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03 March 2021
Blood donors awarded additional day off work
Additional carers' allowance availability period extended
National Labour Inspectorate's inspection plan for 2021
Quarantine after crossing national border under new rules
Register of contracts for specific tasks
Contribution to Company Social Benefits Fund in 2021
Next edition of industry shield
By no means do legislative efforts lose their momentum in the new year. Ongoing monitoring of the latest legislative changes is an essential part of HR departments' work. To help employers, this article highlights the most significant legislative changes so far in 2021.
From 26 January 2021 honorary blood donors who donate blood or blood components, including plasma on recovery from COVID-19, are entitled to an additional day off work with pay. The time off work includes the day on which blood is donated and the immediately following day. Thus, employees cannot elect which days they will not work. This type of absence from work should be marked in the working time records as an excused absence from work. Eligibility for an additional day off work extends to all honorary blood donors and not only those who have recently recovered from COVID-19.
The Personal Data Protection Office holds that certificates from blood donation stations should not be copied by employers or stored as part of the working time records; they should be presented for inspection only. The changes apply only during the state of epidemic emergency or the state of epidemic.
Due to the continuation of the restrictions, the Council of Ministers extended the additional carers' allowance availability period until 14 February 2021. The group of people eligible for the allowance has not changed. The additional carers' allowance is granted to the parents of children up to the age of eight years if they must provide personal care for a child due to the closure of a nursery, children's club, kindergarten, school or other institution attended by the child.
The National Labour Inspectorate announced that in 2021 it intends to carry out 52,000 inspections. Most inspections (as many as 6,470) have been scheduled to take place in Katowice. The action programme for 2021 highlights many new regulations and requirements established under the anti-crisis shield, including with regard to:
In addition, during the scheduled inspections, the inspectors will check:
As the state of epidemic continues, the inspections will be carried out on a remote and hybrid basis.
Another amendment to the regulation on the establishment of certain restrictions, obligations and prohibitions in connection with the COVID-19 outbreak has established an additional exception, releasing persons crossing the Polish border from the obligation to undergo a 10-day quarantine. Under the new wording of the provisions, holders of a negative COVID-19 diagnostic test administered before they crossed the border will be exempt from the quarantine within 48 hours from receiving their test results. Such persons must submit the test results to the border guard officer in Polish or English. The general restrictions on foreign nationals entering Poland have been maintained.
From 1 January 2021, employers must inform the Social Insurance Institution (ZUS) about the conclusion of every contract for a specific task if:
Contracts for specific tasks should be submitted on the specific application form within seven days of their conclusion. Only contracts for specific tasks concluded after 1 January 2021 are subject to notification. At present, the obligation to notify the contract does not make it subject to social security contributions.
The rate of the contribution to the Company Social Benefits Fund in 2021 has not changed. Pursuant to the Act on Special Arrangements for the Implementation of the Budget Act in 2021 of 19 November 2020, the contribution to the Company Social Benefits Fund is calculated based on the average national monthly pay in the latter half of 2018 (ie, Zl4,134.02). Consequently, the basic contribution in 2021 totals Zl1,550.26.
On 1 February 2021 the Regulation of the Council of Ministers on Support for Businesses Adversely Affected by the COVID-19 Pandemic of 19 January 2021 entered into force. The regulation extends the list of Polish classification of activities (PKD) codes eligible for dedicated forms of aid and their availability period. Under the new provisions, the industry shield is available to businesses operating under the following PKD codes:
The industry shield provides several assistance measures geared towards industries most affected by the recent restrictions. Under the industry shield, businesses can apply for:
For further information on this topic please contact Agnieszka Fedor or Magdalena Krupska-Kacprzyk at Soltysiński Kawecki & Szlęzak by telephone (+48 22 608 7000) or email (email@example.com or firstname.lastname@example.org). The Sołtysiński Kawecki & Szlęzak website can be accessed at www.skslegal.pl.
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