Propuestas de futuro

After the lastly made draft amendments, the definitions of introduced instruments became more clear as also adjusted to the other legal regulations. The term of “economic stoppage” means now the non-performance of work by employee caused by economic reasons not related to the employee. The remaining by the employee at the employer’s disposal (employee should be ready to start work) occurs as it’s natural consequence. The other solution pertains to the possibility of applying the reduced working time. The working time could be decreased by the entrepreneur for economic reasons not related to the employee, however not less than up to a half of the full working time.

It should be pointed out the main difference between the two of adopted legal instruments. The declaring of economic stoppage enfolds the transitory financial difficulties accordingly to which the performance of work by employees and functioning of enterprise are not profitable for entrepreneur. With reference to the second of them it corresponds with situation during which there are no grounds to declare the economic stoppage owing to the fact that the decline in company’s

17

Understood as decline in turnover not less than 15%, calculated as the ratio of the total economic turnover in the 6 consecutive months during the 12 months period predated the application for benefits period to the total turnover in the corresponding 6 months during the 12 months period prior to the period of 12 months preceding the date of application submission). During the second draft reading at parliament (proceeding was held at 10th of October) was proposed to reduce decline’s level to 10%.

18

This term was used by provisions of Law of 1st July 2009.

19

Article 5 of the Law.

20

This was stressed during the discussion around the draft provisions whilst first draft reading: http://www.sejm.gov.pl/SQL2.nsf/poskomprocall?OpenAgent&7&1434

21

As the opposite to previous law regulations. For further see MITRUS L.: ibidem; The difference in scope of application of the legal regulations covered by Law of 1 July 2009 shows also WROCŁAWSKA, T. Some considerations Concerning the Flexible Shaping of Working Time ant its Limitations in Light of Polish Statutory Regulations, Labour Regulation in the 21st Century, ed. T. Fashoyin, M. Tiraboschi, In Search of Flexibility and Security, Adapt 2012, p.251.

22

It covers the situation with the agreement made by entrepreneur and public insurance institution

as result of the improving plan installment.

23

Journal of Laws of 1998, no. 21, it. 94, as amended.

24

For more see Commentary of 2 and 3 articles of Labour Code: Labour Code: Commentary to Labour Code, ed. L. Florek, Lex 2011.

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orders is not so drastic and it’s possible to ensure the functioning of enterprise albeit with reduced working time.

As was previously indicated, Law provides the subsidies for the employees’ remuneration, therefore during the time of economic stoppage employees shall be entitled to:

1) partial remuneration compensating benefit up to 100% of the allowance referred to in article 72 (1) of section 1 of the Act of 20 of April 2004 on Promotion of Employment and Labour

Market Institutions25, increased by the amount of social security contributions receivable from the employee, in proportion to the worker's working time,

2) remuneration financed by entrepreneur

- in total amount not less than the minimum wage, determined on the basis of the provisions of the minimum wage26, taking into account the dimension of the working time of an employee prior to its reduction.

With regard to the employees encompassed by reduced working time the adequately same provisions have been provided. The difference is only referred to proportional (accordingly to reduced dimension of working time) benefits and remuneration calculation. For example, in the event of reduced working time, when the working hours were reduced by a half, with reference to the salary of 4000 PLN, the employee will receive 2000 PLN from the employer plus partial benefit from the above mentioned Fund. So, as was argued, the proportion will be fully preserved27. In the case of part-time employees the level of financial benefits will be adequate to the working time dimension.

As regards the temporary support’s condition, the benefits shall be received for the maximum combined period of no more than 6 months within a period of 12 months started from the date of the contract for benefits payment signing. The indicated combined time period means that the granting will be stopped in the case if employee gets the sickness remuneration accordingly to art. 92 of the

Labour Code or sickness allowance as referred to the Act of 25th June 1999 on Benefits from Social

Insurance in the Case of Sickness and Maternity28 . Although the provided provisions look as really justified, many interpreting doubts may arise in this field. To exemplify, the some of them involves the question concerning the time calculation and its implications.

There are also stated guarantees for employees’ protection during the economic stoppage or reduces working time imposition. As it was previously mentioned, with reference to one of them, the total remuneration including benefits received from the Fund of Guaranteed Employees Benefits will be at least the minimum wage. Buy the way, the law provides also the main issue of employees’ protection in accordance with which an entrepreneur who under the contract for benefits payment have received subsidies can’t terminate an employment contract on grounds that does not pertain to the employee. The protection against termination is however temporarily limited. Termination is prohibited during the time of getting the benefits and during the period that immediately follows the period (or the periods) referred above but no longer than by the total interval of 3 months.

The introduction of economic stoppage or reduced working time will be possible on the basis of collective agreement or the other agreement concluded with the company size trade union organization (-s). If it is not possible to agree with the all of the occupational trade union organizations, the entrepreneur shall seek the agreement only with those of them that are representative within the meaning of article 24125a of Labour Code. In the case if there are no company size trade unions, arrangements shall be made in agreement with the employees’ representatives selected in the mode adopted for concrete entrepreneur. Consequently, the possibility to impose the mechanism was given for different groups of employees’ representatives in spite of the fact of the given privilege to company size trade union organizations. As regards the introduction of economic stoppage or reduced working time, the modification of working conditions through the termination by the article 42 § 1-3 of the Labour Code is not required. This mechanism allows to bypass on the basis of the collective agreement the indicated code regulations that are the part of the clear example of employees’ protection29

.

25

Journal of Laws 2013, No 674, as amended.

26

Law on Minimum Wage, Journal of Laws 2002, No 200, item 1679, as amended. The minimal wage amount at 2014 will be equal to 1680 PNL (at the 2013 it was 1600 PLN).

27

This example and statement was given by J. Męcina during the discussion around the draft regulations…: http://www.sejm.gov.pl/SQL2.nsf/poskomprocall?OpenAgent&7&1434.

28

Journal of Laws of 2010, No. 77, item 512, as amended.

29

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The collective agreement or the other concluded agreements, listed above, shall contain the information about professional groups covered by economic stoppage or reduced working time, the dimension of the reduced working time applied for employees, as well as the time period during which the solutions will be applied. In this way employees’ representatives gained the possibility to influence on implemented arrangements.