Poland: Law of 1995 on Employment and Countering Unemployment

CHAPTER ONE - GENERAL PROVISIONS

Article 1

2. The Law applies to:

(1)the Polish citizens resident in Poland, seeking and entering into employment or other gainful occupation in the territory of the Republic of Poland or taking up employment abroad from foreign employers,

(2)foreign nationals staying in the territory of the Republic of Poland and holding a permanent sojourn card or who have been granted refugee status in the Republic of Poland, seeking and taking up employment or other gainful occupation in the territory of Poland,

(3)foreign nationals who obtained consent of the director of the voivodship labour office to be employed, or take up other gainful occupation, in the territory of the Republic of Poland.

2. Eligible for allowances and other benefits by virtue of joblessness on the principles defined in the Law, are persons referred to in para 2 items (1) and (2).

Article 2

(1)graduate - it means the person registered in the regional labour office within 12 months since the day of graduation from a school or completion of education as defined in a diploma, school or equivalent certificate:

(a)graduate of a daytime higher-than-basic school, public or non-public with the competences of the public ones, or a higher (i.e. university-level) State or non-state school,

(b)graduate of post-graduate or doctoral studies taken up within 6 months following graduation at a higher school,

(c)graduate of an evening or extra-mural school as under (a), provided the person did not take up employment during the final 12 months of studies,

(d)graduate of at least 12 months' vocational preparation in the Voluntary Labour Brigade,

(e)graduate of daytime vocational courses lasting at least 24 months, provided the person did not take up employment during the final 12 months of the courses'duration,

(f)graduate of a primary special school,

(g)disabled person who obtained authorization to practice an occupation.

(2)The unemployed means a person referred to in Article 1 para 2, items (1) and (2) not an employment or other gainful occupation, excepting those under Article 26, para 1, able and ready to take up full-time employment as required by a given trade/profession or service, subject to reservation as under (g), non-studying in daytime system and registered in the regional labour office appropriate to the place of domicile registry (permanent or temporary), provided that the person

(a)is under 18 years of age, except under-18 graduates,

(b)is under 60 (women) or under 65 (men),

(c)is not eligible for the old-age retirement pension or a disabled person's pension, or upon cessation of employment draws no rehabilitation benefits, sickness, maternity or guardianship allowances,

(d)is not the owner or possessor (independent or dependent) of farmland, in terms of the Civil Code, its surface in excess of 2 taxable hectares, or of a farm constituting a special sector of agricultural production as described by tax regulations, unless the income from special sectors of agricultural production and calculated for income tax purposes in respect of natural persons, is below the level of average income from work in non-socialized agriculture and arising from 2 taxable hectares as specified by the Minister of Labour and Social Policy on the basis of agricultural tax regulations,

(e)is not eligible for old age or disability pension by virtue of permanent work as a household member in a farm with agro-usable area in excess of 2 taxable hectares or constituting a special sector of agricultural production with the resulting income tax on natural persons surpassing income from 2 taxable hectares as referred to in (d),

(f)is not engaged in extra-agricultural economic activity after the day indicated in a declaration of entry into roster until the day of removing this activity from the roster, or is not eligible - by virtue of separate regulations - to obligations of social security or old age pension,

(g)is a disabled person whose state of health permits employment at half-time required in a given vocation/profession or services,

(h)is not under detention awaiting trial nor serving a sentence of deprivation of liberty;

(3)foreign nationals - i.e. persons not in possession of the Polish citizenship;

(4)income - i.e. incomes taxable by virtue of income tax regulations concerning natural persons;

(5)additional workplace - i.e. place created for the unemployed resulting from a loan granted by the Labour Fund;

(6)labour club - i.e. training opportunity for the unemployed in order to teach them how to seek and obtain employment;

(7)training cost means:

(a)previously agreed sums due to the training unit,

(b)cost of insurance against work-injury,

(c)travel and lodging expenses if the training is taking place outside the domicile of the unemployed,

(d)expense on the necessary medical examination;

(8)minimal remuneration - i.e. minimal remuneration for those employed as announced by the Minister of Labour and Social Policy in the MONITOR POLSKI, the Official Gazette of the Republic of Poland, under separate regulations;

(9)illegal employment or other illegal gainful occupation means:

(a)employment of a person by an employer without concluding with him/her a written work contract within the required time-limit,

(b)failure to report about the employed person or performing other gainful occupation for social insurance purposes,

(c)employment of, or entrusting other gainful occupation to a foreign national without permanent residence card or without the refugee status in the Republic of Poland, or without the permit or consent of the director of the appropriate voivodship labour office, in a different job or on different terms than those spelled out in the permit or consent,

(d)taking up by a foreign national without permanent residence card or refugee status in the Republic of Poland, of employment or other gainful occupation without the consent of the director of appropriate voivodship labour office,

(10)illegal activity means:

(a)engaging in employment agency practices or referral of Polish citizens to jobs abroad without the required authorization,

(b)engaging in employment agency profit-seeking practices of referral of Polish citizens abroad to take up jobs from foreign employers;

(11)appropriate employment - i.e. employment for which the unemployed has vocational training or can perform it after prior training if such employment is appropriate in terms of the state of health of the unemployed and when the combined return travel time to and from the employment site by public transport is less than 3 hours;

(12)employment organs - i.e. the Chairman of the National Labour Office and the directors of voivodship labour offices and heads of regional labour offices;

(13)persons single-handedly raising children i.e. persons as referred to in the regulations on income tax from natural persons;

(14)co-operating person - i.e. one who co-operates, as under the regulations on social insurance in respect of persons engaging in economic activity and their family members, and under the regulations on social insurance of persons performing jobs on the basis of contract of agency or commission job contract;

(15)job- seeker - i.e. regional labour office registered non-employed person, as under Article 1, para 2, items (1) and (2), seeking employment, or an employed person declaring his/her intention and readiness to take up employment in fuller time-scale, or additional or other employment;

(16)other gainful occupation - i.e. performing work on the basis of an agency contract of agency, commissioned job contract, specified service contract or while a member of an agricultural production co-operative or co-operative of agricultural circles (agro-services);

(17)employers - i.e. organizational unit, also one without juridical person status, and also a natural person, if they hire employees;

(18)interventionary jobs - i.e. employment of an unemployed person by an employer for a time under 12 months, if the employment resulted from a contract concluded with a regional labour office;

(19)special programmes - i.e. activities to promote employment launched by employment organs in respect of persons classed in risk groups in local labour markets;

(20)average remuneration - i.e. average monthly remuneration in national economy during the preceding 3-month period, beginning on the first day of the month following its announcement by the Chairman of the Main Statistical Office in the MONITOR POLSKI, the official gazette of the Republic of Poland;

(21)public works - i.e. employment of an unemployed for no longer than 12 months at work organized by the organs of territorial self-government or government administration and financed by territorial self-government funds, State budget or targeted funds;

(22)training - i e. job training, re-training or upgrading occupational qualifications;

(23)benefit - i.e. benefit for the unemployed;

(24)training allowance - i.e. allowance drawn by a person during the training period;

(25)employment - i.e. performing work on the basis of employment relationship, employer-employee relationship or a cottage industry contract.

2. The period referred to in para 1 item(1) is prolonged by the time during which the graduate is serving his basic military service, over-time basic military service, doing military training for university-type higher school graduates, going through military service for candidates for professional soldiers, performing military exercises, periodic military service and basic service in civil defense and substitutive services.

3. Medical examinations to establish work fitness of an unemployed for a job are conducted, on application by the regional labour office, by medical doctors of public medicare services authorized by separate regulations to perform medical examination of employees.

CHAPTER 2 - EMPLOYMENT ORGANS AND EMPLOYMENT COUNCILS

Article 3

2. The Chairman of the National Labour Office is appointed and recalled by the Chairman of the Council of Ministers as proposed by the Minister of Labour and Social Policy, with the opinion expressed by the Supreme Employment Council.

3. The Minister of Labour and Social Policy defines, by an order, the organization, detailed principles and the scope of activity of the National Labour Office and those of the voivodship and regional labour offices.

Article 4

2. The Minister of Labour and Social Policy within the scope of this Law co-ordinates the activities of other organs, organizations and institutions.

Article 5

(1)coordination of activities of regional labour offices in the territory of the voivodship, determination of the number and territorial competence of regional labouroffices upon opinion expressed by the voivode and the voivodship employment council,

(2)elaboration of analyses and assessments on the problems of employment in the voivodship for the purposes of the Minister of Labour and Social Policy and for employment councils,

(3)co-operation with the voivodship employment council in taking measures in order to offset the negative effects on the employees of the dismissals from jobs and to alleviate such effects, notably through arranging for jobs and unemployment training,

(4)formulating proposals to be entered into Labour Fund plans and drawing up reports on the use made of the Fund's moneys,

(5)identifying tasks for the regional labour offices and the moneys quotas from the Labour Fund, and supervision of their performance and use,

(6)accepting declarations from persons taking up employment abroad on the basis of contracts concluded with foreign employers,

(7)issuance of decisions on employment of foreign nationals or their other gainful employment,

(8)organization of voivodship-scale labour exchange services,

(9)implementation of tasks defined in the regulations on employment and occupational rehabilitation of the disabled

(10)co-operation with the voivodship organ of the Government special administration for education in planning and taking measures to train the unemployed and to organize occupational training,

(11)implementation of tasks defined in the regulations on substitutive service,

(12)implementation of tasks resulting from the regulations on the protection of claims arising out of employment in the event of the employer's insolvency,

(13)organization and co-ordination of occupational consultancy services and promotion of occupational information voivodship-wide, and also support of the activities of labour clubs,

(14)implementation of tasks in the area of supervision of the observance of the provisions of the Law,

(15)initiation and co-ordination of special programmes implementation.

2. Duties of the head of the regional labour office include, in particular:

(1)assisting the unemployed and other job-seekers in finding employment and also helping the employers to hire employees;

(2)taking action to offset the negative effects of work dismissals and to alleviate such effects, notably by finding appropriate work places, and organization of training courses;

(3)keeping record of the unemployed and other job-seekers, informing them about available employment and occupational training opportunities, suggesting employment in interventionary jobs and public work and, in absence thereof, paying the allowances to those eligible;

(4)initiating and organizing training courses;

(5)initiating and financing:

(a)interventionary jobs,

(b)public works,

(c)employment of graduates;

(7)providing occupational counselling and information to the unemployed and other job-seekers;

(8)supervision of the observance of the provisions of the Law;

(9)reimbursing remuneration and social security payments in respect of juvenile employees employed on the basis of a work contract in order to prepare them occupationally;

(10)financing fringe benefits and bonuses due to employees for their guardianship over student trainees;

(11)issuing credit tickets to persons referred to work outside their domicile;

(12)co-operating with regional labour offices in offsetting the negative effects of unemployment, and in particular, the distribution of moneys from the Labour Fund;

(13)initiating and supporting activities of labour clubs;

(14)implementation of special programmes.

2. The head of a regional labour office issues decisions on:

(1)recognition or non-recognition of a person as unemployed and the statement of the lapse of the unemployed person's status;

(2)awarding, refusal to award, discontinuation, resumption of payment, or cessation of the right to draw unemployed benefit or training allowance;

(3)the obligation to return by the unemployed of the unduly drawn benefit, training allowance or training costs;

(4)postponement of such return, or permission to repay by installments, of the unduly drawn benefit;

(5)annulment of part of loan obtained from the Labour Fund.

Article 7

2. The scope of activity of the National Employment Council covers, in particular:

(1)expressing opinion on draft legal acts on employment and moving for enactment of new or amendment of the regulations in force;

(2)pronouncing opinion on Labour Fund plans and annual reports on the Fund's activities;

(3)formulating opinions on matters mentioned in Article 57 para 1, items (21)-(23);

(4)encouraging steps towards full and rational employment;

(5)co-operating with voivodship employment councils;

(6)submitting to the Minister of Labour and Social Policy periodic information on the Council's activity and those of the voivodship and regional employment councils;

Article 8

2The scope of activity of the voivodship employment councils covers, in particular:

(1)pronouncing opinions on the lines of education, occupational training and employment in the voivodship;

(2)appraising the rationality of management of the Labour Fund moneys;

(3)expressing opinion on draft financial plans made by the voivodship labour offices and the reports on such plans' implementation;

(4)encouraging measures towards full and rational employment in the voivodship;

(5)giving opinion on the number and territorial competence of regional labour offices in the voivodship;

(6)pronouncing opinion on the criteria of the issuance of decisions on matters of employment of foreign nationals or on performance by them of other gainful work in the voivodship territory;

(7)assessment of periodic reports on the activity of the voivodship labour offices and submission to the National Employment Council periodic reports and motions on matters of employment;

(8)expressing opinion on the criteria of granting and annulling loans from the Labour Fund;

(9)giving opinion on candidates for the post of director of voivodship labour office and moving for the p[p's recall from the post;

(10)sending its representative to sit on the competition committee in the event of appointing the director of the voivodship labour office through competitive selection process.

Article 9

2. Provisions of Article 8, para 2. items (1)-(4) and (7)-(10) apply as appropriate to the scope of activities of regional employment councils.

Article 10

2. Voivodship employment councils are composed of 16 persons, appointed in equal parts from among representatives of trade union organizations operating in the voivodship, employers' organizations, organs of Government administration and territorial self-government. Voivodship employment council is chaired by the voivode.

3. Regional employment councils are composed of 12 persons, appointed in equal parts from among representatives of trade-union organizations operating in the region, employers' organizations, organs of Government administration and territorial self- government. The regional employment council is chaired by the head of the regional office of the Government general administration.

4. Members of the National Employment Council and voivodship employment councils are appointed by the Minister of Labour and Social Policy, while members of regional employment councils are appointed by the voivode from among candidates presented by the organs and organizations mentioned in paras 1-3.

5. A member of the employment council member may be recalled

(1)on proposal of the organ or organization that had presented the person as candidate for the council member;

(2)on the initiative, as appropriate, of the Minister of Labour and Social Policy and/or voivode after obtaining the opinion of the organ or organization that had presented the person as candidate for the council member.

6. The term of employment council is 4 years.

7. The Minister of Labour and Social Policy defines, by his order, the organization and modalities of employment councils' work and the principles of participation in the employment council sessions the representatives of academic circles and other organs, organizations and institutions not represented on the employment councils.

8. The employer is obliged to release the employee from his duties in order to enable his participation in the employment council sessions. For the time of absence from work the employee retains the right to remuneration as specified by the principles regulating the remuneration calculated for periods of leave with pay. The costs so sustained by the employer may be reimbursed from the Labour Fund.

9. On proposal by members of employment councils domiciled outside the place of the council's meeting, the cost of travel by public means of transport is financed from the Labour Fund moneys.

10. The Minister of Labour and Social Policy shall specify, by order, detailed principles of reimbursement of costs mentioned in paras 8 and 9.

CHAPTER 3 - PRINCIPLES AND FORMS OF COUNTING UNEMPLOYMENT AND ALLEVIATING ITS EFFECTS

Article 11

Article 12

2. Labour exchange services are run by regional labour offices. Labour exchange services are performed free-of-charge and are based on the following principles:

(1)accessibility of labour exchange services to all persons looking for work and to the employers;

(2)voluntary approach, i.e. free of coercion use of the labour exchange services by those seeking employment;

(3)equality, i.e. the duty of regional labour offices to assist every person seeking employment in finding employment, irrespective of their nationality, membership in political and social organizations, gender, confession and other circumstances;

(4)openness, meaning that every available job reported to the office is made known to those seeking employment.

3. Employers are duty-bound to supply up-to-date information to the regional labour offices, competent by virtue of the employer's seat, on the available jobs or occupational training posts.

4. The employer, before hiring an employee, is obliged to obtain a declaration from that person whether he/she is, or is not, on the roster of unemployed persons.

5. The employer is obliged to inform in writing within 7 days the appropriate regional labour office about hiring a person registered as unemployed, or entrusting the person with other gainful work.

Article 13

2. Those unemployed are obliged to report to the appropriate regional labour office on dates indicated in order top confirm their readiness to take up employment and to obtain information on available jobs and training opportunities.

3. The head of the regional labour office, withdraws, subject to reservations under the of provisions of Article 27, para 3, the unemployed status from a person who:

(1)does not meet the criteria mentioned in Article 2, para 1, item (2);

(2)received a loan from the Labour Fund in order to begin economic or agricultural activity;

(3)thrice, without good reason, refused during 6 months, to accept proposals of appropriate employment or performing interventionary jobs or public works; deprivation of the unemployment status is valid for a period of 6 months;

(4)failed to report in the regional labour office on the date indicated and did not inform about the valid reason of non-appearance; deprivation of the unemployment status follows 14 days after the indicated date of appearance in the regional labour office;

(5)refused to undergo medical examination for the purpose of establishing fitness for employment;

(6)on suggestion of the unemployed.

Article 14

(1)launch and finance training of the unemployed and pay training benefits;

(2)launch organization of additional jobs andassist employers financially in the scope defined by the Law;

(3)launch and finance, within the scope defined by the Law, interventionary jobs and public works;

(4)grant loans from the Labour Fund enabling the unemployed to begin activities on their own;

(5)award and pay benefits;

(6)activate the unemployed under special programmes and during activities in labour clubs.

Article 15

(1)lack of occupational skills;

(2)necessity of re-training in connection with the lack of appropriate employment offers

(3)loss of work fitness in the occupation so far performed.

2. The regional labour office refers the unemployed person to the type of training desired if the likelihood is established that the training will ensure obtaining of the employment, that the cost of re-training will not exceed two average monthly remuneration and that at least one of the conditions mentioned in para 1 will be fulfilled.

3. The training should not take more than 6 months and, in cases substantiated by the training curriculum for a specific occupation, not longer than 12 months.

4. Referral to training may be preceded by the definition by advisor to the regional labour office, of the unemployed person's predispositions for the performance of the profession expected to be mastered by him/her as a result of the training and, in reasonable cases, by putting the person through specialized medical examinations.

5. On the suggestion of employer employing a staff of at least 50, the regional labour office, after obtaining opinion of the regional employment council, may reimburse from the Labour Fund the costs of employee training up to 50 per cent, but not in excess of average remuneration per person, should the trainees upon completion of training, hired to work in accordance with the line of their training, be placed by the employer in other work for a period of at least 12 months.

6. The employer failing to comply with the condition set out in para 5 is under the obligation to return the training costs financed from the Labour Fund moneys.

Article 16

2. The allowance amounts to 115% of the unemployment benefit.

3. In the case of referring an unemployed person to training, the costs of it are financed from the Labour Fund, subject to the reservation set forth in para 4.

4. The unemployed person, who by his/her own fault failed to complete the training, is under the obligation to return the costs of training unless the person's taking up of employment was the reason for such non-completion.

5. Persons drawing training allowances are eligible, along the lines applying to employees, for:

(1)maternity, family, nursing and funeral allowances;

(2)benefits by virtue of work-injuries and occupational diseases occurring during training period;

(3)benefits from medical care institutions payable on the basis of an entry in the person's social insurance identification card made by the regional labour office.

6. Training allowances are also payable for documented unfitness-to-work periods for which they would be disbursed from the social insurance in case of sickness or childbirth.

7. The allowances mentioned in para 5 item(1) and training allowances payable as described in para 6, should be charged by regional labour offices to the account of social insurance rates in the manner provided for such rates.

8. Benefits mentioned in para 5. item (1), with exception of disability pensions or family members' pension, are paid by the regional labour office on the basis of the opinion issued by a disability and employment medical commission, after report on the circumstances and causes for the accident by a post-accident team of the training unit or following the statement made by state sanitary inspector on occupational disease. These benefits are charged to the account of social insurance premiums in the manner provided for such rates.

9. Benefits defined in para 5 item (3) are payable also to family member of the person drawing training allowance on the terms provided for the family members of employees on the basis of an entry in the social insurance card made by the regional labour office.

10. The regional labour office may finance, in part or in full, from the Labour Fund moneys, the training costs of employees who have been given notice terminating their contract of employment for reasons affecting their workplace.

Article 17

2. Occupational counselling is guided by the following principles:

(1)accessibility of its services to all unemployed and other job-seekers, and the employers;

(2)voluntary use of occupational counselling services;

(3)equality in use of the occupational counselling services irrespective of nationality, gender, confession, membership of political and civic organizations, and other circumstances;

(4)freedom of choice of profession and workplace;

(5)free-of-charge use of occupational counselling services;

(6)privacy and protection of the personal data of the unemployed and other job-seekers availing themselves of the occupational counselling services.

3. Occupational counselling is run by regional labour offices.

4. Occupational counselling is rendered in the form of individual and group counselling.

5. Individual counselling may be preceded by specialized medical and psychological examinations. The costs of such examinations do not burden the unemployed or other job-seeker concerned.

6. The examinations mentioned in para 5 may be performed only upon consent of the unemployed or other job-seeker concerned.

Article 18

(1)to employers for the purpose of organizing additional workplaces for the unemployed designated to fill them;

(2)only once to the unemployed and employees served notice and about to be dismissed for reasons affecting their workplace, for the purposes of starting economic or agricultural activity, except land purchase.

2. The amount of the loan may not be in excess of twenty average monthly remunerations; in the event of the loan being granted for organizing additional jobs, the amount applies to the creation of one such job.

3. The loan-recipient employer is under obligation to organize additional jobs within time-limits specified in the loan contract and to hire those unemployed referred to him/her for a period of at least 24 months.

4. Loan granted to persons mentioned in para 2 item (2) may be annulled up to the amount of 50 per cent, upon request by the borrower, by the head of the regional labour office on the condition that the activity lasted for at least 24 months, and upon meeting other conditions described in the contract.

5. The terms on which loans are granted, the interest rate and modalities of repayment are described in the contract concluded with the borrower by the regional labour office.

6. The rosters of employers and borrowers are displayed for public view in the regional labour office.

7. The provisions of para 1 items (2),(3),(5) and (6) apply, as appropriate, to single individual economic entity under the regulations on economic activity, hereinafter referred to as the single individual economic entity, if he/she intends to hire an employee.

8. In cases particularly well-substantiated by material hardship of persons mentioned in para 1 item (2), the director of the voivodship labour office, after obtaining opinion of the head of regional labour office and the regional employment council may, on borrower's request, postpone the date of loan repayment or annul it in part or in full.

9. The Minister of Labour and Social Policy shall define, by order, the detailed principles of granting loans, interest on them and modalities of repayment, as mentioned in para 5.

Article 19

2. The regional labour office may, within the scope and on the principles defined in para 1, reimburse of employer-sustained costs resulting from the up to 12 months' employment of the unemployed referred to him/her in the framework of interventionary jobs, to the earlier agreed amount but not in excess of the minimal remuneration and the social insurance rate on the refunded remuneration per every unemployed if the reimbursement covers the expense incurred for every other month of their employment.

3. If the employer, immediately following the completion of the interventionary jobs lasting for at least 6 months, continued to employ the referred unemployed person for another 6 months' period concluding, after the lapse of that period, a full-time employment contract for indefinite duration, the regional labour office may award the employer with a single refund of remuneration to the earlier agreed amount but not in excess of 150 per cent of the average remuneration in force on the last day of the fulfillment of this condition.

4. The provisions of paras 1-3 apply, as appropriate, to single individual economic unit if he/she intends to hire an unemployed person in the framework of interventionary jobs.

5. The regional labour office, while referring an unemployed person to interventionary job, is duty-bound to take into account his/her age, state of health and the types of work earlier performed.

Article 20.

2. The regional labour office may, within the scope and on the principles defined in para 1, reimburse to the organizer of public works the costs incurred by employment for up to 12 months of the referred unemployed persons, in the earlier agreed amount but not in excess of the average remuneration and the social security rates on the refunded remuneration per every unemployed if the refund covers the costs incurred for every other month of their employment.

3. If so suggested by the organizer of public works, the head of the regional labour office may award advances from the Labour Fund moneys towards payment of remuneration and social insurance rates.

4. If so suggested by the organizer of the public works, in administrative regions (communes) threatened with particularly high structural unemployment, the director of the voivodship labour office, upon obtaining opinion of the regional employment council, may give consent to refund up to 50 per cent of prime costs of organization of public works but not in excess of 25 per cent of the total of remuneration and social security rates of the unemployed, financed from the Labour Fund.

5. The provisions of Article 19, para 5 shall apply, as appropriate.

Article 21

2. The provisions of Article 19 para 5 shall apply, as appropriate.

Article 22

Article 23

(1)there was no appropriate employment offer, training proposal, referral to interventionary job, public works or to the created additional work places, and

(2)during the 12 months' period prior to the day of registration, during a total of at least 180 days he/she

(a)was employed, at least at half-time rate in force for the relevant occupation or service, or obtained remuneration in the amount of at least one-half of the minimal remuneration, excluding the period of leave without pay lasting longer than one month, subject to the reservations under para 2 item(2);

(b)was engaged in work based on cottage industry contract if the income therefrom was at the amount of at least one half of minimal remuneration;

(c)was employed on the basis of a work contract for the purpose of occupational preparation;

(d)performed work on the basis of a contract of agency or commissioned job contract, or co-operated in the performance under such contracts, if the base for the social insurance rate and contribution to the Labour Fund amounted to at least one half of minimal remuneration;

(e)was eligible for social insurance or old-age pension resulting from non-agricultural economic activity or co-operation therein, if the base for social security rate or old-age pension and Labour Fund amounted to at least one half of minimal remuneration;

(f)performed work during arrest leading to trial or serving a sentence of deprivation of freedom, if the base for the social security rate and the Labour Fund amounted to at least one half of minimal remuneration;

(g)performed work in agricultural production co-operative or co-operative of agricultural circles (agro-services) while being member of the co-operative, if the base for the social security and Labour Fund rates amounted to at least one half of the minimal remuneration;

(h)paid rates for the Labour Fund in connection with employment abroad by a foreign employer.

2. Into the 180 days period, as mentioned in para 1, item(2), are also included periods of:

(1)basic military service, over-term basic military service, higher school graduates military training, military service performed by candidates for professional soldiers, military exercises, periodic military service and basic service in civil defence and substitutive service;

(2)leaves without pay granted to those caring for little children and child-raising leaves recognized, under separate provisions, as periods of employment;

(3)drawing disability pensions, rehabilitation allowance or, after cessation of sickness benefits, maternity benefits or guardianship allowance;

(4)not enumerated in para 1 item (2) for which rates were paid for social insurance, or old age pension and Labour Fund, their base amounting to at least one half of minimal remuneration.

3. Conditions as under para 1 item(2) do not apply to first-time registered unemployed graduates.

4. Eligible for benefits are the unemployed released from penitentiary institutions and from detention in custody pending inquiry who registered within 3 months following their release, if the sum of periods described in para 1 item (2) and para 2, from the time of 12 months before deprivation of liberty and performing work during deprivation of liberty amounted to at least 180 days. In case of drawing benefits during intervals in serving of the sentence, the provisions of Article 25 para 11 apply as appropriate.

5. In case of simultaneous fulfillment of several conditions entitling to benefits, the unemployed is free to select the base on which they shall be granted.

Article 24

2. Graduates are entitled to allowances of:

(1)12 per cent of average remuneration - in respect of juveniles until they come of age;

(3)28 per cent of average remuneration - in respect of adults.

3. The unemployed person in respect of whom the work contract was terminated due to reasons affecting his workplace, is entitled to allowance at 75 per cent of remuneration computed according to principles followed for computing the base for old-age pension provided for in regulations on old-age pensions for employees and their dependents, but not less than the minimal remuneration. The allowance is valorized on the principles provided for in the regulations on old age pensions for employees and their dependents.

4. The allowance mentioned in para 3 is granted to persons who completed 55 (women) and 60(men) years of age during the calendar year in which their work contracts or service relationship were terminated and have to their credit minimal employment periods entitling them to old-age pensions provided there is no appropriate employment offer for them.

5. In the event of termination of work contract or service relationship due to reasons affecting the work place in respect of persons mentioned in Article 25 para 4 items (1)-(3), domiciled on the date of termination of work contract or service relationship in administrative regions(communes) recognized as threatened by particularly high structural unemployment, the amount of the allowance is at 52 per cent of average remuneration; the allowance may not, however, be in excess of one mentioned in para 3 and not lower than minimal remuneration.

6. Allowances are payable monthly on the last day of the month. The allowance is fixed by dividing the allowance amount by 30 and multiplying by the number of calendar days of the period for which the allowance is due.

7. To those eligible for allowance or training allowance interest is due if the regional labour office for reasons independent of the unemployed person failed to pay the allowances in due time.

Article 25

2. Unemployed graduates are entitled to allowance for the period beginning on the first day of the fourth month following their registration in the regional labour office until the end of the twelfth month counting from the date given in the diploma, school-leaving certificate or other certificate, as that of completing school or education.

3. Unemployed persons who have acquired the right to allowance, while the periods of their employment, other gainful occupation or activity mentioned in article 23 para 1 item (2) and para 2, items (1),(2) and (4) totaled, since the date of registration, amount to at least 25 (women) and 30(men) years, retain their right to allowance for up to 18 months.

4. Unemployed persons who have acquired the right to allowance retain such right until the time of acquiring the right to old-age pension provided that:

(1)periods of their employment, other gainful work or activity and the periods mentioned in Article 25 para 1 item (2) and para 2 items (1),(2) and (4) before the day of registration totalled at least 30 (women)and 35(men) years;

(2)during periods mentioned in para 3 such persons performed work recognized in old-age pension regulations as employment in special conditions or special character during at least 15 years;

(3)have completed at least 58 (females) and 63 (males) years, if upon their 60th and 65th birthday respectively will meet the requirements for obtaining old-age pension;

(4)meet the requirement mentioned in Article 24 paras 3 and 4.

5. In the event of giving birth to a child by an allowance-drawing female during the period mentioned in paras 13 or within one month of its completion, the period is extended by the time to which she would be entitled, according to separate regulations, to the maternity allowance.

6. The right to allowance is retained, on the terms defined by the Law, by the unemployed person, until the offer and acceptance of appropriate employment, performing interventionary job or public works, if he/she has as dependent at least one child eligible for family allowance, provided that:

(1)the unemployed person is a single parent and has lost the right to allowance due to the lapse of time of its drawing, or

(2)the spouse of the unemployed person is also unemployed and that both have lost the right to allowance due to the lapse of time of its drawing.

7. The allowance-drawing period is extended by one month if the unemployed person completed training to which he/she had been referred during the 1st month in which he was entitled to allowance, and the training lasted at least 14 days.

8. The allowance-drawing period, mentioned in paras 1-2, 5 and 7 is shortened by the time of lack of title to allowance for reasons mentioned in Article 27 para 1 items (1) - (3) and by the time during which training allowance was drawn in case of non-completion of training by the person's own fault.

9. The right to allowance, mentioned in para 6, lapses on the day of unreasonable refusal to accept the offer of an appropriate employment, refusal to perform interventionary work or public works by the allowance-drawing person or his/her spouse, and also the lapse of unemployment status.

10. To unemployed persons mentioned in para 4 the provisions of Article 13 para 2 do not apply. However, such persons are under obligation to appear, when summoned, at the appropriate regional labour office in order to be presented with employment proposals or to submit once a month a statement on income obtained. Provisions of Article 27 para 2 apply as appropriate.

11. The unemployed person who, during the period of drawing benefit or training allowance, took up employment or other gainful work obtaining income in the amount of at least one half of minimal remuneration during the month in which there was title to allowance, but who had not worked for 180 days for reasons involving the employer, and who registered within 7 days since termination of employment or other gainful work, re-obtains the right to allowance:

(1)for the period mentioned in paras 1-3, 5 and 7 shortened by the period for which allowance had been drawn prior to the lapse of the unemployed status;

(2)mentioned in paras 4 and 6.

Article 26

(1)took up employment or other gainful occupation and obtains income in the amount less than one half of the minimum remuneration, or

(2)obtains income on another title in the amount defined in para 1, except persons mentioned in article 2 para 1 item (2)(d)(f)The unemployed person is obliged to inform, without delay, the regional labour office about taking up employment, other gainful occupation or activity.

Article 27

(1)failed to appear in the regional labour office on time indicated;

(2)refused, without valid reason, to take up appropriate employment, training, performance of interventionary job or public works;

(3)in the last workplace caused, by one's own fault, the termination, without notice, of work contract (service relationship);

(4)received a single money equivalent for miner's leave constituting social benefit or a single severance pay instead of social allowance provided for in the Collective Work Contract for Employees of Mining Establishments.

2. The unemployed person mentioned in para 1 is entitled to allowance:

(1)after 90 days -in cases enumerated in para 1 items (1) -(3);

(2)after the period for which allowance, or severance pay, mentioned in para 4 item (4), have been drawn.

3. The allowance-drawing unemployed person who, for the duration of under 30 days, stays abroad or is in other situation causing the lack of readiness to take up employment, is not deprived of the unemployed status if he/she had informed the regional labour office about the intended travel abroad or about being in the situation causing lack of readiness to take up employment. There is not title to allowance for that period.

4. The unemployed person is obliged to submit monthly to the regional labour office monthly statement on income and other documents necessary to establish the person's title to benefits provided in the Law. Non-compliance with this obligation, there is title to allowance or other benefits from the day of submission of the statement and other required documents.

Article 28

2. Unduly drawn benefits, under para 1, are those:

(1)drawn in contravention of circumstances causing lapse of title to benefits if the allowance-drawing unemployed person had been duly informed of such circumstances;

(2)paid on the basis of fraudulent statements or falsified documents or in other cases of intentionally misleading the regional labour office by the unemployed person.

3. The unemployed person's claims, and those of the labour office by virtue of allowances and training benefits, lapse with the passage of three years from the day on which such privileges were claimable.

4. Unduly drawn compensation and training benefits are claimable to the amount totalling less than sums equivalent to 12 recently drawn benefits.

5. Reimbursement claims on the Labour Fund advanced by employers and single-individual economic units lapse after 12 months from the day on which the claim could be laid.

6The head of the regional labour office may, at the unemployed person's request, after having obtained the opinion of the regional employment council, postpone the return of unduly drawn benefits for not more than 2 years or agree to repayment by installments. In exceptional cases substantiated by particular material hardship of the unemployed, the director of the voivodship labour office, after consulting the regional labour office head and the regional employment council, may withdraw the demand for return of such benefit in part or in full.

7. Sums constituting unduly drawn benefits mentioned in para 2 are claimable in the manner provided for in regulations on executive proceedings in administration.

Article 29

2. The reduction sum, mentioned in para 1, for the benefit drawing period, may not exceed the sum of the old-age or other pension awarded for that period.

Article 30

2. However, the periods of drawing benefits and training allowances are not included in the:

(1)periods required for the acquisition of the right and the duration of such drawings;

(2)employment period on which the acquisition of the right to leave with pay depends;

(3)work seniority defined in separate regulations and required for the performance of certain occupations.

3. Provisions of para 1 and para 2 apply, as appropriate, to periods of drawing social benefits and social allowances disbursed on the basis of the Collective Work Contract for Employees of Mining Institutions.

Article 31

2. Also graduates are eligible for benefits mentioned in article 16 para 5 items (1) and (3Z) during initial 3 months following the day of their registration, their family members being eligible for benefits mentioned in Article 16 para 5 item (3).

3. Benefits mentioned in Article 15 para 5 item (3) are also awarded to unemployed person non-eligible for benefits who is not offered appropriate employment or training or referral to interventionary job or public works or newly created additional jobs, and to his/her family members.

4. Regional labour office issues a credit ticket for the cheapest means of public transport to person referred to take up occupation outside his/her domicile. In case of not taking up of the occupation for no fault of the person referred, a return ticket is issued by the regional labour office appropriate for the employer to whom referral was made.

5. Provisions of Article 16 para 7 apply, as appropriate, to benefits described in para 1 and para 2.

Article 32

Article 33

2. Regional labour office may, during 18 months, reimburse from the Labour Fund the employer hiring full-time the referred graduate, the costs of disbursed remuneration, awards, social insurance benefits and social security contributions in the earlier agreed amount but not excess of the minimal remuneration and social security contribution arising therefrom, if the reimbursement covers costs incurred every other month.

3. Provisions of para 2 also apply to single-individual economic entity if he/she hires a graduate.

Article 34

Article 35

2. In administrative regions (communes) where there is major intensity of seasonal work, the right to drawing compensation may be restricted to periods outside the season.

3. The Council of Ministers, adopting as fundamental criteria the unemployment rate and its expected rise, defines by order the administrative regions (communes) threatened with particularly high structural unemployment in which, on the basis of separate regulations, special economic-financial instruments and other preferences may be used in order to reduce unemployment and its effects.

4. The Council of Ministers may, by order

(1)introduce, in all or certain regions mentioned in para 2, an extended period of benefit drawing period, defining at the same time such period and additional conditions required for prolonged benefit payments;

(2)defines the regions mentioned in para 1 and para 2.

Article 36

(1)running labour exchange services, occupational counselling, organization of training for unemployed persons and arranging for teaching services to support occupational information and occupational counselling;

(2)effecting registration and keeping rosters of the unemployed and other job-seekers;

(3)awarding benefits and allowances defined in the Law;

(4)establishing modalities of making contributions to the Labour Fund by persons referred to in Article 53 para 1 item(3);

(5)organizing and financing labour clubs.

2. The Minister of Labour and Social Policy in communication with the Minister of Finances, shall define by order, the detailed principles of organization and implementation of special programmes, the scope of their application, the manner of classification of risk groups and the amounts for, and manner of, financing such programmes from the Labour Fund.

3. The Minister of Labour and Social Policy shall define, by order, the classification of occupations and specialties for the needs of the labour market and the scope of its application.

Article 37

2. If the conditions and duties defined in the authorization mentioned in para 1 are not complied with, the Chairman of the National Labour Office may cancel it.

3. When granting, denying or cancelling authorizations mentioned in para 1, the provisions of the Code of Administrative Procedure, except Chapter 7, shall apply.

4. Profit-seeking labour exchange services or referral to jobs abroad with foreign employers is forbidden.

CHAPTER 4 - COMPENSATION ENTITLEMENT OF LAID-OFF FARMERS

Article 38

Article 39

(1)payments of farmers social insurance contribution for persons mentioned in Article 38 during initial four quarters following the dissolution of employment, excluding the period when training allowance was drawn;

(2)financing of costs of training conducive to taking up employment or starting economic activity outside agricultural farm; provisions of Article 16 para 4 shall applyas appropriate;

(3)the right to training allowance in the amount of two-thirds of the allowance defined in Article 16 para 2;

(4)benefits arising from work-injuries and occupational diseases caused in connection with training participation, on the principles provided for employees;

(5)a single loan, mentioned in Article 18, in order to begin economic activity, or purchase of land, without excluding producing or service activity linked to agriculture.

Article 40

(1)during the 12 months period prior to the day of filing a request for awarding a benefit he/she was in employment and received remuneration constituting the basis for establishing social security and Labour Fund contributions amounting to at least one half of minimal remuneration during 180 days and the employment was dissolved for reasons involving the workplace;

(2)the tax on agricultural farm or a special sector is not in excess of agricultural tax levied on 5 standard hectares or, in calculation with respect to one member of household member without stable extra-agricultural sources of income does not exceed one half of agricultural tax levied on 1 taxable hectare.

Article 41

CHAPTER 5 - EMPLOYMENT IN VOLUNTARY LABOUR BRIGADES

Article 42

2. The Voluntary Labour Brigades are a state organizational entity supervised by the Minister of Labour and Social Policy.

Article 43

(1)organization of employment of young people;

(2)creating conditions for acquiring and upgrading occupational and general-education qualifications of young people and of their occupational re-training;

(3)assisting young people who are educationally neglected and in need of special care.

Article 44

Article 45

CHAPTER 6 - EMPLOYMENT ABROAD OF POLISH CITIZENS BY FOREIGN EMPLOYERS AND EMPLOYMENT OF FOREIGNERS IN POLAND

Article 46

Article 47

2. Referral for employment abroad by authorized referral entities is effected on the basis of civil law contracts concluded by these entities with Polish citizens. Such contracts should specify:

(1)the foreign employer;

(2)period of employment or other gainful occupation;

(3)type and conditions of work and remuneration, including the social benefits to which the referred person is entitled;

(4)principles and conditions of social insurance against injury and tropical diseases;

(5)duties and rights of the referred person and the referral entity;

(6)other obligations of the two parties;

(7)scope of civil liability of parties in case of non-performance, or imperfect performance, of the contract concluded by the referral entity and the Polish citizen, and the manner in which claims arising therefrom can be settled;

(8)the amount due to the referral unit by virtue of genuinely incurred costs involved in the referral to employment abroad.

3. The referral unit is obliged to inform the person referred to employment abroad on the rights to which he/she is entitled mentioned in Article 48.

4. No contracts mentioned in para 2 are concluded in case of holiday-time employment of school and university students.

5. The Minister of Culture and Art in consultation with the Minister of Labour and Social Policy shall specify, by order, the conditions of taking up employment abroad by Polish citizens in the framework of contracts on performance of artistic services.

Article 48

2. The employment period of Polish citizens abroad is treated as one in Poland in terms of entitlements mentioned in para 1 until the day of notification of the relevant territorially competent voivodship labour office about the taking up of employment abroad and beginning to pay the contribution rate to the Labour Fund in the amount of 12 per cent of median remuneration for each month of such employment.

(2)notification of the territorially competent branch of the Social Insurance Institution about the taking up of employment abroad and beginning to pay the social insurance rate in the amount fixed in respect of employees at home from the declaredsum but not less than the median remuneration.

Article 49

(1)the manner of making payments to the Labour Fund, mentioned in Article 48, para 2, item(2)1;

(2)the manner of paying social insurance rates, mentioned in Article 48, para 2, item(2);

(3)detailed principles of acquiring entitlements and the manner of collecting social security benefits by Polish citizens employed abroad by foreign employers.

2. The Minister of Economic Co-operation with Foreign Countries in consultation with the Minister of Labour and Social Policy specifies, by order, the criteria of distribution of the quota for Polish employees abroad if such quota is set forth in an international agreement.

Article 50

2. The permit and consent for employment of foreign nationals or entrusting to them other gainful work in entities supervised by the Minister of Culture and Art, Minister of Health and Social Welfare, Minister of National Education and the Scientific Secretary of the Polish Academy of Sciences, are issued by the directors of voivodship labour offices if the conditions specified in the provisions of this Law and other laws, are fulfilled.

3. Permit and consent mentioned in para 1 are issued by the director of voivodship labour office taking into account the situation in the labour market. The permit and consent are valid for a specific period for specific foreign nationals and for specific post or type of work to be performed.

4. The employer concludes with the foreign national a contract of employment, or performance of other gainful occupation, for the period covered by the granted permit.

5. If separate regulations condition the filling of a specific post or performing an occupation or other gainful work on having obtained a consent from the appropriate organ responsible for their performance, the employer prior to application filed with the voivodship labour office is under obligation to obtain such consent.

6. Permit and consent mentioned in para 1 may be cancelled by the director of the voivodship labour office if the foreign national is employed, or performs other gainful work, not in accordance with the permit and consent obtained or that there was a lapse of entitlement to performing employment or entrusted work.

7. Cancellation of permit and consent mentioned in para 1 prior to the termination of the period for which they were granted, obliges the employer to dissolve the contract on the basis of which the person was employed, or entrusted with other gainful work, but not later than 3 days from the date on which he was notified about the cancellation of the permit or consent.

8. Provisions of para 1 items(3)-(7) apply as appropriate to single individual economic unit and to natural person intending to employ a foreign national.

9. Provisions of para 1 and 5 do not prejudice the provisions regulating separate conditions of employing, or entrusting other gainful work to, foreign nationals or provisions containing prohibition of performance such jobs by a foreign national.

10. Provisions of para 1 do not apply in cases when the Polish employer hires a foreign national of entrusts to him the performance of other gainful work beyond Poland's frontiers.

11. The employer who obtained the permit mentioned in para 1 makes a single payment to the Labour Fund account of the voivodship labour office in the amount equal to minimal remuneration for every person covered by the permit. In case ofprolongation of validity of the permit the payment amounts to one half of minimal remuneration.

12. Provisions of para 11 apply, as appropriate, to foreign employers performing export services in Poland.

13. The Minister of Labour and Social Policy, upon request by the relevant cabinet minister, may exempt certain employers from the obligation to make payments to the Labour Fund as mentioned in para 11.

Article 51

2. The Minister of Labour and Social Policy specifies, by order, the modalities of employment of foreign nationals in implementation of export services performed by foreign employers in Poland.

3. The Minister of Culture and Art in consultation with the Minister of Labour and Social Policy specifies, by order, the conditions of employment of, and entrusting other gainful work to, foreign nationals in the framework of artistic services.

4. The Minister of Health and Social Welfare in consultation with the Minister of Labour and Social Policy specifies, by order, the conditions of employment of, and entrusting other gainful work to, foreign nationals in the health services.

5. The Scientific Secretary of the Polish Academy of Sciences specifies, in an order, the conditions of employment of, or entrusting other gainful work to, foreign nationals in the entities under the Polish Academy of Sciences.

CHAPTER 7 - THE LABOUR FUND

Article 52

2. The disposer of the Labour Fund is the Chairman of the National Labour Office.

Article 53

(1)employers and other organizational entities for persons:

(a)in employment or service relationship;

(b)performing work on the basis of a cottage industry contract, contract of agency, or single-job performance contract or for persons co-operating with them;

(c)performing work during serving a sentence of deprivation of liberty;

(d)drawing sports allowances;

(e)members of advocates' joint offices;

(2)agricultural production co-operatives or co-operatives of agricultural circles (agro-services) for their members excepting those who had brought contribution in land of over 2 taxable hectares of agricultural surface;

(3)persons other than those mentioned in para 1 and para 2 subject to coverage by social insurance or retirement benefits, except clergy and persons covered by farmers'social insurance.

2. The amount of rates, mentioned in para 1, is specified by the budget law.

3. In the event of the sums mentioned in para 2 originating from different sources, the obligation to pay Labour Fund contributions arises when the aggregate base amount for calculating social insurance contributions equals at least one half of minimal remuneration.

4. The person to whom provisions of para 3 apply makes appropriate statement to every employer, or in the branch office of the Social Insurance Institution, if the person concerned pays social insurance rates on his/her own.

Article 54

Article 55

(1)mandatory contributions to the Labour Fund;

(2)state budget subsidies to supplement the Labour Fund moneys earmarked for payments of obligatory benefits, after using the moneys from the contributions mentioned in item (1);

(3)proceeds from titles mentioned in Article 57 para 1 items (22)-(24);

(4)payments made by foreign partners by virtue of recruitment of Polish employees hired in the framework of international agreements;

(4)other proceeds.

2. Labour Fund proceeds are also payments made by Polish citizens taking up employment abroad hired by foreign employers mentioned in Article 48 para 2 item (1), and payments by employers by virtue of obtaining permits for employment of foreign nationals mentioned in Article 50 para 11 and para 12.

Article 56

2. Receipts of Labour Fund contributions are made monthly the Social Insurance Institution jointly with the social insurance and retirement benefits rates, transferring by the 20th of the following month, the amounts thus received to the Labour Fund after subtracting the current rates for social insurance arising from benefits and training allowances.

3. On Labour Fund contributions not paid in time the Social Insurance Institution charges interest on the delay, on the principles and tin the amount defined in the regulations on tax obligations. Such contributions and the delayed interest amounts due and additional fees mentioned in para 4, when not paid in time are claimable in a manner regulated by provisions on administrative executive procedure.

4. In the event of non-payment of the Labour Fund contributions, or paying them in amounts lower than due, the Social Insurance Institution may charge the employer or the person entitled to social insurance or retirement benefits, an additional fee up to the level of 100 per cent of the amount of rates due.

Article 57

(1)travel costs and salaries of the labour councils members mentioned in Article 10 para 8 and para 9;

(2)cost of training of employees mentioned in Article 15 para 5 and Article 16 para 10, as well as of the unemployed and other eligible persons;

(3)training allowances and social insurance rates mentioned in Article 16 para 1 and Article 39 item(3);

(4)loans, mentioned in Article 18, service costs as well as court procedures costs and executions costs and, in the vent of concluding a contract on credits by financial institutions for the unemployed and persons eligible for granting loans by the Labour Fund, the difference between the interest rate of the refinancing credit and the preferential interest applicable to persons receiving loans from the Labour Fund;

(5)costs mentioned in Articles 19-21 refunded by virtue of the employment of the jobless in the framework of interventionary jobs and public works;

(6)benefits paid to the unemployed and the social insurance rates arising from such benefits;

(7)costs mentioned in Article 33 of employment of the referred graduates;

(8)credit travel tickets issued to persons referred for employment in other localities as mentioned in Article 31 para 4 and to persons referred to join the substitute service;

(9)elaboration and dissemination of occupational information and equipment for conducting occupational counselling in collaboration with institution performing statutory obligations of occupational information and counselling;

(10)remuneration paid to juvenile employees employed on the basis of employment contract in order to prepare them for an occupation, and social insurance rates on the refunded remuneration;

(11)elaboration, issuance and dissemination of information on services rendered by the employment organs and other partners in the labour market addressed to the unemployed and other job-seekers as well as employers;

(12)supplements and bonuses paid to employees for their work as custodians of apprentices;

(13)measures connected with the implementation of special programmes;

(14)farmers' social insurance rates, as mentioned in Article 39;

(15)costs of mailing summons, notifications and sending to the unemployed their due pecuniary benefits and costs of correspondence with employers;

(16)research, programme elaboration, expert opinions, analyses, publications and competitions concerning the labour market;

(17)costs of introduction, development and use of computer systems in voivodship and regional labour offices;

(18)costs linked to promotion and legal assistance to the employees abroad under international agreements;

(19)costs of elaboration and dissemination of information and training material for labour clubs, their equipment and costs of conducting activities by institutions or persons other than labour offices employees;

(20)costs of lawsuits and executive proceedings with respect to unduly collected benefits and other payments from the Labour Fund;

(21)part of costs of implementation of tasks in favour of the unemployed performed in the framework of statutory activities by organizations and institutions;

(22)shares and financial contributions brought into joint stock companies, foundations an other juridical persons;

(23)purchase of treasury bonds and obligations issued or guaranteed by the State Treasury or by the National Bank of Poland;

(24)target-oriented deposits in banks and other state institutions or guaranteed by the State Treasury;

(25)interests on non-punctual regulation of financial obligations from the Labour Fund.

2. Moneys of the Labour Fund may be earmarked for financing tasks commissioned to Voluntary Labour Brigades by disposition-makers of the Labour Fund defined in items (2), (9)-(12) and (19), resulting from the tasks implemented by them.

3. Expenditures, mentioned in para 1 items (10) and (12), are reimbursed from the Labour Fund to the level of the lowest rates defined in separate regulations in force during the period for which such reimbursement is effected.

4. The Chairman of the National Labour Office, with the consent of the Minister of Labour and Social Policy, may re-channel the moneys provided for financing individual tasks in the Labour Fund plan annexed to the budget law, provided that the total of the moneys earmarked for financing tasks mentioned in para 1 items (2)-(5) and (7) may not be reduced be their diversion to other goals.

5. The Minister of Labour and Social Policy in consultation with the Minister of Finance after having sought the opinion of the Supreme Employment Council may define, by order, goals other than mentioned in para 1, for which Labour Fund moneys may be channelled.

6. The Minister of Labour and Social Policy defines, by order, detailed principles of financing expenditures from the Labour Fund mentioned in para 1, and the manner of cooperation of employment organs with banks and financing institutions.

7. Payments financed by the Labour Fund are free from contributions for the Labour Fund.

Article 58

Article 59

CHAPTER 8 - SUPERVISION OF THE OBSERVANCE OF THE PROVISIONS OF THE LAW

Article 60

2. Supervision includes investigation of the observance of:

(1)legality of employment, other gainful work or activity;

(2)obligation to inform the regional labour offices about employment of the persons registered as unemployed or entrusting them with the performance of other gainful work;

(3)obligation of paying contributions to the Labour Fund;

(4)terms embodied in authorizations to run labour exchange services or referral of Polish citizens to employment abroad by foreign employers.

3. Supervision checks may apply to entities suspected of engaging, without required authorization, in labour exchange services referring Polish citizens to employment abroad by foreign employers.

4. Supervision checks may apply to employers, single-individual economic entities and other institutions and natural persons.

5. Persons effecting supervisory functions may inspect documents within its scope, make copies if necessary, hear witnesses, verify the identity of persons employed an performing other gainful work as well as other persons in order to establish the nature of their presence at the time of check-ups in the entity under supervision.

6. Those being checked-up are obliged to make available any documents and give any explanations on matters within the scope of such check-up.

7. Labour offices staff are authorized to perform supervisory check-ups without prior notice. The controllers are obliged to present their service identity card and authorization paper.

Article 61

2. The police organs, in case of substantiated need and in order to ensure the safety of the controllers are obliged, on application by relevant labour office, to rendering appropriate assistance.

3. The Council of Minister defines, by order, the organization and modalities of control procedures by labour offices and the principles of co-operation with other organs.

Article 62

CHAPTER 9 - RESPONSIBILITY FOR BREACHES OF THE PROVISIONS OF THE LAW

Article 63

2. Subject to the same fine is the unemployed person who took up employment, other gainful work or income-giving occupation, and failed to notify the labour office concerned.

Article 64

2. Subject to the same fine is the foreign national not in possession of the permanent residence card or refuge status in the Republic of Poland who took up employment or other gainful work without the consent of the director of the voivodship labour office concerned.

Article 65

Subject to the same fine are persons who, engaging in labour exchange services or referral of Polish citizens to employment abroad by foreign employers:

(1)receive additional fees not mentioned in Article 47 para 2 item (8) from unemployed persons or other job seekers, or

(2)obtain profit.

Article 66

(1)fail to fulfil the duty of making contributions to the Labour Fund or makes them in time other than set forth by the provisions of the law

(2)fail to report the data set forth in the provisions of the law or reports untruthful data affecting the level of contributions to the Labour Fund or gives in the scope of the above, untruthful explanations or refuses to give them

are subject to fine.

Article 67

CHAPTER 10 - AMENDMENTS TO THE REGULATIONS IN FORCE

Article 68

Article 69

Article 70

Article 71

CHAPTER 11 - TRANSITIONAL PROVISIONS

Article 72

2. The re-award of the right to benefit for the supplementary period, mentioned in para 1, takes place upon application filed by the unemployed.

Article 73

Article 74

2. In the event that in the area of the region of general government administration there more than one regional employment council, a new regional employment council shall be appointed on the principles defined in this law.

3. Until regional employment councils, mentioned in para 2, are the regional employment councils appointed in accordance with the heretofore regulations, shall continue to operate.

Article 75

Article 76

(1)Labour Office - the National Labour Office is meant

(2)head of the Labour Office - the Chairman of the National Labour Office is meant

(3)head of voivodship labour office - director of voivodship labour office is meant.

CHAPTER 12 - FINAL PROVISIONS

Article 77

Article 78