaptation of the premises of the work plant to the needs of persons with disabilities, in particular incurred in connection with the adaptation of created or existing work positions for these persons, according to the needs resulting from their disability;

1a) (repealed)

(1b) adaptation or acquisition of facilities to facilitate a disabled person's work or work in the establishment of work;

1c) the purchase and authorization of software for the use of disabled workers and devices for assistive technologies or adapted to the needs arising from their disability;

2) the recognition by the occupational medicine services of the needs referred to in points 1 to 1c.

1a. The reimbursement of the costs referred to in paragraph 1. 1 and in Art. 26d, applies only to the additional employer's costs arising from the employment of disabled persons.

2. The reimbursement of costs concerns persons with disabilities:

1) unemployed or jobseekers who do not remain in employment;

2) remaining in employment with the employer requesting reimbursement, except in cases where the reason for the inception of the disability in the period of employment of the employer was failed by the employer or by an employee of the infringement rules, including provisions of labour law.

3. The reimbursement of expenses shall not exceed 20 times the average remuneration for each adapted position of the disabled person.

4. The reimbursement of costs shall be made by the starost under the terms and in the amount of the contract concluded with the employer, except that:

1. reimbursements shall not be subject to the costs referred to in paragraph 1. 1 points 1 to 1c, incurred by the employer before the date of signing the contract;

2) the amount of reimbursement of costs incurred in connection with the recognition of the needs of persons with disabilities must not exceed 15% of the costs associated with the adaptation of created or existing work stations to the needs of persons with disabilities.

5. Contracts with the employer, which is an old age, shall include the President of the Management Board of the Fund.

6. The cost of reimbursement is to obtain a positive opinion of the State Labour Inspectorate, issued at the request of the starost, on the adaptation or on the fulfilment of occupational safety and health conditions at the work station or premises of the plant the work referred to in paragraph 1. 1.

6a. (repealed)

7. If the period of employment of a disabled person is less than 36 months, the employer shall be obliged to reimburse the Fund by means of an old-age measure equal to 1/36 of the total amount of the refund for each month missing until the expiry of the period, o to the point of reference. 1, however, not less than 1/6 of that amount. The employer shall return within 3 months from the date of termination of the employment relationship with the disabled person.

8. The Employer shall not return the measures referred to in paragraph. 7 if, within 3 months from the date of termination of the employment relationship with a disabled person, another person with a disability, registered in the district labour office as unemployed or looking for a job not remaining in employment, with the the resulting interruption shall not be counted against the period referred to in paragraph 1. 1.

(9) The Minister responsible for social security shall determine, by way of regulation, the detailed conditions for the granting of the aid referred to in paragraph 1. 1-8 and in art. 26d, as well as the procedure and procedure for the granting of such aid, including the model application and the elements of the contract, the documentation necessary for reimbursement of costs and the manner and timing of the examination of the applications, with a view to ensuring the correct and smooth operation to provide assistance and reimbursement, including obtaining the information necessary to grant this aid and to reimburgo the costs.

Art. 26a. [ Monthly funding for the salary of a disabled worker] 1. Employers shall be entitled from the resources of the Fund a monthly grant for the remuneration of a disabled worker, provided that the employee is included in the records of employed persons with disabilities referred to in art. 26b (b) 1. The monthly financial contribution to the salary of a disabled worker, hereinafter referred to as the "monthly financial contribution", shall be entitled to:

1) 1800 PLN-in the case of persons with disabilities included in a significant degree of disability;

2) 1125 zł-in the case of persons with disabilities included in the moderate degree of disability;

3) 450 PLN-in the case of persons with disabilities included in the light degree of disability.

1a. [ 3] The monthly subsidy shall not be granted to an employer employing at least 25 employees per full working time and not reaching the employment rate for disabled persons of at least 6%.

1a 1 . The monthly funding shall not be eligible:

1) on workers included in the moderate or light degree of disability, who have a fixed right to a pension;

1a) [ 4] to remuneration paid after the date of submission of the application referred to in Article 26c (c) 1 point 2;

2) if the salary of a disabled employee has not been transferred to his or her bank account or account in a cooperative savings or credit cor, or at the address of that employee's residence, through legal persons presenters the activity in the field of the service of monetary amounts;

3) if the monthly wage costs were incurred by the employer with the abrogation of the terms, resulting from separate regulations, exceeding 14 days.

1b. The amounts referred to in paragraph 1. 1, increases by PLN 600 in the case of persons with disabilities, in relation to whom mental illness, mental impairment, overall developmental disorders or epilepsy and the blind have been diagnosed.

2. (repealed)

3. (repealed)

4. The amount of the monthly funding may not exceed 90% of the actual and timely incurred monthly wage costs, and in the case of an employer performing an economic activity, within the meaning of the provisions on proceedings in matters concerning public aid, hereinafter referred to as 'an employer performing an economic activity', 75% of those costs.

5. (repealed)

6. Monthly funding shall pay the Fund in proportion to the working time of the staff member, on the basis of the rules laid down in Article 4 (2) of the basic Regulation. 26b and 26c.

7. (repealed)

8. If the employer has an arrears in the liabilities to the Fund exceeding the total amount of 100 zlotys, the President of the Fund's Management Board shall issue a decision on the suspension of the monthly co-financing until the employer's arrears are settled. The decision shall be made on the day of issue.

9. In the event of the employer's failure to adjust the arrears to the Fund by 31 January of the year following the year for which the employer is entitled to monthly funding, the President of the Fund Board shall issue a decision on the refusal of the monthly payment the financing for the period indicated in the decision referred to in paragraph 1. 8.

9a. The President of the Board of the Fund shall issue a decision on the refusal of the monthly funding:

1) in the cases referred to in art. 48a ust. 3;

2) in the case of failure to meet the condition referred to in paragraph. 1a 1 points 2 or 3.

9b. The President of the Board of the Fund may carry out a check in the employer for confirmation of:

1) compliance with the facts of the data contained in the documents referred to in art. 26c (c) 1;

2) the economic situation of the employer performing the economic activity referred to in art. 48a ust. 3.

9c. In the case of the examination of the application for payment of the monthly payment, the time limit referred to in Article 4 (1) of the basic Regulation. 26c (c) 3, it shall be extended by the period necessary to carry out this proceeding, but not more than 14 days.

9d. In the event of a finding of irregularities as a result of the examination procedure referred to in paragraph 1. 9b, the provision of the paragraph shall apply. 10.

10. The President of the Management Board of the Fund may carry out the employer's checks in the scope of monthly funding, in particular concerning the compliance with the facts:

1) the data contained in the documents referred to in art. 26c (c) 1;

2) the amount of the monthly funding, including the amounts and dates of the monthly cost of the workers ' pay.

11. In the event of a finding of irregularities as a result of checks or analysis of documents collected by the Fund or data referred to in Article 49c, President of the Management Board of the Fund issues

1) a decision ordering the reimbursement of the disbursed grant in respect of the irregularities found;

2) the decision to withhold the financing until the reimbursement of the financial aid paid; the decision shall be executed on the date of issue.

12. From the decision of the President of the Board of Directors of the Fund referred to in paragraph. 8-9a and 11, there is a reference to the minister responsible for social security.

Art. 26b. [ The rules for granting monthly funding] 1. Monthly funding shall be entitled to persons with disabilities from the title of employment, included in the records of employed persons with disabilities, which is carried out by the Fund, using the PESEL number and transmitted electronically to the Fund information, subject to Article 26c (c) 1a.

2. Where a disabled person is employed with more than one employer in a working time not exceeding a total full working time, the monthly funding shall be granted to the employer for whom it is employed, in an amount proportional to the working time of that person.

2a. Where the person referred to in paragraph 2, is employed in a working time in excess of the full amount of working time, the monthly grant shall be allocated to that person in the amount not exceeding the amount of the monthly funding allocated to the person employed in full Working time dimension. The monthly funding in proportion to the working time of the person in the first instance shall be awarded to the employer who previously employed the person.

3. [ 5] For the establishment of the employment conditions of the employees and of the index referred to in Article 26a (a) 1, 1a and 1b, shall apply:

1. exemptions from the employment conditions laid down in the Article. 21 (1) 5;

2. Article 28 para. 3-in the case of the employer of the operator of the protected work plant.

4. If the employment of new disabled workers in a given month in an employer performing an economic activity does not result in this employer's net increase in employment, the monthly funding for the newly recruited employee the disabled is not entitled if the employment contract has been terminated as a result of the termination of a contract of employment with another employee, unless the contract has been terminated:

1) for the reasons set out in art. 52 § 1 point 1 of the Act of 26 June 1974. -Labour Code;

2) for the notice made by the employee;

3. by agreement of the parties;

(4) as a result of the employee's transition to an invalidity pension;

5) with the expiry of the time for which it was concluded;

6) on the date of completion of the work for which the performance was concluded.

5. If the conditions referred to in paragraph are not fulfilled. 4, monthly funding for a newly hired disabled worker shall be entitled where his/her place of work has been created as a result of:

1) the termination of the contract of employment;

2) reduce the employee's working time dimension-at his request.

The net increase in employment shall be determined in relation to the average total employment in the preceding 12 months.

6a. [ 6] The provisions of the paragraph 6 shall not apply in the case of a worker whose disability arose in the course of employment with the employer applying for a monthly grant.

(7) The monthly subsidy shall not be entitled to the remuneration of the staff member in part financed by public funds.

8. The provision of the paragraph. 7 shall not apply where the employer has financed the employee's salary:

1) from public funds from the business activities referred to in art. 5 par. 1 point 5,

2) from the public revenues referred to in art. 5 par. 2 point 3

-the Act of 27 August 2009. on public finances (Dz. U. of 2013 r. items 885, as late. zm.).

Art. 26c. [ Information and conclusions] 1. The Employer referred to in Art. 26a, shall submit to the Fund:

1) monthly information on wages, employment, degrees and the type of disability of disabled workers;

2) a request for payment of monthly funding for a given month.

3) (repealed)

1a. The information and request referred to in paragraph 1. 1, the employer shall transmit the data in the form of an electronic document by teletransmission of the data and shall receive by electronic means confirmation of the sent information or request. The employer may submit the information and the request also in the form of a written document.

1b. (repealed)

2. (repealed)

3. Within 25 days from the date of receipt of the complete and duly completed application for payment of the monthly financing, the Fund shall transfer to the bank account of the employer a monthly grant financing in the amount established on the basis of art. 26a and art. 26b and inform the employer of the manner in which it is to be determined if this amount is different from the amount indicated in the application.

3a. In the event of late payment by the Fund, the amount of monthly funding from the amount due shall accrue interest, in the amount determined as for the tax arrears.

4. In the case when the amount of the co-financing determined by the Fund is different from the amount of the co-financing shown in the application of the employer, the President of the Management Board of the Fund shall issue a decision on the amount of the co-financing, at the request of the employer filed within 14 days from the day to obtain information on the determination of the amount of the remuneration to be paid.

4a. (repealed)

4b. From the decision referred to in paragraph 1. 4, there shall be a reference to the Minister responsible for social security matters.

5. (repealed)

6. The Minister responsible for social security shall determine, by means of a regulation:

1. the detailed conditions of the granting and the procedure for the submission of the monthly funding,

2) the dates of submission, the models of information and the application referred to in the paragraph. 1, and a list of documents attached to the application,

3) the requirements that employers must meet by submitting documents in electronic form by teletransmission of data

-having regard to the need to ensure compliance with the conditions for the admissibility of public aid for employment as laid down in European Union law, to ensure uniform conditions for the correct transmission of documents, and to define the scope of the data necessary for the assistance, as well as the rational management of the Fund's resources.

Article 26c 1 . (repealed)

Art. 26d. [ Reimbursement of the monthly labour costs of employees helping a disabled employee at work] 1. Employer, who employs a disabled worker, may receive from the funds of the Fund a return:

1) the monthly labour costs of employees assisting a disabled worker at work,

2) the costs of training these employees

-in terms of facilitating the communication with the environment, as well as tasks that are not possible or difficult to carry out by a disabled worker at the workplace.

2. The amount of reimbursement of the monthly labour costs of employees assisting a disabled worker at work shall be the amount of the amount of the lowest remuneration and the ratio of the number of hours per month intended solely for the aid of the employee disability and the monthly number of hours of work of a disabled worker in a month, subject to the paragraph. 3.

2a. The reimbursement of the costs of training employees helping a disabled worker at work covers 100% of the training costs, not more than the equivalent of the amount of the lowest remuneration.

3. The number of hours devoted exclusively to the assistance of a disabled worker shall not exceed the number of hours corresponding to 20% of the number of hours of the employee's work per month.

4. Rules of Art. 26 par. 4-6 shall apply mutatis mutandis.

Art. 26e. [ Reimbursement of job equipment costs] 1. The employer who, for a period of at least 36 months, employs a disabled person registered in the district labour office as unemployed or looking for a job not remaining in employment, may receive, upon request, of the funds of the Fund reimbursement the cost of equipping the workplace up to a maximum of fifteen times the average wage.

2. The reimbursement of the costs referred to in paragraph. 1, shall be made old-age under the conditions and in the amount stipulated by the contract concluded with the employer, except that the reimbursements shall not be subject to the costs incurred before the date of conclusion of the contract.

3. Contracts with the employer, which is an old age, shall include the President of the Management Board of the Fund.

4. (repealed)

5. The cost of reimbursement referred to in paragraph. 1, is to obtain, issued at the request of the starost, positive opinion of the State Labour Inspectorate accordingly to adapt to the needs resulting from the disability of the person employed on the equipped job stand or on the fulfilment of conditions occupational safety and health at work in this post.

6. If the period of employment of a disabled person is less than 36 months, the employer shall be obliged to reimburse the Fund by means of an old-age measure equal to 1/36 of the total amount of the refund for each month missing until the expiry of the period, o to the point of reference. 1, however, not less than 1/6 of that amount. The employer shall return within 3 months from the date of termination of the employment relationship with the disabled person.

7. The Employer does not return the measures referred to in the paragraph. 5, if it employs within 3 months from the date of termination of the employment relationship with a disabled person another person with a disability, registered in the district labour office as unemployed or looking for a job and not staying in employment, with the resulting interruption shall not be counted against the period referred to in paragraph 1. 1.

8. The Minister responsible for social security shall determine, by means of a regulation:

1) the procedure for dealing with the cases referred to in paragraph. 1-6,

2) the model of the application and the elements of the contract and the documentation necessary for the reimbursement of the costs referred to in the paragraph. 1,

3) the manner and timing of the examination of the applications referred to in paragraph. 1,

4) forms of securing the refund of the received measures in case of failure to meet the terms of the contract concerning their

-with a view to increasing the level of employment of persons with disabilities, reimbursement of costs in accordance with the rules for granting aid under the de minimis rule and the rational management of the Fund's resources.

Art. 26f. (repealed)

Article 27. (repealed)

Chapter 6

Sheltered workshops and professional activity establishments

Article 28. [ Employer's employer status of the sheltered job] 1. Employer conducting business activity for a period of at least 12 months, employing not less than 25 employees per full time working time and achieving indicators of employment of persons with disabilities referred to in point 1, for a period of at least 6 months, shall be granted the status of employer of the operator of a protected work undertaking, if:

1. the employment rate for disabled persons shall be:

(a) at least 50%, and of which at least 20% of the total employed are persons who have a significant or moderate degree of disability, or

(b) at least 30% of the blind or mentally ill or mentally handicapped persons who have a significant or moderate degree of disability;

2) the premises and premises used by the work establishment:

(a) comply with the rules and rules on health and safety at work,

(b) take account of the needs of persons with disabilities in the adaptation of workstations, hygiene rooms and communication routes, and meet the requirements for accessibility to them,

and

3) is provided ad hoc and specialist medical care, counselling and rehabilitation services;

4) apply for the status of employer of the operator of the protected work plant.

1a. A social cooperative resulting from the transformation of a cooperative of invalids or non-domestic cooperatives having the status of employer of the operator of a protected work undertaking shall be granted the status of the employer of the operator of the protected work undertaking, if it occurs a request for such status within 3 months from the date of entry of that cooperative into the National Court Register.

2. Circumstances referred to in paragraph. 1 point 2, states at the request of the employer of the State Labour Inspectorate, except in the circumstances referred to in paragraph 1. 1 point 2 (a) b in relation to persons employed in the supervision and protection of property.

3. To the employees referred to in the paragraph. 1 point 1, shall be classified, subject to paragraph 1 (1). 4-6, also persons with disabilities performing an effort, if their remuneration has been fixed at least in the amount of:

(1) the lowest remuneration, in respect of contractors, for whom the work of an overlay is the sole source of subsistor;

2) half of the lowest remuneration-in relation to other economic operators.

4. The dimension of the working time of the employed referred to in paragraph. 3, it shall be determined as the ratio of the remuneration to be fixed and the lowest remuneration.

5. Maximum working time dimension established on the basis of the paragraph. 4 may not exceed one FTE.

6. Article Recipe 21 (1) 5 shall apply mutatis mutandis.

Article 29. [ Status of establishment of professional activity] 1. The municipality, the district and the foundation, association or other social organization, whose statutory task is the rehabilitation of occupational and social disabled persons, hereinafter referred to as the "organiser", can create an organised and financially separate an undertaking and obtain for that unit the status of a professional activity, if:

1) at least 70% of the total of persons employed in this unit are disabled persons, in particular addressed to the work by the district labour offices:

(a) qualifying for a significant degree of disability,

(b) classified as a moderate degree of disability with autism, mental impairment or mental illness, including those in respect of which the programme council referred to in Article 10a par. 4, took the position justifying the taking up of employment and continuing professional rehabilitation in the conditions of the protected work;

2) meets the conditions referred to in art. 28 para. 1 points 2 and 3;

3) allocate the income received to the establishment fund of activity;

4) will gain a positive opinion of the starost about the need to create an establishment of professional activity, except for the case when the organiser is the district.

1a. State of employment of persons with disabilities referred to in paragraph 1. 1 point 1 (b) shall not be higher than 35% of the total employed.

(b) the employment status as a basis for calculating the indicators referred to in paragraph 1. 1 point 1 and paragraph. The 1a shall be established in persons. The persons referred to in Article 4 shall not be included in the employment conditions. 21 (1) 5.

1c. The wojewoda, by decision, shall relieve for a fixed period of not more than three months, the organiser of a professional activity establishment from the fulfilment of the condition referred to in the paragraph. 1 point 1 (a) if the breach of that condition has occurred for reasons beyond the control of the employer and the competent district labour office may not direct the required number of persons with disabilities referred to in paragraph 1 (a). 1, to work in this plant.

2. (repealed)

3. Costs:

1. the establishment of occupational activity establishments shall be co-financed by the Fund, subject to Article 4 (1) of the EC 68c (c) 2 pt. 2, organiser and other sources; these establishments must not carry out the activities of producing the products of the fuel industry, tobacco, spirits, wine, beer, and other alcoholic products with a content of alcohol exceeding 1,5% and of precious metal products or of such metals or trade in such articles;

2. the activities of professional activity establishments shall be co-financed by the Fund, subject to the provisions of Article 4 (2) 68c (c) 2 point 1, and from the state government measures of at least 10%, with the fact that the percentage of local government participation in costs may be reduced, subject to finding other sources of financing the activity of the professional activity.

(3a) Refinancing from the Fund for the costs referred to in paragraph 1. 3, shall carry out the self-government of the voivodship under the conditions and in the amount of specified contract concluded with the entity referred to in paragraph 1.

3a 1 In the case of the expenditure of the share fund, not in accordance with the provisions of Article 4 (2) of the Regulation. 29 par. 4 or, in the event of failure to transfer unused funds of an activity fund to the separate bank account of that fund by 31 December of the year in which the funds are obtained, the employer shall be obliged to:

1) return 100% of the amount of these funds to the establishment activity fund, and

2) a payment of 30% of these funds to the Fund by the deadline of 20. on the day of the month following the month in which the disclosure of the share fund's share of the non-compliance with the provisions pursuant to Article 4 (1), respectively, was disclosed. 29 par. 4 or default to transfer unused funds of an activity fund to an isolated bank account.

3a 2 . The payment referred to in paragraph 1 shall be made. 3a 1 Point 2 shall not be charged to the establishment of the activity fund.

3a 3 ) The assets of the activity fund shall not be subject to judicial or administrative enforcement and shall not be incriminated in any way, except for the expenditure of that fund in the manner laid down in the implementing act adopted on the basis of Article 4 (1) of the Act of the European Union. 29 par. 4.

3b. In the event of liquidation or loss of the status of a professional activity, the deletion of the organizer from the records of the business activity or the National Court Register, the liquidation or bankruptcy of the organiser of the establishment of the professional activity of the public funds received for the establishment, unused resources of the Fund and unused on the date of the existence of any of these circumstances, the funds of the activity fund shall be subject to immediate payment to the Fund, subject to the provisions of the paragraph 3c.

3c. The payment to the Fund shall also be subject to an amount corresponding to the amount of the activity of the fund of activity for the acquisition, development or improvement of fixed assets in connection with the modernisation of the establishment, the establishment or adaptation of posts work for disabled persons-in part which has not been covered by depreciation, determined using the depreciation rates arising from the Demonstration Of Annual Depreciation on the Day of Existence of the circumstances referred to in paragraph 3b.

3d. The recipe of the mouth. 3b and 3c shall not apply where the winding-up of the establishment takes place in connection with the taking over of the establishment by another undertaking of professional activity, or by a merger with an occupational activity establishment, and the unused funds of the fund are transferred to the Up to 3 months on the establishment activity fund of the acquiring plant.

3e. In the case of transfer of the establishment of a professional activity, the assets, unused appropriations of the activity fund, receivables and liabilities of the professional activity centre, and receivables and obligations of the organiser of the establishment the professional activity associated with the establishment and conduct of the establishment takes over the new organiser of the professional activity establishment.

3f. Within 14 days from the date of the transfer of the establishment of the professional activity, the new organiser of the professional activity establishment shall apply to the decision to grant the establishment status of the professional activity to the establishment on the day of transfer. the establishment of this plant.

3g. In the event of failure to obtain the status of a profession of professional activity by a new organiser who has taken over the establishment of a professional activity, the amount constituting the value of the property of the professional activity of the fund financed by the Fund in part, which has not been covered by depreciation resulting from the demonstration of the annual depreciation rates at the acquisition date and the unused appropriations of the Fund, the appropriations provided for the establishment or operation of the professional activity and the measures in force they are transferred to the account of the share fund on behalf of the Fund.

3h. The new organiser of a professional activity establishment takes over the rights and obligations of the existing organiser resulting from the agreement on co-financing from the Fund of the costs of creation and operation of the acquired profession of professional activity on the day of take over.

4. The Minister responsible for social security shall determine, by means of a regulation:

1) the detailed way, the mode and conditions for the creation, financing and operation of professional activity establishments,

2) the working time and rehabilitation of persons included in a significant or moderate degree of disability,

3) how to create and use the share fund

-having regard to the uniform principles of the functioning of professional activity establishments.

Article 30. [ The granting of the status of a protected or professional activity establishment-the competence of the wojewater] 1. The decision on the granting of the status of a plant of protected work or an establishment of professional activity, confirming the fulfilment of the conditions referred to in art. 28 or 29, it seems like water.

2. The wojewater may, by decision, release for a limited period of time, however, not more than six months, the operator of a work plant protected from the fulfilment of the condition referred to in art. 28 para. 1 point 1 (a), if:

1) employs at least 60% of people with disabilities and

2. the competent district labour office may not direct the required number of persons with disabilities, who are in a significant or moderate degree of disability, who have the appropriate professional qualifications or are fit for retraining.

2a. The wojewoda may, by decision, exempt from the obligation to do business for the period of 12 months prior to the application for the status of a protected work plant or from the obligation to maintain the employment indicators of persons disabled, as defined in Article 28 para. 1 point 1, during the 6 months preceding the day of the application for the status of the employer of the protected work plant, which:

1) took over, together with all employees, the work plant protected in bankruptcy or in liquidation or threatened with liquidation or bankruptcy, with the exception of the acquisition made on the basis of the Commercial Companies Code or the Act of 16 September 1982. -Cooperative law (Dz. U. of 2016 r. items 21, 996 and 1250);

(1a) have taken over the employees of the sheltered work plant in connection with the division or acquisition of that plant or part thereof, or as a result of a change in the organisational and legal form of a natural person's establishment of a protected work undertaking;

2) he has taken over by donations from the person belonging to him to I of the tax group within the meaning of the tax regulations on inheritance and donations of a factory of protected work carried out by one or more natural persons.

2b. The Wojewoda may issue the decision referred to in the paragraph. 2a, where the employer:

1) maintain in the employment of seized workers with disabilities a work plant protected during the period of the year from the date of the decision, and

2) meets the other conditions referred to in art. 28, on the day on which the application for the status of the protected work plant was requested or documented to take over the establishment.

2ba. The provisions of the paragraph Paragraph 2b (1) shall not apply if the contracts for the employment of disabled workers have been terminated in the cases referred to in Article 4 (2) (b) of the Regulation. 26b (b) 4 points 1 to 6, and also in the event of termination of the contract of employment or reduction of the employee's working time at his request.

2c. The employer, in respect of which the wojewoda has taken the decision referred to in the paragraph. 3, may request the court to issue a decision on the granting of the status of a work plant protected with effect from the day of the refulfilment of the conditions referred to in art. 28 para. 1 points 1-3 and art. 33 (1) 1 or 3 paragraphs 1 and 2, if:

1. the employer shall, on the date of submission of the application, show:

(a) meeting the conditions referred to in Article 28 para. 1-3 and Art. 33 (1) 1 or 3 paragraphs 1 and 2, for the period from the day on which the conditions have been refulfilled until the day preceding the day on which the application is lodged,

(b) the recovery of the undue public aid received in connection with the legitimacy of the establishment of the protected work undertaking, with interest for the period from the date on which the decision referred to in paragraph 1 is determined. 3, the loss of status until the date of the refulfilment of the conditions referred to in art. 28 para. 1-3 and Art. 33 (1) 1 or 3 points 1 and 2;

2) the total period of non-compliance of the conditions referred to in art. 28 para. 1-3 and Art. 33 (1) 1 or 3, was not longer than 3 months;

(3) within the period referred to in point 2, the rate referred to in Article 3 (2). 28 para. 1 point 1, shall not be reduced by more than 20% of that index;

4) infringement of art. 28 para. 2 and 3 or art. 33 (1) 1 or 3 points 1 and 2 were not blatant.

3. The wojewoda shall make a decision declaring the loss of the granted status of a protected work plant or an establishment of professional activity in the event of non-compliance with the conditions or obligations referred to in art. 28 para. 1 points 1-3 or art. 33 (1) 1 or 3 point 1 or, as appropriate, 28 para. 1 points 1-3, art. 29 or Art. 30 par. 2b, on the date of cessation of the fulfilment of any of these conditions or obligations.

3a. From the decision of the voiwaters referred to in paragraph 1. 1-3, the employer is entitled to a reference to the Minister responsible for social security.

(b) The bodies referred to in paragraph 3 shall The 3a may carry out periodically, at least every two years, and ad hoc checks on the fulfilment of the conditions and obligations, taking into account the provisions of Article 4 (2) of the 28 and 29.

3c. The State Labour Inspectorate shall carry out, at least every three years, a check in the sheltered establishments and in establishments of professional activity in respect of compliance with the provisions of the Act, in particular the Art. 28 para. 1 point 2.

3d. The Wojewoda and the State Labour Inspectorate shall provide the Plenipotentiary with information on the results of the checks referred to in paragraph 1. 3b and 3c, carried out in a given calendar year, by the end of the first quarter of the year following the end of the first quarter.

4. The operator of a protected work establishment or a professional activity shall be obliged:

1. inform the water of any change concerning the fulfilment of the conditions and the fulfilment of the obligations referred to in Art. 28, art. 29 and art. 33 (1) 1 and 3, within 14 days from the date of such change;

2) provide half-yearly information about the fulfilment of these conditions.

5. The Minister responsible for social security shall determine, by means of a regulation, the model of the information referred to in paragraph 1. 4, and the manner in which it is presented.

6. The Wojewoda shall be obliged to submit to the Plenipotentiary a summary of the half-yearly information concerning the decisions issued and the state of employment in the sheltered establishments and occupational activity establishments, within the time limits:

1. by 20 August, for the first half of the year;

2) by 20 February-for the second half-year.

7. At the request of the Plenipotentiary of the voyewater it shall be obliged to provide information concerning the issued decisions referred to in the paragraph. 1-3, within the scope and time limit indicated in the request. That period shall not be less than 30 days from the date of service of the application.

8. The Minister responsible for social security shall determine, by means of a regulation, the model of the information referred to in paragraph 1. 6, and the manner in which they are to be transmitted, with a view to ensuring that this information is transmitted smoothing and timely.

Article 31. [ Exemptions from taxes and levies of the operator of a protected work or an establishment of professional activity] 1. The operator of a protected work establishment fulfilling the condition referred to in art. 28 para. 1 point 1 (b), or a professional activity in relation to that establishment, shall be exempt from:

1) taxes, subject to the paragraph. 2, except that:

(a) in real estate, agricultural and forestry taxes-under the rules laid down in the separate rules,

(b) from a civil-law tax, where the act by which it is carried out remains in direct connection with the establishment of the establishment;

2) charges, with the exception of the stamp duty and the charges of a sanction character.

2. The exemption referred to in paragraph 2. 1 point 1, not applicable:

1. game tax;

2) tax on goods and services and excise duty;

3. customs duties;

4) income taxes;

5) tax on transport equipment.

3. The operator of a protected work establishment complying with the condition referred to in art. 28 para. Article 1 (1) (b) shall transmit the following measures:

(1) for the exemptions referred to in paragraph 1. 1, for:

(a) the Fund-10%,

(b) the establishment of a fund for the rehabilitation of disabled persons-90%.

2) (repealed)

4. The operator of a professional activity shall transfer the funds obtained from the exemptions referred to in paragraph 1. 1, and the proceeds from the income related to the conduct of business activity on the establishment activity fund.

5. List of levies of the sanction referred to in paragraph. Article 1 (2) will determine, by way of regulation, the Minister responsible for public finances in agreement with the Minister responsible for social security, taking into account the nature of the charges to be excluded.

Article 32. [ Grants and reimbursement to the employer of the operator of the sheltered work facility] 1. The employer of the operator of a protected work facility may, upon request, receive from the resources of the Fund:

1) a subsidy of up to 50% of the borrowing of bank loans, subject to the use of these loans for the purposes of occupational and social rehabilitation of disabled persons;

2. reimbursement of costs:

(a) the construction or reconstruction associated with the modernization of plant premises and premises,

(b) transport,

(c) administrative.

2. The reimbursement of the costs referred to in paragraph. 1 point 2:

1) concerns only the additional costs of the employer resulting from the employment of disabled persons;

2) may be granted to the employer of the operator of a protected work establishment whose employment rate for disabled persons is at least 50%.

3. The Minister responsible for social security shall determine, by means of a regulation, the detailed conditions for the grant of financing and reimbursement of the costs referred to in paragraph 1. (1) the procedure for dealing with such matters, including time limits for the submission and processing of applications, the manner and mode of drawing up of the information on the use of the funds, with a view to ensuring the efficiency of the aid granted, compliance with the conditions of admissibility public aid, as defined by European Union law, ensuring uniform conditions necessary for the correct transmission of documents and defining the scope of the data necessary for the granting of assistance, as well as the rational management of the documents concerned. the Fund.

Article 32a. [ Aid to the employer of the operator of the sheltered job] The Fund shall, on the basis of a contract concluded with the employer of the operator of the protected work undertaking, grant the employer of the aid referred to in Article 4. 32 par. 1.

Article 33. [ Works Fund for the Rehabilitation of Persons with Disabilities] 1. The operator of the protected work establishment shall establish a establishment fund for rehabilitation of disabled persons, hereinafter referred to as the "rehabilitative fund".

2. The rehabilitation fund shall be created in particular:

1. from the measures referred to in Article 31 par. 3 point 1 (b)

2) on the part of the advances on personal income tax, in accordance with the separate provisions, with the fact that on the day of obtaining these measures, the day of payment of the remuneration shall be considered;

3) from the proceeds of records and donations;

4) with interest on the funds collected in the account of the rehabilitation fund;

5. from the proceeds from the disposal of fixed assets purchased from the fund, in the non-amortised part.

3. The employer of the operator of the protected work shall be obliged to:

1) keeping records of funds of the rehabilitation fund;

2) keeping the clearing bank account of funds of this fund;

(2a) to disburse funds of this fund exclusively from the bank account of the funds of that fund, subject to paragraph. 3a;

3. the transfer of funds of the rehabilitation fund to the account referred to in point 2 within 7 days from the day on which the funds were obtained;

4) dedication of at least 15% of the funds of the rehabilitation fund to individual rehabilitation programmes;

5) to allocate at least 10% of the funds of the rehabilitation fund to individual aid for disabled workers and former non-working disabled workers of the facility.

3a. Measures of the establishment of the rehabilitation fund may be paid from the bank account of the funds of this fund, to the coffers of the establishment of a rehabilitation fund for the purpose of their payment to disabled persons and to persons entitled to individual aid from the funds this fund.

3b. The resources of the establishment of the rehabilitation fund shall not be subject to judicial or administrative enforcement and shall not be charged in any way, subject to the provisions of the paragraph. 4.

4. Measures of the rehabilitation fund shall be devoted to the financing of occupational, social and medical rehabilitation, including individual rehabilitation programs of disabled persons developed by the employers appointed rehabilitation commissions and the insurance of persons with disabilities, in accordance with the establishment rules for the use of these funds.

4a. In the case of non-conformity. 4 purpose of the funds of the rehabilitation fund, the employer shall be obliged to make:

1) return 100% of the amount of these funds to the rehabilitation fund, and

2) a payment of 30% of these funds to the Fund by the deadline of 20. on the day of the month following the month in which the non-compliant rehabilitation fund measures were disclosed and the time limit referred to in paragraph (1) was not received. 3 point 3.

4a 1 On a par with the unconforming of the mouth. 4 purpose of the rehabilitation fund shall be treated not to create a rehabilitation fund, not to keep records of funds of the rehabilitation fund or not to carry out a bank account of funds of this fund, including that the amount of the payment referred to in paragraph Paragraph 4a, point 2, shall be equal to 30% of the amount of the rehabilitation fund set under the paragraph. 1-3.

4a 2 On a par with the unconforming of the mouth. The funds allocated to the rehabilitation fund shall be treated as a means of failure to transfer funds to the fund. The provisions of the paragraph 4a shall apply mutatis mutandis.

4b. The payment referred to in paragraph 1 shall be paid. Paragraph 4a, point 2, does not charge a rehabilitation fund.

4c. Obtained in a given calendar year the funds of the rehabilitation fund from the exemptions referred to in art. 31 par. 1, and the amounts of collected advances on income tax on the natural persons referred to in paragraph 1. Article 2 (2), which has not been used by 31 December of the following year, shall be included in the Fund.

5. Employers operating a protected work facility may collect up to 10% of the funds of the rehabilitation fund for the implementation of common tasks in accordance with the Act.

6. Control of the correct implementation of the provisions of the paragraph. 1-4a is carried out by the competent field of tax offices.

7. In the event of liquidation, bankruptcy or deletion from the records of the business activity carried out by the employer of the establishment of the protected work plant or the loss of the status of the protected work plant not used as at the date of liquidation, bankruptcy or the loss of the status of the work plant protected by the funds of the rehabilitation fund are subject to immediate payment to the Fund, subject to the paragraph. 7a and 7b.

7a. The payment to the Fund shall also be subject to an amount corresponding to the amount of the rehabilitation fund spent on the acquisition, the creation or improvement of fixed assets in connection with the modernisation of the establishment, the creation or adaptation of jobs for the persons with disabilities, construction or extension of rehabilitation, leisure and social bases and for the purchase of means of transport-in part which has not been covered by depreciation charges, fixed by the application of the depreciation rates resulting from the from the list of annual depreciation rates for the day of the existence the circumstances referred to in paragraph 1. 7.

7b. In the event of a loss of the status of a protected work plant and a total employment status of at least 15 workers per full working time and the employment rate of disabled persons of at least 25%, the employer retains the rehabilitation fund and the unused funds of the fund.

7c. (repealed)

7d. (repealed)

8. The provision of the paragraph. 7. shall not apply where the winding up of the establishment is due to the acquisition of the establishment by another establishment of the protected operation or as a result of a merger with such establishment and the unused funds of the fund are transferred within 3 months to the rehabilitation fund of the facility acquiring the liquidated plant.

8a. In the cases referred to in art. 30 in the mouth. Paragraph 2a shall apply. 8, except that the funds of the rehabilitation fund are subject to:

1) the division between the employer referred to in art. 30 par. 2a, point 1a, and the employer of the status of the protected work plant which has remained at the disposal of the fund, in proportion to the percentage of the employment status of the employees who have been taken over by disabled workers. protected by the employment status of disabled workers of the employer so far legitimized by the status of a protected work facility, calculated on the basis of the full working time, by the state at the date of the division or disposal of the sheltered establishment or parts thereof, and

2. the transfer to the Fund by means of the payment referred to in Article 33 (1) 7, in the amount representing the difference between the amount of funds of the rehabilitating fund of the employer so far legitimized by the status of the protected work plant at the date of the division or disposal of the part or the whole of the sheltered work plant and the sum of the quotas by individual employer based on point 1

-within 3 months of the date on which the division or disposal of the protected work plant or parts thereof has been made.

9. The dissponsor of the rehabilitation fund or the establishment fund of activity is the employer.

10. The operator of a protected work facility may grant, from the means of the rehabilitation fund, assistance to disabled persons who have been disabled to former employees of the facility, for purposes related to the rehabilitation of the medical and social services.

11. The Minister responsible for social security in agreement with the Minister responsible for public finance and the minister responsible for health shall determine, by means of a regulation:

1) types of expenditure from the funds of the rehabilitation fund, including under the de minimis rule,

2) conditions for the use of funds of the rehabilitation fund,

3) the scope, conditions and forms of granting individual aid,

(4) the procedure for establishing the rules of procedure for the use of those measures

5) the conditions for the creation of individual rehabilitation programmes, including the composition and scope of the rehabilitation commission creating these programmes

-having regard to the proper use of the funds of this fund.

Art 33a. [ Adequate application of the law] The provisions of Article 4 33 shall apply to the employers referred to in Article. 33 (1) 7b.

Chapter 7

Tasks and organisation of services for the benefit of disabled persons

Article 34. [ Attorney Supervision] 1. The execution of the tasks under the Act shall be supervised by the Secretary of State in office serving the Minister responsible for social security.

2. The supervision referred to in paragraph 2. 1, is executed by:

1) coordination of the implementation of the tasks resulting from the Act;

2) initiating or carrying out audits of the implementation of tasks resulting from the Act.

3. The coordination referred to in paragraph 1. Article 2 (1) is to:

1) the request from the entities of information, documents and periodic reports concerning the executed tasks specified in the Act;

2) organising trainings and conferences;

3) providing information in matters of professional and social rehabilitation and hiring of persons with disabilities;

4) devising standards for the implementation of tasks defined in the Act;

5) the implementation of the tasks resulting from the government programmes referred to in the paragraph. 6 point 2;

6. implementation of actions aimed at reducing the effects of disability and barriers, making it difficult for people with disabilities to function in society.

4. Initiation of the control referred to in paragraph. Article 2, point 2, concerns:

1) actions for the implementation of the rights of persons with disabilities;

2) the implementation of the tasks defined in the Act;

3) the fulfilment of the employers ' conditions as laid down in the Article. 28 para. 1, art. 29, art. 30 par. 2b and art. 33.

5. The Plenipotentiary may carry out a check within the scope specified in the paragraph. 4.

6. The tasks of the Plenipotentiary shall also be:

1) the development and opinion of draft normative acts concerning employment, rehabilitation and living conditions of persons with disabilities;

2) develop projects of government programs dealing with solving the problems of people with disabilities;

3) setting assumptions to the annual financial and financial plans for the implementation of the tasks resulting from the Act;

4) initiating actions aimed at reducing the effects of disability and barriers hindering people with disabilities functioning in society;

5) cooperation with non-governmental organizations and foundations working for the benefit of persons with disabilities.

7. The tasks resulting from the Act implement the bodies of government administration, the bodies of local government units and the Fund.

8. The Plenipotentiary shall appoint and dismiss the President of the Council of Ministers, at the request of the Minister responsible for social security.

(9) The Minister responsible for social security shall determine, by means of a regulation, the mode and manner of checks carried out by the authorities empowered to check on the basis of art. 6c par. 2 points 1 and 2, art. 22a, art. 25d ust. 1, art. 26a (a) 10, art. 30 par. 3b and Article 34 par. 5, taking into account the need to ensure a uniform control procedure and the proper conduct of controls.

10. The Plenipotentiary shall perform his duties with the assistance of the Office of the Plenipotentiary, which constitutes an isolated organisational cell in the office serving the Minister responsible for Social Security matters.

Article 35. [ Tasks of the self-government of the voivodship under the Act] 1. The tasks of the self-government of the voivodship implemented within the Act shall be:

1) the development and implementation of the voivodship programmes for the equalisation of the opportunities of persons with disabilities and countering their social exclusion and assistance in the implementation of tasks for the employment of disabled persons;

2) (repealed)

3. the development and presentation of information to the Plenipotentiary of the activities carried out;

4) (repealed)

5) co-financing of works within the meaning of the provisions of the Act of 7 July 1994. -Building law (Dz. U. of 2016 r. items 290, 961, 1165 and 1250), concerning rehabilitation facilities, in relation to the needs of disabled persons, except for demolition of these facilities;

6. to finance the costs of the creation and operation of professional activity establishments;

7) cooperation with the authorities of government administration and the counties and municipalities in carrying out the tasks resulting from the Act;

8) cooperation with non-governmental organizations and foundations working for the benefit of persons with disabilities;

9) the opinion of the application for entry in the register referred to in art. 10d par. 2.

2. The Sejmik of the voivodship in the form of a resolution shall specify the tasks for which it allocates the measures specified in Art. 48 (1) 1 point 1.

3. The Minister responsible for Social Security shall determine, by means of the regulation, the task of the self-government of the voivodship, which may be subsidised from the Fund's resources and the conditions and modalities of the co-financing of the works referred to in the paragraph. 1 point 5, with a view to the need to carry out tasks for the benefit of disabled persons.

Article 35a. [ Welcome Tasks] 1. The tasks of the county shall be:

1) development and implementation, in accordance with the district strategy on solving social problems, district action programmes for people with disabilities in the scope of:

(a) social rehabilitation,

(b) occupational rehabilitation and employment,

(c) compliance with the rights of persons

2) cooperation with the institutions of government and self-government administration in the development and implementation of the programmes referred to in point 1;

3) making available for the purposes of the Plenipotentiary and the Self-Government of the voivodship and the transfer of the competent water bodies adopted by the district council of the programmes referred to in point 1, and the annual information from their implementation;

4) take action to reduce the impact of disability;

5) developing and presenting plans of tasks and information from the conducted business and making them available for the needs of the voivodship's self-government;

6) cooperation with non-governmental organizations and foundations working for the benefit of persons with disabilities in the scope of social and professional rehabilitation of these persons;

6a) financing from the Fund for expenditure on labour market instruments or services as defined in the Promotion Act, with regard to persons with disabilities registered as jobseekers not remaining in employment;

7. co-financing:

(a) the participation of persons with disabilities and their carers in rehabilitation turnate,

(b) sport, culture, recreation and tourism of disabled persons,

(c) supplies of rehabilitation equipment, orthopaedic items and support measures granted to disabled persons on the basis of separate provisions,

d) the liquidation of architectural barriers, in communication and technical, in connection with the individual needs of people with disabilities,

(e) rehabilitation of children and young people,

(f) the services of a sign language interpreter or a translator-guide;

8) to finance the costs of the creation and operation of the occupancy therapy workshops;

(9) work intermediation and vocational counselling for the disabled, their training and retraining; 9a) the granting of the measures referred to in Article 4 (1) (a). 12a;

9b) the implementation of the tasks referred to in art. 26, art. 26d and art. 26e;

9c) outsourcing of tasks in accordance with art. 36;

10) directing persons with disabilities, who require a specialist program of training and rehabilitation of medical and social services, to a specialist training and rehabilitation centre or other training facility;

11. cooperation with the pension authorities in the area resulting from separate regulations;

12) organizational-legal and economic advice on economic or agricultural activities undertaken by persons with disabilities;

13) cooperation with the appropriate field of labour inspectorate in the field of evaluation and control of the workplaces of persons with disabilities.

2. The tasks referred to in paragraph 2. 1:

1. in point 1 (c) a and c, point 6 and point 9c in the part concerning social rehabilitation of disabled persons as well as in points 4, 5, 7 and 8-are carried out by the district aid centres of the family;

2. in point 1 (c) b and c, point 6 and point 9c in the part concerning the professional rehabilitation of disabled persons, as well as in points 9-9b and 10-13-are carried out by the district labour offices.

3. The Council of the County Council in the form of a resolution shall specify the tasks for which the resources referred to in Article 4 are to be allocated. 48 (1) 1 point 1.

4. The Minister responsible for social security shall determine, by means of a regulation, the types of tasks referred to in paragraph 1. 1 which may be financed by the Fund, taking into account, in particular, the requirements to be met by the entities applying for the financing of those tasks, and the procedure and rules for their financing from the Fund.

Article 35b. (repealed)

Article 35c. [ Financial and Financial Statements] 1. Governments of the voivodships and management boards shall submit to the President of the Management Board of the Fund a financial and financial report on the tasks carried out from the Fund of funds received from the Fund.

2. (repealed)

Article 36. [ Executing tasks on behalf of the Fund by foundations and non-governmental organisations] 1. The tasks in the field of occupational and social rehabilitation of persons with disabilities may be carried out on behalf of the Fund by foundations and non-governmental organizations.

2. The tasks referred to in paragraph 2. 1, may be carried out from Fund resources by foundations and non-governmental organizations also on the order of the self-government of the voivodship or district.

3. To commission the tasks referred to in paragraph 3. 1 and 2, the provisions of the Law of 24 April 2003 shall apply accordingly. about the activity of the public benefit and about the volunteer.

4. The Minister responsible for Social Security shall determine, by means of a regulation, the types of tasks for the rehabilitation of occupational and social handicapped persons, who may be commissioned by foundations and non-governmental organisations, with the aim of To ensure the implementation of the needs of disabled

Chapter 8

Training of persons with disabilities

Article 37. [ Training of disabled persons] The training of disabled persons is carried out in non-school forms in order to learn the profession, to reclassify or to increase the qualifications.

Article 38. [ Initiation and organization of training for unemployed persons with disabilities] 1. The Head of the District Labour Office initiates and organizes training for the unemployed persons with disabilities or other persons with disabilities looking for work and not staying in employment, and registered at the district labour office, in order to to increase their employability, to increase their existing professional qualifications or to increase their professional activity, and in particular in the event of:

1) lack of professional qualifications;

2) the need to change qualifications in relation to the lack of proposals for adequate employment;

3) loss of ability to work in the hitherto performed profession.

2. The training referred to in paragraph 2. Persons with disabilities, who are in the period of termination of employment contracts for reasons of non-employment, may also be covered by the contract.

Article 38a. (repealed)

Article 39. [ Training locations for disabled persons] 1. Training of persons with disabilities can take place:

1) in training establishments;

2) in specialised training and rehabilitation centres, hereinafter referred to as "specialist centres", which provide the conditions for the implementation of the tasks set out in the paragraph. 3.

2. Specialized centres are created and liquidated by the Marshal of the voivodship in consultation with the Plenipotentiary. The provincial government may commission other entities of the task referred to in paragraph. 3.

3. The tasks of a specialist centre shall be:

1) conduct the training of persons who, due to disability, have obstructed or prevented access to the use of training in other facilities;

2) determining the psychophysical fitness of a person in relation to the requirements of the different professions;

3) determine, by the application of appropriate efficiency tests and practical tests, the ability and capacity to develop the person's ability;

4) provide participants with accommodation training, nutrition, teaching aids, and medical care and rehabilitation services.

4. The costs of setting up, operating and carrying out tasks of the specialised centre should be covered by the Fund's resources.

5. The Minister responsible for social security shall determine, by means of a regulation, the means of creating, operating and financing specialised centres, as well as the outsourcing of tasks referred to in paragraph. 3, and the mode of supervision of their activities.

Article 40. [ Directing a disabled person for training] 1. The Head of the District Labour Office shall direct the disabled person as referred to in art. 38, for training:

1) on its own initiative or on the basis of a decision of the competent authority;

(2) indicated by that person, if it is likely that the training will ensure that the work is achieved and at least one of the conditions set out in the Article is fulfilled. 38; the cost of this training may not exceed 10 times the average salary.

2. Training costs shall include in particular:

(1) the pre-agreed duty of the training unit;

2) the cost of insurance against unfortunate accidents;

(3) the cost of accommodation and meals in part or in full;

4) the cost of the journey to the training, including the cost of the journey of a guide or a carer of a person who is classified as a significant degree of disability;

5) the cost of the interpreter services of sign language or reading for the blind or the person accompanying a person with a disability, who is a person who is a person who is a person who is physically disabled;

6) the cost of necessary medical examinations, psychological, diagnostic and rehabilitation services.

3. Training lasts no longer than 36 months.

4. Training costs shall be financed by the Fund.

5. A disabled person who has not completed his own fault training shall be obliged to reimburte his or her expenses, unless the reason for not completing the training was to take up employment.

Article 41. [ Training of disabled persons by the employer] 1. Training of persons with disabilities can be organised also by the employer.

2. At the request of the employer the costs incurred by him of the training of employed persons with disabilities may be refunded by the Fund up to 70% of these costs, not more than up to twice the average remuneration for one person.

3. The reimbursement of the costs referred to in paragraph. 2, makes an old age on the terms and in the amount specified in the contract concluded with the employer. The reimbursement shall not be subject to the costs incurred by the employer before the date of signing the contract.

4. (repealed)

(5) The Minister responsible for social security shall determine, by means of a regulation, the conditions and the procedure for the reimbursement of training costs, with a view to ensuring the effectiveness of the aid to be granted and the correct making of refunds. under the conditions of admissibility of the training aid.

Article 41a. [ Information on training course] 1. Training facilities and specialist centres and employers conducting trainings shall send half-yearly information about the course of trainings to the local authorities.

2. The information referred to in paragraph. 1, it shall be transmitted, at its request, to the district manager of the office of work, who has directed the person with a disability for training.

Chapter 9

National Consultative Council for Persons with Disabilities

Article 42. [ National Consultative Council for the Affairs of Persons with Disabilities] 1. The National Consultative Board for Persons with Disabilities, hereinafter referred to as "the Council", shall be established.

2. The Council shall be the opinion-advisory body of the Plenipotentiary.

3. The scope of the Council's action shall be:

1. presentation to the Plenipotentiary:

(a) proposals for the integration of persons with disabilities,

(b) proposals for solutions to meet the needs of disabled persons, resulting from disability,

(c) opinions on the documents to be submitted to the Council by the Plenipotentiary, including projects:

-legal acts which have or may have an impact on the situation of persons with disabilities, financial plans and accounts of the Fund,

-government action programmes for the benefit of disabled people and information on their implementation,

(d) annual information on the Council's activities,

(e) opinions on standards relating to the implementation of the tasks set out in the Act;

2) to signal to the relevant authorities the need to issue or amend the provisions concerning the situation of persons with disabilities.

4. The term of expression by the Council of opinion shall be 30 days from the date of service of the documents referred to in paragraph. 3 point 1 lit. c. In justified cases, at the request of the Plenipotentiary, this deadline may be reduced.

5. The term of office of the Council shall be 4 years.

6. The elected member of the Council, representing the non-governmental organisations referred to in art. 43 par. Article 1 (1) (c) may act as a member of the Council for no longer than two terms of office of the Council.

Article 43. [ Council Organization] 1. The Council shall consist of:

1) five representatives of the government administration bodies, including one representative of the minister competent for public finance affairs;

2) five representatives of local government units;

3) representatives of non-governmental organizations, including:

a) after one representative of each employer organization, representative within the meaning of the Act of 24 July 2015. about the Social Dialogue Council and other institutions of social dialogue (Dz. U. Entry 1240), hereinafter referred to as the "Social Dialogue Council Act",

(b) one representative of each trade union organisation, representative within the meaning of the Law on Social Dialogue Council,

(c) 20 representatives of non-governmental organisations other than those mentioned in (c). a and b, as well as associations and agreements of non-governmental organisations active in the benefit of disabled persons.

2. Where, during the term of office of the Council, the employers ' organisation or trade union organization becomes a representative organisation within the meaning of the Act on Social Dialogue Council, a representative of that organisation shall be part of the Council.

3. The members of the Council shall appoint the Minister responsible for social security at the request of the Plenipotentiary, with the appointment of members of the Council representing:

1) the units of local government are followed from among the persons reported by the local government in the Commission of the Joint Government and Local Government;

(2) the non-governmental organisations referred to in paragraph 2. 1 point 3 (a) a and b, follows from among the persons reported by these organisations;

3) non-governmental organizations, unions and agreements of NGOs referred to in paragraph. 1 point 3 (c) shall be followed from among candidates, each of which has the support of at least 15 non-governmental organisations active in favour of persons with disabilities or at least 3 associations and agreements of organisations associating at least 5 organisations Non-governmental organisations for the benefit of disabled people

4. The Minister responsible for social security may cancel the member of the Council before the end of the term of office:

1) at his request;

2) at the request of the body or body represented by him;

3) in the case of sentencing a member of the Council by a final sentence for a deliberate offence;

(4) if he has become permanently incapable of carrying out his duties as a member of the Council because of the illness found by the medical certificate;

5. in the case of an unjustified absence at three successive meetings of the Council.

5. Meetings of the Council shall be convened by the Plenipotentiary.

Article 44. [ Attendance at Council] 1. Expenditure related to the operation of the Council shall be financed from the resources of the Office serving the Minister responsible for social security.

2. The employer shall be obliged to dismiss the employee from work in order to attend the meetings of the Council. At the time of the exemption, the staff member shall retain the right to remuneration determined in accordance with the rules applicable to the calculation of the cash equivalent for holiday leave. The costs of remuneration borne by the employer shall be reimbursed by the resources of the Office serving the Minister responsible for social security.

2a. Members of the Council shall be entitled to reimbursement of travel expenses, under the conditions laid down in the provisions adopted on the basis of art. 77 5 § 2 of the Act of 26 June 1974. -Labour Code, from the resources of the Office serving the Minister responsible for Social Security.

3. The Minister responsible for social security shall determine, by means of regulations, the procedure for appointing the members of the Council, the organisation and mode of action of the Council and the rules for participation in its work of representatives of public administration bodies, non-governmental organisations not represented in the Council and representatives of the voivodship and district councils, taking into account the need to ensure the representativeness of groups of persons with different types of disabilities and the deadlines for submitting candidates to members The Council, with a view to ensuring the smooth functioning of the Council and the fulfilment of the obligations arising from the Act.

Article 44a. [ Provincial Social Councils for Persons with Disabilities] 1. The Marshal of voivodships shall form the social councils of the councils for disabled persons, hereinafter referred to as "voivodship councils", which are advisory and advisory bodies.

2. The scope of the provincial councils shall be:

1) to inspire actions aimed at:

(a) occupational and social integration of persons with disabilities,

(b) the implementation of the rights of

2) opinion of the projects of the voivodship actions programmes for the benefit of disabled persons;

3. evaluation of the implementation of programmes;

4) the opinion of draft resolutions and programmes adopted by the state's seismics in terms of their effects on persons with disabilities.

Article 44b. [ Social councils councils for disabled persons] 1. In the old age, the social councils for disabled people, hereinafter referred to as "county councils", are set up as opinion-consultancy bodies.

2. To the extent of the counties of the councils shall be:

1) to inspire actions aimed at:

(a) occupational and social integration of persons with disabilities,

(b) the implementation of the rights of

2) the opinion of the district projects of the action programmes for the benefit of disabled persons;

3. evaluation of the implementation of programmes;

4) the opinion of draft resolutions and programmes adopted by the district council in terms of their effects on persons with disabilities.

Article 44c. [ Organization and functioning of voivodship and district councils] 1. The Provincial Council consists of 7 persons appointed from among the representatives of the non-governmental organisations, foundations and representatives of the voivodship and local government units (powiats and gminas).

2. The district councils shall consist of 5 persons, appointed from among representatives operating in the area of a given district of non-governmental organizations, foundations and representatives of local government units (powiats and municipalities).

3. The members of the provincial councils shall appoint and refer to the Marshal of the Province, and the members of the counties of the councils-starosta, among the candidates declared by the organizations and bodies referred to respectively in the paragraph. 1 and 2.

4. the Council, referred to in paragraph 4. 1 and 2, they shall elect a Chairperson from among their members.

5. A member of the Board may be cancelled:

1) at its request;

2) at the request of the organization or body which has notified his candidacy;

3) at the request of the Marshal or the starost, after consulting the organization or the body that notified his candidacy.

6. The tenure of the councils lasts 4 years.

7. The Minister responsible for social security shall determine, by means of regulations, the organisation and mode of operation of the voivodship and district councils, including the way of appointing and cancelling the members of the councils and the frequency of meetings, with a view to ensuring that the tasks are properly performed by those councils.

8. The employer shall be obliged to dismiss the employee from work in order to take part in the meetings of the Board. At the time of release, the staff member shall retain the right to remuneration determined in accordance with the rules applicable to the calculation of the pay for leave

9. At the request of the members of the council residing outside the venue of the council may be financed, respectively from the budget of the self-government of the voivodship and the county, the costs of the journeys under the conditions stipulated in the provisions issued on the basis of art. 77 5 § 2 of the Act of 26 June 1974. -Labour Code and expert costs related to the implementation of the tasks of the provincial and district councils.

Article 44d. [ Council Competence] 1. The Council may:

1) appoint experts;

2) invite to participate in its meetings representatives of public administration bodies and non-governmental organizations not represented in the Council, as well as representatives of the voivodship and district councils;

3) order the carrying out of the research and the development of the expert reports related to the implementation of its tasks, after obtaining the consent of the Plenipotentiary.

2. Provisions on the reimbursement of travel expenses referred to in art. 44 par. 2a, shall apply accordingly to experts, representatives of non-governmental organizations not presented in the Council, as well as representatives of the voivodship and district councils.

Chapter 10

State Fund for the Rehabilitation of Persons with Disabilities

Article 45. [ State Fund for the Rehabilitation of Persons with Disabilities] 1. The Fund is a state special-purpose fund, within the meaning of the provisions on public finances, subject to the paragraph. 2a.

2. The Fund shall have legal personality.

2a. The Fund shall not apply the provisions of Article 3. 29 par. 3 and 4 of the Act of 27 August 2009. on public finances.

3. The Fund shall apply the accounting rules specified for the entities referred to in art. 2. 1 point 1 of the Act of 29 September 1994. of accounting (Dz. U. of 2016 r. items 1047).

3a. When considering and disposing of cases by the Fund, in an unregulated area in separate regulations, the provisions of the Code of Administrative Procedure shall apply.

4. The supervision of the Fund shall be exercised by the Minister responsible for Social Security, who, at the request of the President of the Fund's Management Board, after obtaining a positive opinion of the Plenipotentiary, approves the statute specifying the organization, detailed rules and mode of action The fund, including its bodies.

Article 46. [ Fund Revenues] The revenue of the Fund shall be:

1) the payment of employers referred to in art. 21 (1) 1, art. 23 and Art. 31 par. 3 point 1;

(2) grants from the State budget and other grants and subsidies;

3) declines, records and donations;

4) voluntary employers ' payments;

5) income from borrowing rates and free funds transferred in accordance with the provisions on public finance;

6) income from business activities;

7) the payments referred to in Article 12a ust. 2, art. 26 par. 7, art. 26e par. 6, repayment of loans granted from the Fund for the commencement of an economic or agricultural activity, together with interest rates, and reimbursements of funds collected by employers from the Fund for the training of a disabled person, which for reasons concerning employers will not be employed in accordance with the direction of training or will be employed for less than 24 months, along with interest, as well as reimbursements of measures taken by employers from the Fund to cover 60% of the person's salary disabled before tax on income tax and 60% of its compulsory contributions to social insurance against this remuneration, which, for reasons relating to the employer, will be employed for less than 12 months, including interest;

8) dividends;

(8a) interest on the measures referred to in Article 48 (1) 1;

9) other contributions.

Article 46a. [ Subsidies for customs purposes] 1. The Fund shall receive customs subsidies from the state budget:

1) to the task referred to in art. 26a-up to 30% of the appropriations planned for the implementation of this task for the year in question;

1a) (repealed)

2) to the task referred to in art. 47 para. 2-50% of the municipal income foregone for the application of statutory redundancies referred to in art. 31 par. 1 point 1.

2. The amounts of the grants referred to in paragraph 2. 1, shall be determined and accounted for in accordance with the rules adopted in the budget of the State.

3. The grants referred to in paragraph 1, shall be provided in accordance with the rules laid down in the separate provisions by the Minister responsible for public finance, in such a way as to enable full and timely execution of the task.

Article 47. [ Purpose of the Fund's resources] 1. The Fund's resources, up to 30% of expenditure, shall be allocated to:

1) implementation of measures to compensate for differences between regions, in particular in local government units, where the unemployment rate is higher than 110% of the average unemployment rate in the country or a workshop therapy workshop has not been created or an establishment of professional activity;

1a) tasks in the field of occupational and social rehabilitation of persons with disabilities implemented by foundations and non-governmental organizations;

2. the implementation of the programmes supported by the European Union assistance measures for the handicapped of the implementation of the year in question;

3) subsidise the tasks resulting from government programmes, including the development of human resources and counteract the social exclusion of people with disabilities, as well as assistance to families whose members are disabled;

4) programs approved by the Supervisory Board, for social and professional rehabilitation, in particular addressed to persons with disabilities and to families whose members are disabled persons;

5) tasks other than those mentioned in the Act:

(a) financing in part or all of the research, expertise and studies in the field of occupational and social rehabilitation,

(b) the training referred to in Article 4. 18 of the Act of 19 August 2011. about sign language and other means of communication (Dz. U. Entry 1243, of 2012 items 986 and 2016 items 1336).

1a. For the purpose of carrying out the tasks referred to in paragraph 1. 1 point 2, the Fund may:

1) provide the institution implementing measures for the implementation of projects for the benefit of persons with disabilities-on the basis of the contract, which may be concluded for a period longer than a year;

(2) grant grants, loans and finance interest on loans granted to the project promoters for the implementation of the programmes, in accordance with an agreement specifying, in particular, the conditions for the use of these forms of assistance, concluded with the programme's operators.

(2) The Fund shall also allocate funds to compensate municipalities for income lost as a result of the application of the statutory exemptions referred to in Article 3 (2) of the EFF. 31 par. 1 point 1, in the amount of income foregone.

2a. The Municipality shall submit to the Fund an application for payment of an amount which compensates for the revenue forfeit of the exemption on the following dates:

1) by 31 July of the tax year-showing the anticipated annual effects of the exemptions, resulting from the decisions, made of civil-law activities in the form of notarial acts and tax declarations and information for a given tax year, by state on the day of 30 June of the fiscal year for which the application is made;

2) by 25 March of the year following the tax year-showing the actual annual effects of the exemptions, resulting from the decisions, made of civil-law acts in the form of notarial acts, and tax declarations and information for a given tax year, as at 31 December of the tax year for which the application is made.

2b. In the event of failure to apply the application referred to in paragraph 2. 2a point 2, the municipality shall return to the Fund the funds received in the application referred to in paragraph 2. 2a point 1, with interest accrued from that amount, from the date of its receipt, in the amount determined as for tax arrears, within 3 months from the date of expiry of the time limit until the date of submission of the application referred to in paragraph. 2a (2).

3. (repealed)

4. (repealed)

5. The donations made from the Fund's resources to the person with a disability for the purposes resulting from the Act shall not be subject to tax on inheritance and donations.

6. (repealed)

7. The Minister responsible for Social Security, in consultation with the Minister responsible for public finance, after consulting the Commission of the Joint Government and the Local Government, will determine, by way of regulation, detailed rules the calculation and the transfer procedure for the municipalities of the special-purpose subsidy referred to in paragraph 1. 2, taking into account the conclusions of the municipalities, containing data on the annual results of the application of the exemptions referred to in Article 3. 31 par. Article 1 (1), with a view to compensating for the municipalities lost income.

Article 48. [ Transmission of Fund resources] 1. Fund resources shall be transferred by the President of the Management Board of this Fund:

1) the voivodship and district authorities to carry out specific tasks or types of tasks, on the extracted bank account-by algorithm;

2) entities carrying out tasks commissioned by the Fund or other tasks resulting from the Act-on the basis of the agreements concluded with them.

1a. (repealed)

2. The Council of Ministers shall determine, by means of a regulation, the algorithm referred to in paragraph. 1, as well as the rules for the fixing of the maximum amounts of the commitments for payment for the year in question. The algorithm project is subject to an opinion by the local government of the Joint Government and Local Government Commission.

3. The algorithm referred to in paragraph. 1, should take into account, in particular, the number of inhabitants, the number of people with disabilities and the number of participants of the functional class therapy workshops in the district and the amount provided for in the Fund's financial plan for a given year for implementation by task authorities, the amount of the commitments financed by the Fund for the execution of contracts concluded by 31 December of the year preceding the year for which the amount of the appropriations is calculated.

Art. 48a. [ Purpose of the Fund's resources-prohibitions] (1) The Fund's resources may not be allocated to the objectives, tasks and expenses in which they are financed under the aid granted from other public funds.

2. Measures of the Fund allocated to employers performing business activities on the basis of art. 26, art. 26a, art. 26d and art. 32 par. 1 point 2 constitute aid for the employment of disabled workers within the meaning of Commission Regulation (EU) No 651/2014 of 17 June 2014 (1). recognising certain types of aid as compatible with the internal market in application of Article 107 and 108 of the Treaty (Dz. Urz. EU L 187, 26.06.2014, p. 1).

(3) Aid from the Fund may not be granted or paid to an employer carrying out an economic activity:

1) which is in a difficult economic situation according to the criteria set out in the European Union's legislation on public aid; [ 7]

2) on which the obligation to reimbursing the aid, resulting from previous decisions of the European Commission, declaring the aid illegal and incompatible with the common market;

(3) if the provision of aid in the form of monthly compensation for remuneration would result in an annual increase of EUR 10 million for the employment of disabled workers in that employer.

Article 49. [ Contributions] 1. To the payments referred to in Art. 21 (1) 1, art. 22b, art. 23, art. 29 par. 3a 1 , 3b, 3c and 3g, art. 31 par. 3 point 1 letter a, art. 33 (1) 4a, 4a 1 , 4c, 7 and 7a, and art. 38 par. 2 point 1 (c) a first indent of the Law of 26 July 1991. o Income tax on individuals (Dz. U. 2012 r. items 361, of late. zm.) shall apply mutatis mutandis, subject to paragraph. 5a-5d and art. 49a and art. 49b, the provisions of the Tax Ordinance, with the fact that the powers of the tax authorities as defined in this Act are entitled to the President of the Fund's Management Board.

2. Employers shall make the payments referred to in paragraph. 1, by the deadline of 20 the following month following the month in which the circumstances giving rise to the payment obligation arise, while at the same time submitting the monthly and annual declarations by teletransmissions of the data in the form of a document to the Fund's Management Board Electronic means by means of a regulation, by means of a regulation, by the Minister responsible for social security.

3. The execution of the payments referred to in paragraph. 1, the provisions on enforcement proceedings in the administration shall be applied, except that the title of enforcement shall be issued by the President of the Management Board of the Fund.

4. From the decision of the President of the Management Board of the Fund for the payments referred to in the paragraph. 1, the employer shall have recourse to the Minister responsible for social security matters.

5. (repealed)

5a. The payment of contributions, interest on arrears or the payment of the fee may be redeemed in whole or in part by decision of the President of the Board of the Fund only in the event of their total irrevocability.

5b. The total irrecoverable amount referred to in paragraph 5. 5a, in the cases referred to in Article 5. 67d Tax Ordinance.

5c. President of the Management Board of the Fund, by decision, at the request of the employer, in the case justified by an important interest of the employer or the public interest may:

1) postpone the term of payment of receivables or distribute their payment to installments,

2) postpone payment due date for payment, interest on late payment or spread of payment to installments

-having regard to the employer's payment capacity and the financial position of the Fund.

5d. In the case of the decision referred to in paragraph. 5c, the fee shall be calculated on the basis of the rules laid down in the Tax Ordinance.

6. The Minister responsible for social security, in agreement with the Minister responsible for communication, may, by regulation, specify the model form of the cash payment and the transfer order with a view to establishing the identity of the person concerned. the payer and the title of the undertaking

Article 49a. [ Receivables for payments] 1. The President of the Management Board of the Fund shall have the right to apply for the establishment of a perpetual book for the property of the debtor outstanding with the payment of the payment of the payments referred to in art. 49 (1) 1.

2. Issued by the President of the Fund's Board of documents determining the existence of receivables due to the payments referred to in art. 49 (1) 1, and their amount shall be the basis for the entry of the mortgage in the book of perpetual property constituting the property of the obliged. If the immovable property does not hold a perpetual book, the security shall be effected by submitting those documents to a set of documents.

3. Receivables arising from the payments referred to in Article 49 (1) 1, shall be collateralised by compulsory mortgage on all property of the debtor. The basis for the establishment of the mortgage shall be served on the basis of the decision determining the amount of the payment for the payments referred to in Article 4. 49 (1) 1.

4. To the mortgage referred to in paragraph. 3, the provisions of the Tax Ordinance concerning a compulsory mortgage shall apply accordingly.

Article 49b. [ Securing claims for payments by statutory pledge on movable and negotiable rights of the debtor] 1. Receivables arising from the payments referred to in Article 49 (1) 1, shall be secured by statutory pledge on the movable and negotiable rights of the debtor.

2. To the pledge referred to in paragraph. 1, the provisions of the Tax Ordinance on Treasury pledges shall apply accordingly.

3. The pledge referred to in paragraph. 1, shall be entered in the register of treasury pledges maintained on the basis of art. 43 Tax law.

4. An extract from the register of pledges referred to in art. 46 § 1 Tax Ordinance, is issued at the request of the President of the Management Board of the Fund free of charge.

Art. 49c. [ Usage of data] The Fund shall be entitled to free use of the data collected:

1) in the Central Register of Entities-National Taxpayer Records;

2) in the National Official Register of the entities of the national economy (REGON) conducted by the President of the Central Statistical Office;

3) by the Social Insurance Institution;

4) in the Central Base of RCIPESEL.

Art. 49d. [ Semi-annual information about employers exempt from payment to the Fund or obliged to those contributions] 1. The President of the Management Board of the Fund shall be obliged to submit to the Plenipotentiary half-yearly information about the employers exempt from the payment to the Fund or obliged to those withdrawals, within the time limits:

1. by 15 August, for the first half of the year;

2) by 15 February-for the second half year of the previous year.

2. The President of the Management Board of the Fund shall be obliged to provide, at the request of the Plenipotentiary, information about the employers obliged to submit the information referred to in art. 21 (1) 2f, or the declarations referred to in art. 49 (1) 2, within the scope and time indicated in the request. That period shall not be less than 30 days from the date of service of the application.

3. The Minister responsible for social security shall determine, by means of a regulation, the models of the information referred to in paragraph 1. 1, and the way in which they are transmitted, with a view to ensuring the correct flow of information.

Art. 49e. [ Reimbursement of Fund resources] 1. The funds of the Fund shall be repaid in the amount used for the misuse, collected at excessive amounts or determined as a result of checks on the irregularities found, determined by the decision ordering the reimbursement of the funds paid measures with interest accrued from that amount, from the date of its receipt, in the amount specified as for tax arrears.

2. The return referred to in paragraph 1, shall take place within 3 months from the date of receipt of the call for payment or disclosure of the circumstances causing the repayment obligation.

3. If the Fund's resources have been paid at a lower amount than the amount due, the amount constituting the difference between the amount due and the amount paid, shall be paid together with interest in the amount determined as for tax arrears within 3 months of the day the submission of a request for payment of that amount or disclosure of the circumstances causing it to be disburse.

4. The percentage shall not be calculated where the circumstances giving effect to the repayment or payment of the funds were independent of the obligation to pay.

(5) The remission shall not be waived in accordance with the procedure referred to in Article 5. 49f ust. Article 1 (1) (1), unless an inspection has been found to be incompatible with the right to remission.

Art. 49f. [ Redemption, payment on instalments or deferral of payment of monetary claims] 1. At the request of the debtor or the party of the contract, the subject of which involves the implementation of expenditure from the Fund, the bodies and entities set up to conclude such contracts may:

1) waive in part or in full the pecuniary receivables of a civil-law nature, by decision, subject to the paragraph. 2 and 3, or

2) spread over the instalments the repayment of these receivables or postpone their payment, by contract

-where justified by an important interest in the debtor, the public interest, economic or social considerations, or other reasons which deserve to be taken into account, in particular in the event of total irrevocability within the meaning of the Article. 49 (1) 5b.

2. In the case of the redemption of receivables resulting from the agreements referred to in the paragraph 1, to which the conclusion of the Fund is to be concluded, shall be issued by the President of the Management Board of the Fund.

3. In the case of the death of the receivables resulting from the agreements referred to in paragraph 1, to which the appointed director of the district labour office was appointed, or the head of the county business unit, the decision on the redemption issue shall be issued by the starost.

3a. The provisions of the paragraph. 1 and 2 shall apply mutatis mutandis to the payment of funds for the reimbursement of funds granted to a disabled person performing an economic activity or a disabled farmer or a farmer liable for the payment of contributions for A disabled home based on the basis of art. 25a.

3b. The paragraph rule. Article 1 (1) shall apply mutatis mutandis to the interest on unduly collected amounts under Article 1. 26a, on condition that the principal amount is repaid, not later than the date specified in the Article. 49e ust. 2.

3c. Paragraph Recipe 1 point 2 shall apply mutatis mutandis to the cash receivables relating to the reimbursement of the subsidy to the remuneration of disabled workers granted under the Article. 26a.

3d. Spread the repayment of the monetary claims referred to in paragraph 1. 3c, or postponement of their payment may take place once. The total period of payment of the claim may not be more than ten years from the date of conclusion of the contract referred to in paragraph 1. 1 point 2.

3e. From monetary claims which have been distributed or deferred for payment, no interest shall be calculated on the delay starting from the day following the date of the application referred to in paragraph 1. 1.

3f. In the cases referred to in paragraph. 1 point 2, a fee equal to the sum of 200% of the basic interest rate of the lombard loan, determined in accordance with the provisions of the National Bank of Poland, and 2%, with the fact that this rate may not be less than 8%, nor on the borrowing rate, shall be set the obligor could obtain on market terms.

3g. In the event of failure to comply with any of the time limits for payment of the duties set out in the contract, the contract shall be terminated and the charge shall be immediately due, together with interest accrued in the amount specified as for tax arrears.

3h. Rules of Art. 25c ust. 6 and Article 26a (a) 8 shall not apply during the period of validity of the agreements referred to in paragraph 1. 1 point 2, however, no longer than the day preceding the day of the formation of further arrears in respect of the Fund exceeding the total amount of 100 PLN.

4. Rules of Art. 67b and art. 67d § 1 and 2 of the Tax Ordinance shall apply mutatis mutandis.

Article 50. [ The Fund's bodies] 1. The Organs of the Fund shall be the Supervisory Board and the Management Board.

2. The Supervisory Board shall consist of:

1) the President of the Supervisory Board, which is the Plenipotentiary;

(1a) a representative of the Minister responsible for public finance;

2) representatives of non-governmental organizations, including:

a) one representative of each employer organization, representative within the meaning of the Act on the Social Dialogue Council,

(b) one representative of each trade union organisation, representative within the meaning of the Law on Social Dialogue Council,

(c) two representatives other than those mentioned in (c). a and b non-governmental organisations.

2a. Where, during the term of office of the Council, the employers ' organisation or trade union organisation becomes a representative organisation within the meaning of the Act on Social Dialogue Council, the representative of that organisation shall be part of the Council.

3. Members of the Supervisory Board shall appoint at the request of the Plenipotentiary, and in the case of the representatives referred to in the paragraph. 2 point 2, at the request of the competent organisations, the Minister responsible for social security.

4. The Minister of the competent social security affairs may cancel a member of the Supervisory Board before the end of the term of office:

1) at his request;

2) at the request of the represented entity;

3) at the request of the Plenipotentiary, opinionated by the represented entity.

5. The term of office of the Supervisory Board lasts 2 years.

6. The tasks of the Supervisory Board shall be in particular:

1) approval of the activity plans and the draft financial plan of the Fund;

2) to give an opinion on the criteria for selection of projects financed by the Fund, in accordance with the guidelines of the policy of hiring, occupational rehabilitation and social rehabilitation of disabled persons, as defined by the Plenipotentiary;

3) approval of the Management Board's conclusions in matters of borrowing by the Fund of loans;

4) (repealed)

5) the opinion of the proposals on the appointment and cancellation of each of the deputies of the President of the Management Board;

6) making the audit and evaluation activities of the Management Board;

7) approval of the annual accounts of the Fund;

8. submission of the Minister for Social Security, by the date of 20 March each year, of the Fund's activities.

7. Service of the Supervisory Board shall be exercised by the Fund's Office.

8. The Minister responsible for social security shall determine, by way of regulation, detailed rules and mode of appointment and dismissal of the members of the Supervisory Board, as well as detailed rules of the operation of the Supervisory Board and the training of its members, and the amount of their remuneration for participation in meetings of the Council.

Article 51. [ The Board of Directors] 1. The Management Board of the Fund shall be composed of the Chairman of the Board of the Fund, hereinafter referred to as the President, and two of his deputies. The President shall be appointed by the President of the Council of Ministers, from among persons selected by means of an open and competitive recruitment, at the request of the Minister responsible for social security. The President shall refer the President.

1a. (repealed)

2. Substitutes of the President, at the request of the President, appointed by the Supervisory Board, shall be appointed by the Minister responsible for social security, from among persons selected on the way of an open and competitive recruitment. The Minister responsible for Social Security is cancelling the President's deputies, at the request of the President, who has been given an opinion on the Supervisory Board.

3. The tasks of the Management Board shall be in particular:

1) develop draft plans for the activities of the Fund and the draft financial plan;

2. making the selection of projects to be financed by the Fund;

(3) the management of the Fund's resources;

4) develop detailed rules for financing the implementation of the tasks referred to in the Act;

5) taking decisions on the posturing of the term of repayments and the redemption of loans;

6) exercise control over the use of resources of the Fund transferred to the implementation of the tasks defined by the Act;

7) (repealed)

8) (repealed)

9. cooperation with non-governmental organisations;

10) submission to the Supervisory Board of reports on the activities of the Fund.

3a. The Management Board of the Fund shall agree with the Minister responsible for regional development projects of the Fund's plans of operation and the draft financial plan referred to in paragraph 1. 3 point 1, in the mode specified in the law of 12 May 2000. on the principles of promoting regional development (Dz. U. Entry 550, with late. zm.) [ 8] .

3b. The tasks of the Executive Board referred to in paragraph 3. Points 2 and 4 do not apply to the measures referred to in Article 3 (2) and (4). 48 (1) 1 point 1.

3c. The Management Board of the Fund may require the immediate reimbursement of all or part of the appropriations for the Fund, or suspend the payment of further amounts if, during the course of the financial year, the checks referred to in paragraph 1 have been carried out by the Fund. In accordance with Article 3 (3) of the EFF, an irregularity is identified by the use of the funds transferred from the Fund.

3d. The rules on public finances are used to assess the correctness of the use of the Fund's resources.

3e. The Management Board of the Fund may allocate the funds not provided or returned as referred to in paragraph. 3c, after obtaining a positive opinion of the Supervisory Board of the Fund and the Minister responsible for Social Security matters.

3f. The Minister responsible for social security shall determine, by means of a regulation, the procedure and rules for the exercise by the Fund of scrutiny referred to in paragraph 1. 3 point 6.

4. The Management Board shall make available to the Supervisory Board, upon its request, documents and materials concerning the activities of the Fund.

5. Service of the Management Board shall be exercised by the Fund.

Article 51a. [ Position of the President] 1. The position of the President may occupant a person who:

1) holds a master's professional title or equivalent;

2) is a Polish citizen;

3) benefit from full public rights;

4) she was not convicted of a final sentence for a deliberate offense or a deliberate treasury offence;

5) has managerial competence;

6) have at least 6-year-old work placer, including at least 3-year-old seniority in the managerial position;

7) has an education and knowledge in the scope of matters belonging to the Fund's properties.

2. Information on the position of the President shall be announced by placing the advertisement in a place which is widely available at the premises of the Fund and in the Public Information Bulletin, as referred to in the Act of 6 September 2001. on access to public information (Dz. U. of 2015 items 2058 and from 2016. items 34, 352 and 996), and the Public Information Bulletin of the Chancellery of the Prime Minister. The notice shall include:

1. the name and address of the Fund;

2. determination of the position;

3) requirements related to the position resulting from the provisions of law;

4) the scope of the tasks performed on the post;

5) an indication of the required documents;

6) deadline and place of submission of documents;

7. information on the methods and techniques of recruitment.

3. The term referred to in paragraph 2 point 6, shall not be less than 10 days from the date of publication of the notice in the Information Bulletin of the Public Chancellery of the Prime Minister.

4. The recruitment of the position of the President shall be carried out by the Minister appointed by the Minister responsible for Social Security, numbering at least 3 persons whose knowledge and experience give a guarantee of the selection of the best candidates. In the course of the selection, the applicant shall assess the applicant's professional experience, the knowledge necessary to carry out his duties as a recruitment, and the managerial competence.

5. Evaluation of the knowledge and managerial competence referred to in paragraph. 4, may be made on the order of the team by a non-member of the team who has the appropriate qualifications to make this assessment.

6. Member of the team and the person referred to in paragraph. 5, they have the obligation to keep in secret information concerning the applicants for the post obtained during the recruitment process.

7. In the course of the selection, the panel will emerges no more than 3 candidates, which are presented by the Minister responsible for Social Security Affairs.

8. The team shall draw up a protocol of the following:

1. the name and address of the Fund;

2) determining the position for which the recruitment was conducted, and the number of candidates;

3) forenames, surnames and addresses of no more than 3 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the borderline;

4. information on the methods and techniques used for the recruitment;

5) justification of the choice made or the reasons for the nominee's failure;

6) composition of the team.

9. The result of the recruitment shall be announced immediately by the inclusion of the information in the public information bulletins referred to in paragraph 1. 2. Information on the result of the recruitment shall include:

1. the name and address of the Fund;

2) determination of the position for which the recruitment was conducted;

3) forenames, the names of the selected candidates and their place of residence within the meaning of the provisions of the Civil Code or information about the failure of the candidate.

10. Setting up in the Public Information Bulletin of the Chancellery of the Prime Minister of the Council of Ministers announcement of the recruitment and the result of this recruitment is free of charge.

11. The team carrying out the recruitment for the position of the Deputy President shall be appointed by the President.

(12) The manner in which the appointment is carried out as a Deputy President shall apply mutatis mutandis. 1-10.

Article 52. [ Fund Branches] 1. The Management Board of the Fund may create and endure branches of the Fund and determines the scope and area of their operation.

2. The Director shall appoint and dismiss the President of the Management Board.

Article 53. [ Chairman of the Board] 1. The President of the Management Board shall represent the Fund outside.

2. The President may appoint the representatives of the Management Board, establishing the limits of their consolidation.

3. To make statements on the rights and obligations of the assets of the Fund shall be authorized:

1) the President or any of his deputies themselves;

2) two representatives acting together.

4. The President shall act as an employer in the field of labour law in relation to the employees of the Fund.

Article 53a. [ Recruitment of candidates for employment in the Fund's office] 1. The recruitment of candidates for employment on vacant posts in the office of the Fund shall be open and competitive.

2. The notice of the establishment shall be published in the Public Information Bulletin, as referred to in the Act of 6 September 2001. on access to public information, and in a place widely available in the organisational unit in which the recruitment is carried out.

Article 53b. [ Information on candidates] Information on candidates who have made reference to recruitment shall constitute public information within the scope of the requirements set out in the notice of recruitment.

Article 53c. [ Deadline for submission of documents] The time limit for the submission of documents, as specified in the notice of appointment, shall not be less than 14 days from the date of publication of this notice in the Public Information Bulletin.

Article 53d. [ Disseminating the list of candidates] 1. After the expiry of the time limit for the submission of the documents specified in the notice of recruitment, the list of candidates who meet the formal requirements specified in the notice of recruitment shall be disseminated without delay, by placing it in a widely available place in the organisational unit in which the recruitment is carried out, and by publishing it in the Public Information Bulletin.

2. The list referred to in paragraph. 1, contains the name of the candidate and his/her place of residence within the meaning of the provisions of the Civil Code.

Art. 53e. [ Recruitment of candidates for employment in the Fund] 1. A record of the recruitment of candidates for job vacancies in the Fund shall be drawn up.

2. The Protocol shall include in particular:

1) determining the position of the work for which the recruitment was conducted, the number of candidates and the names, surnames and addresses of no more than 5 of the best candidates ranked according to the level of meeting the requirements laid down in the announcement of the appointment;

2. information on the methods and techniques used for the recruitment;

3) justification of the choice made.

Article 53f. [ Dissemination of information on the result of recruitment] 1. Information on the result of recruitment shall be disseminated within 14 days from the date of employment of the selected candidate or termination of the recruitment, where no candidate has been employed in his result.

2. The information referred to in paragraph 1. 1, contains:

1. the name and address of the office;

2) determine the position of the work;

3) the name of the candidate and his place of residence within the meaning of the provisions of the Civil Code;

4) justification of the choice made by the candidate or justification for the non-employment of any candidate.

3. Information on the result of recruitment shall be disseminated in the Public Information Bulletin and in a place which is widely available in the organisational unit where the recruitment was conducted.

Article 53g. [ Recruitment of another person] If the employment relationship of a person who has been chosen by recruitment has ceased within three months of the date of establishment of the employment relationship, another person may be recruited from among the best candidates listed in the minutes of the recruitment. The provisions of Article 4 53f shall apply mutatis mutandis.

Article 54. [ Purpose of the Fund's resources] The resources of the Fund shall be covered by:

1) the costs of its activities;

2) (repealed)

3) the costs of servicing the tasks carried out by the county and voivodship authorities in the amount actually incurred, not more than 2,5% of the funds used for the implementation of the tasks referred to in art. 48 (1) 1 point 1.

Article 55. (repealed)

Article 56. [ Information on the activities of the Fund] The Minister responsible for Social Security shall report annually to the Council of Ministers on the activities of the Fund.

Chapter 10a

Liability for transgressions against the provisions of the Act

Article 56a. [ Failure to comply with the obligation to provide information] Who fails to comply with the obligation to submit the information referred to in art. 21 (1) 2f, or the declarations referred to in art. 49 (1) 2, shall be punished by the fine up to 500 PLN.

Article 56b. [ Foiling or obstructing the inspection and reporting of untrue data] Who:

1) thwart or obstructs the carrying out of the inspection,

2) report untrue data or give untrue explanations or refuses to give them

-shall be punished by the fine up to 5000 PLN

Article 56c. [ Application of the Code of Conduct on Offense Cases] 1. Orzecking in cases of the acts referred to in art. 56a and art. 56b, is in accordance with the provisions of the Act of 24 August 2001. -Code of Conduct on Offences (Dz. U. of 2016 r. items 1713).

2. The punishable and enforced fines of fines referred to in art. 56a and art. 56b, the courts shall transfer directly to the account of the Fund.

Chapter 11

Amendments to the provisions in force, transitional and final provisions

Article 57. (bypassed)

Article 58. (bypassed)

Article 59. (bypassed)

Article 60. (bypassed)

Article 61. (bypassed)

Article 62. [ Passing to a group of invalids and disability] 1. Persons who before the date of entry into force of the Act were included in one of the groups of invalids, are persons with disabilities within the meaning of the Act, if before that date the decision to count on one of the groups of invalids has not lost power.

2. The judgment of the counting to:

1) and the groups of invalids shall be treated equally with a judgment of a significant degree of disability;

2. The second group of invalids shall be treated equally with a judgment of a moderate disability;

3. The third group of invalids shall be treated equally with a judgment of a slight degree of disability.

3. Persons with permanent or long-term incapacity for work on a holding shall be considered as handicapped, with the following:

(1) persons who are entitled to a nursing allowance shall be regarded as qualifying for a significant degree of disability;

2) other persons shall be treated as being included in the light degree of disability.

Article 63. [ Right to benefits or ultras] Persons with disabilities referred to in art. 62 which prior to the date of entry into force of the Act acquired the right to benefits or relief on the basis of separate provisions, retain the existing powers.

Article 64. (repealed)

Article 65. (repealed)

Article 66. [ Application of the Code of Administrative Procedure, Civil Code and Labour Code] The Code of Administrative Procedure, the Civil Code and the Labour Code shall apply in matters not covered by the law.

Article 67. [ Transitional provision] Cases which have been initiated and not completed before the entry into force of the Act shall be subject to recognition under the provisions of that Law.

Article 68. (bypassed)

Article 68a. (bypassed)

Article 68b. (bypassed)

Article 68c. [ Maximum funding from the Fund's resources] 1. Maximum funding from the Fund's resources:

1) activities, including those resulting from the increased number of participants in the workshop therapy workshop, shall be:

(a) in 2007. -95% of these costs,

(b) in 2008. and in the following years, 90% of these costs;

(c) (repealed)

2) the creation of a seized therapy workshop is in 2005. and the next years-70% of these costs.

2. Maximum funding from the Fund's resources:

1. the activities of the professional activity establishment shall be:

(a) in 2007. -95% of these costs,

(b) in 2008. and in the following years, 90% of these costs;

2. the establishment of a professional activity establishment shall be:

(a) in 2007. -85% of these costs,

(b) in 2008. -75% of these costs,

(c) in 2009. And in the following years, 65% of these costs.

Article 68d. [ Subsidy grant from the State budget for 2008] W 2008 r. The Fund shall receive a special-purpose subsidy from the State budget for the implementation of the task referred to in Article 4. 26a, up to 25% of the measures to ensure its implementation.

Art. 68e. [ Subsidy subsidy from the State budget for 2009] In 2009, the Fund receives a targeted grant from the state budget for the implementation of the task referred to in art. 26a, not less than 30% of the appropriations planned for the implementation of this task for that year.

Art. 68f. [ Subsidy subsidy from the State budget for 2010] In 2010 The Fund shall receive a special-purpose subsidy from the State budget for the implementation of the task referred to in Article 4. 26a, up to 30% of the appropriations planned for the implementation of this task for the year.

Art. 68fa. [ Subsidy subsidy from the State budget for 2011] In 2011, the Fund receives a special-purpose subsidy from the state budget for the implementation of the task referred to in art. 26a, up to 30% of the appropriations planned for the implementation of this task for the year.

Article 68g. [ Amount of funding for the employer for the year 2010] In 2010:

1) employers with less than 25 employees and employers with at least 25 employees per full working time, calculated on the basis of the full working time and the employer-employment rate with a disability of at least 6%, a monthly grant of:

(a) 70% of the amounts referred to in Article 26a (a) 1,

(b) 90% of the amounts referred to in Article 26a (a) 1 and 1b;

(2) The employer of the sheltered job shall be entitled to 100% of the amounts of the funding referred to in Article 4. 26a (a) 1 and 1b.

Art. 68ga. [ Amount of funding for the employer for 2011] In 2011:

1) employers with less than 25 employees and employers with at least 25 employees per full working time, calculated on the basis of the full working time and the employer-employment rate with a disability of at least 6%, a monthly grant of:

(a) 70% of the amounts referred to in Article 26a (a) 1,

(b) 90% of the amounts referred to in Article 26a (a) 1 and 1b;

(2) The employer of the sheltered job shall be entitled to 100% of the amounts of the funding referred to in Article 4. 26a (a) 1 and 1b.

Article 68gb. [ Amount of funding for the employer for the year 2013] In 2013:

1) employers with less than 25 employees and employers with at least 25 employees per full working time, calculated on the basis of the full working time and the employer-employment rate with a disability of at least 6%, a monthly grant of:

(a) 70% of the amounts referred to in Article 26a (a) 1,

(b) 90% of the amounts referred to in Article 26a (a) 1 and 1b;

(2) The employer of the sheltered job shall be entitled to 100% of the amounts of the funding referred to in Article 4. 26a (a) 1 and 1b.

Article 68gc. [ Monthly funding for the salary of a disabled worker] For periods from January 2014 onwards until March 2014 Monthly funding for the salary of a disabled worker, as defined in Article 26a, shall be entitled to and on the basis of the rules in force in 2013.

Article 69. [ Repealed provisions] The Act of 9 May 1991 is repealed. o employing and rehabilitating disabled persons (Dz. U. Entry 201, z późn. zm.), except that:

1. 4 shall apply until 31 December 1998;

2. Article 19 shall apply until 30 June 1998.

Article 70. [ Entry into force] The Act shall enter into force on 1 January 1998, with the following:

1. 6 para. 7 shall enter into force on the day of its announcement, with effect from 1 September 1997;

2. Article 21 shall enter into force on 1 January 1999;

3. Article 31 par. 1 point 2 and art. 59 shall enter into force on the day of the announcement.

Article 70.


1) This Act is being implemented in the scope of its regulation of the implementation of Directive 2000 /78/EC of 27 November 2000. establishing a general framework for equal treatment in the field of employment and occupation (Dz. Urz. EC L 303 of 02.12.2000).

The data relating to the publication of the acts of the European Union, as set out in this Act, on the date of accession by the Republic of Poland of membership of the European Union, shall refer to the publication of those acts in the Official Journal of the European Union. Special

[ 1] On the basis of art. 2. 5 of the Act of 25 September 2015. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Journal of Laws of the U. 1886), art. 22 par. 3 in the wording given above. by law, apply to payments due for periods starting from July 2016.

[ 2] On the basis of art. 2. 4 of the Act of 25 September 2015. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Journal of Laws of the U. 1886), in the period of 6 months from 1 July 2016, when calculating the amount of the reduction shall also take into account the employees employed on other grounds than the contract of employment or cooperative contract of employment concluded before 1 July 2016.

[ 3] On the basis of the judgment of the Constitutional Court of 21 March 2006. (Journal of Laws No 49, pos. 359) art. 1 point 5 (a) (b) in connection with Article 4 of the Act of 19 December 2003. amending the Act on Professional and Social Rehabilitation and Employment of Persons with Disabilities and the Act-Regulations introducing a law on the activity of public benefit and voluntary service (Journal of Laws No. 228, item. 2262) changing art. 26a (a) 1a, in so far as it deprives employers of employing disabled persons who have reached retirement age, to be added to the remuneration of such persons for the period necessary to make effective notice to those persons of employment contracts, is incompatible with the art. 2 of the Constitution.

[ 4] On the basis of art. 3 of the Act of 25 September 2015. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Journal of Laws of the U. 1886), art. 26a (a) 1a 1 point 1a, as set out by the abovementioned the law applies to the financing due for the periods falling from July 2016 onwards.

[ 5] On the basis of art. 3 of the Act of 25 September 2015. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Journal of Laws of the U. 1886), art. 26b (b) 3 as set out by the above mentioned the law applies to the financing due for the periods falling from July 2016 onwards.

[ 6] On the basis of art. 3 of the Act of 25 September 2015. amending the Act on Vocational and Social Rehabilitation and Employment of Persons with Disabilities (Journal of Laws of the U. 1886), art. 26b (b) 6a as set out by the abovementioned the law applies to the financing due for the periods falling from July 2016 onwards.

[ 7] These criteria are set out in points 9-11 of the Community Guidelines on State aid for rescuing and restructuring firms in difficulty (Dz. Urz. EU C 244 of 01.10.2004, p. 2).

[ 8] The Act expired on 8 June 2004. based on art. 70 of the Act of 20 April 2004. o National Development Plan (Journal of Laws No. 116, item. 1206).