How to find a job - Universidade de Vigo...Fonte de información: Data de consulta: 15-01-2012...

Fonte de información: http://ec.europa.eu/eures

Data de consulta: 15-01-2012

Información recompilada por: Emilia Seoane Pérez, conselleira EURES (EURopean Employment Services) e profesora da Universidade de Vigo

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POLONIA CONDICIÓNS DE VIDA E DE TRABALLO (VERSIÓN EN INGLÉS)

BUSCA DE EMPREGO

How to find a job

There are various methods of seeking work in Poland. An application (a CV and a letter of

application) sent directly to an employer increases the chances of employment. It is possible to

seek job offers through state employment agencies, non-state employment agencies, press

advertisements, and through the Internet.

Job seekers in Poland can use the employment-agency services of the District Labour Offices.

To use these services an unemployed person or a jobseeker must be registered with the

District Labour Office (the following are required: school certificates, work certificates and a

personal identification document). The majority of Labour Offices and the Centres of

Information and Professional Career Planning have computer terminals with Internet access at

their disposal, for their customers. There is also access to job advertisements in the press, both

local and national.

Non-state employment agencies, on the other hand, undertake the search and selection of

personnel for employers. This recruitment method is becoming increasingly popular, especially

in large urban centres such as Warsaw, Poznan, Cracow, etc. Agencies should maintain an

entry in the register of employment agencies. An agency may not charge any fee to persons

whom it assists in the search for employment, except for actual costs related to a work

assignment.

The most popular national Polish daily newspapers with job offers are: Gazeta Wyborcza

(‘Praca’ supplement on Mondays), Rzeczpospolita (‘Moja Kariera’ supplement on

Wednesdays), and Życie Warszawy (‘Praca I Nauka’ supplement on Wednesdays).

Furthermore, job offers are published in all local daily newspapers.

The internet is a rich source of information on jobs in Poland. It is possible to find there jobs

on offer at advisory services and at labour exchanges, as well as information on companies

offering jobs.




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Texto editado por última vez: 07/2011

How to apply for a job

An employer advertising a job vacancy usually requests a résumé (curriculum vitae) to be

submitted, containing the following information: personal information (name, surname,

address, contact telephone number, e-mail), information regarding professional experience

(work of any kind, work which helped the applicant gain experience relevant to the new

workplace), education and professional qualifications, as well as any additional skills.

The résumé should be as concise as possible and it should fit on one sheet (two sheets

maximum) of plain white A4 paper. Below the résumé the applicant should give his/her

consent to the processing of personal data, confirmed by the person’s handwritten signature,

and worded as follows: ‘I declare that I agree to storing and processing my personal data

insofar as it is necessary for the recruitment process (pursuant to the Personal Data Protection

Act dated 29.08.1997 as amended).’

The covering letter is another document that is required and this should state why the

applicant is applying for the particular job offer. It is rather more personal than the résumé.

Typically, it takes up one A4 page and must be signed in manuscript.

Sample résumés and covering letters may be found, for example, on the Internet site

www.psz.praca.gov.pl, tab ‘How to prepare for an interview?’, as well as on the Europass

website (link below).

A résumé and a covering letter may be delivered in person, by regular mail or by e-mail. The

employer includes the method of contacting the candidates in the vacancy advertisement.

The employer performs the initial selection of candidates on the basis of the documents

submitted and then conducts job interviews with the selected candidates.

http://www.psz.praca.gov.pl/




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Small businesses and work providers employing between several and a dozen or so workers

usually do not require any applications (CVs and covering letters) to be submitted and

candidates are recruited as a result of a direct meeting with the employer.


TRASLADO A OTRO PAÍS

Finding accommodation

It is possible to look alone for apartments for rent and for sale, by reading newspaper ads as

well as Internet ads, by placing own ads in newspapers and in Internet portals, and by using

property agencies. Using property agencies increases the cost of the accommodation search by

the amount of the agency’s commission to be paid. In the case of rent, this commission is

usually equivalent to a monthly rent, while in the case of purchase, it amounts to approx. 2-3%

of the apartment’s price.

Rent to be paid for an apartment depends on the location, standard and size of a dwelling The

most expensive are apartments in Warsaw and in other large cities – rates for renting a studio-

type apartment are from PLN 1300 to PLN 2000 (charges for utilities not included).The smallest

apartments are relatively the most expensive. Charges for gas, electricity, heating and water

are usually not included in the rent.

Apartments in Poland may be purchased using primary (new) or secondary (used) property

market offers.

When it comes to the primary market, the apartments in the shortest supply are two-room

apartments with a surface area of approx. 40-55 m2. If someone is looking for an apartment by

him/herself, he or she should go to a selected building developer’s sales office, check the legal

issues associated with the investment, check the land register, as well as check the National

Court Register to make sure that the company holds a building permit and that it is not

bankrupt, etc. In the case of new apartments, the price depends on the housing standard of a




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building, the location of the building investment itself and of the particular apartment. The

prices of apartments are lower in smaller urban centres.


Finding school

The local educational authorities maintain lists of public nurseries and schools in particular

regions. Lists of non-public institutions are available from local government educational

authorities. Lists of public schools and education institutions are published on the website of

the Ministry of National Education.

Primary and lower secondary schools are divided into catchment areas – the parents register

their children with schools within their residential districts.

The school year comprises approx. 185 days between September and June and is divided into

terms, and in adult education establishments into two semesters . School education takes

place 5 days a week. In adult education establishments learning takes place full-time (3 or 4

days per week) or part-time (2 days every 2 weeks).

As a result of an amendment in March 2009 of the Education System Act, changes were

introduced to some of the provisions, which refer to educating students who are not Polish

citizens. The education payment for secondary education students who are not Polish citizens

has been abolished.

Persons who are not Polish citizens are entitled to education and care in public kindergartens,

and subject to compulsory education, they shall have access to education and care in public

primary schools, lower secondary schools, and public art schools, as well as other education

institutions, including art institutions, on the same terms as Polish citizens.

Persons who are not Polish citizens and are subject to compulsory education have access to

education and care in public secondary schools on terms applicable to Polish citizens up to the

age of 18 or when they have completed secondary school.




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These persons are entitled to additional, free of charge, Polish language classes, as well as to

remedial instruction in school curriculum subjects and to assistance provided by persons using

the students’ mother tongue, employed by the school as a teacher’s assistant.

A school may also organise the teaching of the mother tongue and of culture of the

abovementioned persons.


Taking a car with you (includes information on driving licences)

The implementation of the principle of free movement of people, is one of the

cornerstones of our European construction, has meant the introduction a series of

practical rules to ensure that citizens can travel freely and easily to any Member State of

the European Union. Travelling across the EU with one’s car has become a lot less

problematic. The European Commission has set a series of common regulations

governing the mutual recognition of driving licences, the validity of car insurance, and

the possibility of registering your car in a host country.

Your driving licence in the EU

There is currently no common EU driving licence in place, but the EU Member States

have introduced a “Community Model” driving licence. This common model ensures

that driving licences issued by different EU countries are easily recognised in other

Member States. A principle of mutual recognition is generally applied. The licence is

issued in accordance to national law, but should incorporate provisions concerning the

Community Model, such as the basic conditions to be granted a licence.

Old driving licences issued before 1996 do not have to be exchanged for the new

Community Model driving licence and remain valid until their expiration.

If an EU citizen takes up residence in another Member State, it is not necessary to

exchange the driving licence, although many often do for practical reasons. Also, some

Member States require that additional data be entered onto the licence to fulfil certain

administrative requirements.

In the event of expiry, loss or theft, a new driving licence can be issued in the Member

State of residence, in accordance to national conditions. Citizens should contact the

competent authorities.

Registering your car in the host country




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In the event you reside in another EU Member State and drive your car there for more

that six months, you will be obliged to register the car with the local authorities and pay

the host country’s registration tax.

Car Insurance

EU citizens can insure their car in any EU country, as long as the chosen insurance

company is licensed by the host national authority to issue the relevant insurance

policies. A company based in another Member State is entitled sell a policy for

compulsory civil liability only if certain conditions are met. Insurance will be valid

throughout the Union, no matter where the accident takes place.

Taxation

Value Added Tax or VAT on motor vehicles is ordinarily paid in the country where the

car is purchased, although under certain conditions, VAT is paid in the country of

destination.

More information on the rules which apply when a vehicle is acquired in one EU

Member State and is intended to be registered in another EU Member State is available

on the link "Motor vehicle tax".

Registration procedures and residence permits

EU/EEA/Swiss nationals can enter Poland with a valid travel document or other valid

identification document confirming their citizenship. Family members of EU/EEA/Swiss

nationals who are not citizens of these countries can enter Poland with a valid travel document

and a visa, if required.

If an EU/EEA/Swiss national resides in Poland for more than 3 months, he/she is required to

register his/her stay and any family member who is not an EU/EEA/Swiss national is required

to obtain a residence card for an EU citizen’s family member which is issued for a period of

5 years. Applications should be submitted in person to the competent regional governor, at

the place where he/she is residing, no later than on the day following the end of the 3rd

month from the date of arrival. The regional governor issues a residence registration certificate

for the EU/EEA/Swiss national. A fee of PLN 1 is payable for the issue of a residence

registration certificate of an EU family member. The fee for the issue of a residence card for a

UE national family member is PLN 30.




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After a continuous period of residence of 5 years on Polish territory, an EU/EEA/Swiss national

obtains a right of permanent residence. A family member obtains a right of permanent

residence after a continuous period of residence of 5 years on Polish territory with an

EU/EEA/Swiss national. A competent regional governor at the place of residence issues a

document confirming the right of permanent residence for the EU/EEA/Swiss national who has

obtained the right of permanent residence, if he/she applies for said document in person. The

EU/EEA/Swiss national’s family member is required to apply to the regional governor in

person, in order to obtain a permanent residence card for the EU citizen’s family member. The

application must be submitted before the residence card expires.

Fees of PLN 30 are payable for the issue of documents confirming the right to permanent

residence and for the issue of a permanent residence card of an EU national family member.


Checklist for before and after you arrive in a country

It is advisable to do the following before coming to Poland:

1. Use the services of the national EURES advisor or contact the Polish EURES staff, preferably from the region where you seek employment. This allows you to obtain information about the job market, job offers and living and working conditions in Poland. The contact information for EURES staff can be found on the European Job Mobility Portal website and the Polish EURES website.

2. Check the information on the recognition of your qualifications in Poland. In order to do this, you should contact the Office for Academic Recognition and International Exchange.

3. Find employment (or at least begin searching for a job) and information on the employers that you plan to contact after you arrive. Check the conditions offered and ensure they meet your requirements if you find employment.

4. Obtain a European Health Insurance Card because it guarantees access to healthcare services in case of accident or sickness and purchase accident insurance or private health insurance (optional).

5. Prepare a set of documents, including: valid identification document, birth certificate, all agreements and correspondence with the employer, documentation concerning previous employment, education, courses and additional qualifications, as well as references translated into Polish.




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6. Find accommodation. Offers of properties for rent and for sale may be found via the Internet, in local papers, or in property agencies.

7. Ensure you have enough financial resources to support yourself until your first pay cheque.

It is advisable to do the following after arriving in Poland:

1. Meet the employer to ensure the previous conditions related to employment or a job interview are still valid.

2. Open a bank account (in order to be eligible to do so, a foreign national must have full legal capacity, be employed by an entity located in Poland or receive a pension, a retirement pension or a scholarship). When opening a bank account, apart from an identification document, an employer’s certificate of employment in a country or a document confirming a pension, a retirement pension or a scholarship is required.

3. Citizens of EU/EEA countries are not required to hold a work permit but if their period of residence exceeds 3 months, they must register their stay in Poland. To this end, they need to visit a Region Office.

4. Apply for a Tax ID No (NIP) to the competent taxation office governor at the place of residence in Poland.

5. If the period of residence exceeds 2 months, you may also apply for a Personal ID No (PESEL) to the Department of National Registers in the Ministry of Internal Affairs and Administration. The Personal ID No will become the second means of identification, after the Tax ID No., and it will replace the passport series and number.

6. Register with your chosen local clinic and choose a general practitioner. In order to do so, you should contact a local branch of the National Health Fund (NFZ).


CONDICIONES DE TRABAJO

Kinds of employment

An employment contract may be concluded with a person aged 18. Persons aged 16 - 18

(underage) may also be hired.

The basis for employment is an employment contract, which may be concluded for an

indefinite period, a definite period or a period for completing a specified job. Each of the

above agreements may be preceded by an employment contract for a probationary period not

exceeding 3 months.




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The most frequent type of employment contract in Poland is the full-time employment

contract for an indefinite period. However, more and more employment contracts for a

definite period have been concluded recently. Two entities are allowed to conclude only two

agreements if the interval between the termination of the previous agreement and the

conclusion of the following employment contract does not exceed a month. The conclusion of

another (third) agreement between these parties is legally equivalent to concluding an

agreement for an indefinite period.

Agreements concluded for a definite period which concern seasonal work or replacement for

an absent employee are not subject to such restrictions.

At the same time, for employers who are entrepreneurs (natural or legal persons as well as

shareholders of partnerships involved in business activities), regulation by the Code of

contracts for a definite period has been temporarily suspended pursuant to the Act of 1 July

2009 on mitigating the effects of the economic crisis for employees and employers. In the

period of validity of the Act, i.e. from 22 August 2009 to 31 December 2011, the period of

employment on the basis of an employment contract for a definite period, or a total period of

employment on the basis of consecutive employment contracts for a definite period between

the same parties to the agreement, may not exceed 24 months. In such cases, an agreement

concluded less than 3 months before the previous contract for a definite period has been

terminated or expired is considered to be a subsequent contract for a definite period.

Therefore, employers – entrepreneurs may conclude an unlimited number of contracts for a

definite period with their employees, but they cannot exceed a period of 24 months.

Other types of non-standard forms of employment include:

part-time employment, which may not involve work and remuneration conditions less favourable than the same or similar type of work on a full-time basis;

Temporary work – the employee is hired by a temporary employment agency on the basis of an employment contract, solely for the purposes of working on a temporary basis for and under the direction of another business; a so called employer of the user. Temporary work may include work of a seasonal, periodical, or ad hoc nature, or as a replacement of the user employer’s absent employee;

teleworking is a type of work which can be regularly performed outside the workplace, by means of electronic communication, pursuant to telework legislation. The job can be of a teleworking character from the time it is commenced or it can be introduced later on during the employment. Both of these options are characterised by the




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freedom to choose telework, Legislation concerning telework contains employee guarantees associated with equal treatment and protection against discrimination in the event of undertaking work in the form of telework as well as protection against being refused the option to choose such a form of work.


Employment contracts

An employment contract is one of the bases for commencing employment. Other bases for

commencing employment include: an appointment, a nomination, the selection of a collective

work agreement. Bases for commencing employment other than an employment contract may

be used, if legal regulations so permit.

Work agreements are concluded in writing. If an employment contract is not concluded in a

written form, an employer must confirm a type of an agreement and its conditions for an

employee in writing on the day an employee starts work, at the latest.

An employment contract determines the parties to an agreement, the type of agreement, the

date of its conclusion and conditions of work and pay, and in particular: the type of work, the

place at which work is carried out, remuneration for the type of work, specifying pay

components and legal grounds for their establishment, whether the work is part-time or full-

time, and a start date.

Amendments to terms of employment contracts must be made in writing and may be

undertaken by the mutual agreement of the parties or by notice of an amendment by an

employer.

A mutual agreement that leads to the amendment of an employment contract may entail

substantial changes in the content of the employment contract with regard to the type of

work, its location, remuneration and working hours.

A notice of amendment to working terms or remuneration is carried out by an employer if

new conditions are offered to an employee in writing. In the case of an employee’s refusal to




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accept conditions offered in a notice of an amendment, an employment contract is dissolved

at the end of a notice period.

An employment contract may be dissolved by either of parties with a notice period, without a

notice period or on the basis of a mutual agreement.


Special categories

Employment of persons aged 16-18 (underage) takes place on the basis of separate work

agreements, concluded to prepare them for a profession or for purposes other than preparing

them for a profession. Employment of young workers is also allowed if it is light work.

Employment of persons aged below 16 is prohibited. Nevertheless, the Labour Code covers

exceptions to this rule.

Namely, work or other payable activities carried out by a child before the age of 16 is

permissible only for employers carrying on a business of the following nature: cultural, artistic,

sports, and advertising and requires a prior consent of a litigation friend, or the child’s legal

guardian, as well as the approval of the relevant work inspector.

Employment of young workers involves working time restrictions (e.g. their employment may

not involve working at night or overtime). Employment of young workers for prohibited works

specified by the relevant regulation is not permitted.

Women’s work is subject to a specific protection in connection with pregnancy and

motherhood:

an employer may not give notice or terminate an employment contract during pregnancy or maternity leave;

an employment contract concluded for a definite period which would be subject to cancellation after the third month of pregnancy is subject to extension until the day of childbirth;




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a pregnant employee may not work overtime or at night. without her consent, a pregnant employee may not be assigned to work outside of her regular workplace, or to work as part of an equivalent working time system .

Women in general may not be employed for works that are particularly arduous and

detrimental to their health, a list of which has been defined in a relevant order.

The rules for hiring disabled persons are regulated by the provisions of the Act on Vocational

and Social Rehabilitation and the Employment of Disabled Persons.

The working hours for a disabled person may not exceed 8 hours a day and 40 hours a week.

In the case of a disabled person with a severe or a moderate degree of disability, the

working hours may not exceed 7 hours a day and 35 hours a week. A disabled person must not

be employed at night or work overtime.

It should be noted that from 1 January 2012 the working hours of disabled persons deemed to

have a severe or moderate degree of disability will be 8 hours a day and 40 hours a week. This

does not mean that these persons will not be able to benefit from reduced working hours. In

this matter, the binding document will be a certificate from the examining doctor carrying out

preventive check-ups of employees or, in their absence, a doctor caring for that disabled

person, on the advisability of having reduced working hours.

The above principles are not applied to persons employed under care unless – at the request

of an employed person, a doctor carrying out preventive check-ups of employees, or, in their

absence, a doctor caring for that person – the contract expressly so stipulates.

A disabled person is entitled to a work break for rehabilitation, exercise or rest. The break

time is 15 minutes and this counts towards working time.

The application of working time rules for disabled persons does not result in a reduction in

remuneration, which is paid as a fixed monthly amount.

A person deemed to have a severe or a moderate degree of disability is entitled to additional

annual leave of 10 working days per calendar year. Such a person acquires the right to his/her

first additional leave after working for one year from the date of being certified for one of




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these degrees of disability. Additional leave is not due to a person entitled to an annual leave

of more than 26 working days, or to an additional leave due under separate regulations.

If the period of additional leave due under separate regulations is less than 10 working days,

then instead of this leave, a disabled employee is entitled to the additional leave defined in the

Act on Vocational and Social Rehabilitation and Employment of Disabled Persons, i.e. leave of

10 days.

A person with a moderate to severe degree of disability has the right to leave work, while

being entitled to receiving remuneration:

1. for 21 working days in order to participate in a rehabilitation treatment, no more than once per annum;

2. in order to have specialist tests, medical or therapeutic treatments, and also in order to obtain orthopaedic appliances or to have them repaired, provided that these are unable to be done outside of working hours.

The remuneration for the abovementioned work leave is calculated as a monetary equivalent

of holiday leave.

It is possible for a person deemed to have a severe or moderate degree of disability to be

employed by an employer who does not provide supported employment where the employer

adapts the workstation to the needs of the disabled person (the National Labour Inspectorate

carries out control in this regard), or employs such a person on a teleworking basis.

In order to obtain information about assistance in exercising their right within the scope of

employment and work conditions, disabled persons should contact the State Labour

Inspectorate, an institution appointed for controlling and observing the Labour Law, and

labour courts.





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Self-employment

Polish law covers a wide range of legal forms, enabling companies to choose between an

individual business activity, a private partnership, a partnership without a legal form and a

joint stock company. Factors determining the final decision with regard to the form include,

among others, requirements relating to initial capital, the scope of partners’ responsibilities

and formalities related to establishing an enterprise. An EU citizen may conduct a business

activity in Poland according to the same rules as a Polish citizen.

An individual business activity conducted by an individual:

A popular form of self-employment is conducting a business activity on the basis of an entry in

the business activity register. In order to conduct such an activity, an EU citizen should carry

out the following actions:

submit an application for entry in the business activity register at the city or commune office at the place of residence or the place of business activity. The application may be submitted personally, sent by registered post (in such case, it must be signed by the applicant and the signature must be certified by a notary), or sent in electronic form signed with an electronic signature (the form is available on the website of the town or municipality). The application to be registered in the business activity register is also an application to be given a REGON (business register), an application to be issued with NIP (Taxation ID number), and registration as a contributions payer with the Social Insurance Institution. The registering body provides the entrepreneur with a certificate of entry and forwards details to a Taxation Office nominated by the entrepreneur, a relevant Statistical Office, and to the Social Insurance Institution. The application for the entry to the register is free of charge. From 1 July 2011 the application may be submitted via the special nationwide website and at any municipality office, regardless of the place of residence or business activity;

obtain a company stamp which may be required for financial and banking purposes. It should include the following data: full company name, registered office and NIP;

open a company bank account – entrepreneurs in Poland are not required to hold a bank account. However, having a bank account is required for larger financial transactions and it facilitates formalities in different offices. The following documents are required when opening an account (this depends on the requirements of specific banks): ID card, up to 1 July 2011 a copy of the certificate of entry into the business activity register (including the original for validation), sometimes a copy of the certificate of being issued with REGON (including original for validation), sometimes a business stamp. The Tax Office should be informed about the opening of an account.

select a taxation method at the Taxation Office prior to the commencement of the business, and no later than on the day the business commences. This may be done by completing an appropriate form and delivering it to the Taxation Office designated for




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the area where the business will operate from or sent it by post. . The following taxation methods are available: fixed tax amount, fixed tax on revenue, revenue and expense ledger, and full accounting. The Taxation Office must also be informed whether the business will be registered for VAT. After 1 July 2011 it will be possible to make the choice of taxation method in the application for entry into the business activity register;

inform the city or commune office about the building where a business activity will be conducted for the purpose of paying property tax.


Remuneration

The rules and procedures for determining the amount of minimum pay are specified in the Act

on Minimum Pay for Work dated 10 October 2002 (Journal of Laws No 200, item 1679, with

subsequent amendments).

The amount of minimum pay is determined every year by means of negotiations during the

forum of the Tripartite Commission for Social and Economic Affairs. Each year, the amount of

minimum pay for the subsequent year is specified before 15 September.

As of 1 January 2011, the gross amount of minimum pay is PLN 1,386. After deduction of

contributions for social insurance, personal income tax and health insurance, the remaining

net amount is approx. PLN 1032. The above amount of minimum pay is the monthly pay for a

person in full-time employment. In the case of part-time work, the amount is proportionally

smaller.

The amount of minimum pay includes all remuneration components, except: remuneration

for overtime, long-service bonus, a retirement or pension gratuity, and payments from profits

and balance surpluses and additional annual remuneration in the public sector. If an

employee’s remuneration in a given month is lower than the statutory amount of minimum

pay due to different periods of payment of remuneration components or a working time

schedule, the employee is entitled to compensation which is paid together with the

remuneration. The employer is entitled to make an employee’s remuneration lower than the




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statutory minimum, but only in the employee’s first year of employment. The amount of this

remuneration may not be lower than 80% of the statutory amount of minimum pay.

The remuneration systems of individual employers vary. Conditions for remuneration of work

and granting other work-related benefits determined by entrepreneurs are governed by the

following: collective work agreements (institutional or supra-institutional – concluded by

employers with active trade union organisations), remuneration regulations (for employers

hiring at least 20 employees without a collective work agreement) or employment contracts.

The employer is required to issue and maintain personnel records (lists) detailing the

remuneration paid for work and other work-related benefits for each employee individually. At

an employee's request, an employer is obliged to permit inspection of the documents on

which the calculation of their pay has been based.

Payment of remuneration is made in a pecuniary form. Part-payment of remuneration in a

non-pecuniary form is allowed only when it is permitted by the Labour Law, regulations or by a

collective work agreement.

Remuneration for work must be paid at least once a month, on a fixed basis and established in

advance but no later than during the first 10 days of the following calendar month.

Payment of remuneration may be made to an employee in a manner other than in person,

e.g. it may be paid into a bank account if an employee has previously given his/her written

consent, or if a collective work agreement specifies such a method.


Working time

In Poland, working hours may not exceed 8 hours per day and an average of 40 hours in a five-

day working week. This is calculated within an accepted reference period, not exceeding

4 months.




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In some working-time systems a 24-hour period of working hours may be extended. A weekly

working time, including overtime, may not exceed 48 hours on average in an accepted

accounting period.

Every employee is entitled to an uninterrupted rest of 11 hours in every 24-hour period and

35 hours in every week.

Work on Sundays and public holidays is allowed in the cases specified by the Labour Code,

e.g. shift work, transport and communications, the performance of jobs necessary in terms of

social utility and the daily needs of the population. Furthermore, no work is allowed in retail

outlets on public holidays.

An employer is obliged to provide an additional work-free day to an employee performing

work on Sundays and during holidays. Such an employee should have a work-free Sunday at

least once in 4 weeks.

Night-time encompasses 8 hours between 9pm and 7am. An employee carrying out night

work is entitled to additional remuneration for each hour of such work.

Work during overtime hours is the work carried out beyond an employee’s statutory working-

time limits, as well as the work carried out beyond an extended 24-hour working-time limit in

the case of a necessary rescue operation, in order to protect human life or health, to protect

property or the environment, or to repair a breakdown, or in the case of specific employer

requirements.

The number of overtime hours worked in connection with specific employer requirements

may not exceed 150 hours in a given calendar year for an individual employee.

Performance of overtime is compensated by additional remuneration or by time off in lieu.





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Leave (annual leave, parental leave etc)

The types of leave are as follows: annual leave, maternity leave, paternity leave, parental

leave, and training leave.

Annual leave

An employee is entitled to the first annual leave (at the rate of 1/12 of holiday leave

entitlement following a year of employment) after the end of the first month of work. He/she

acquires the right to consecutive annual leave after each calendar year of work. Annual leave is

20 days if a worker has been employed for less than 10 years, or 26 days if a worker has been

employed for at least 10 years. The period of employment on which the length of annual leave

depends also includes the period of education in a post-primary school. Under annual leave

entitlement, an employer is obliged to grant an employee a leave on request (not more than 4

days in a calendar year) within the period indicated by an employee.

An employer grants annual leave to an employee in the calendar year in which the employee

obtained the right thereto. Leave not used should be granted to an employee before the end

of the first quarter of the next calendar year. If the employee does not use his/her annual

leave before the day on which the employment contract is terminated, the employee is

entitled to a pecuniary equivalent.

Annual leave for a young worker

After 6 months from the start of their first job, young workers are entitled to annual leave of

12 working days. After a year of work, young workers acquire the right to annual leave of 26

working days. However, young workers are entitled to annual leave of 20 working days in the

calendar year in which they turn 18, if they obtained leave entitlement before turning 18.

Young workers attending school should be granted leave during school holidays. If they so

request, young workers who have not obtained an entitlement to leave may be granted

advance leave by their employer during school holidays.

Maternity leave




19

An employee is entitled to maternity leave of 20 weeks with the birth of one child per delivery,

31 weeks with the birth of two children per delivery, 33 weeks with the birth of three children

per delivery, 35 weeks with the birth of four children per delivery, and 37 weeks with the birth

of five or more children per delivery.

After utilising 14 weeks of maternity leave, a female employee can transfer the remaining

entitlement to a working father caring for the child.

Additional maternity leave

From 1 January 2010, both the female employee as well as the male employee –father caring

for the child – are entitled to receive additional maternity leave. This leave is optional as

opposed to the compulsory maternity leave.

The extent of the additional maternity leave will be gradually increased and will amount to:

in 2010 and 2011

up to 2 weeks – with the birth of one child per delivery; up to 3 weeks – with the birth of two or more children per delivery;

in 2012 and 2013

up to 4 weeks – with the birth of one child per delivery; up to 6 weeks – with the birth of two or more children per delivery.

Paternity leave

From 1 January 2010 a male employee – father caring for a child, is entitled to paternity leave.

The father of the child is entitled to such a leave, but no longer than when the child turns

12 months old. However, in the case of an employee adopting a child, this 12-month period

will be counted from the date that the adoption ruling is in force, no longer than until the child

turns 7 years old, and in the case of a child for whom a decision delaying compulsory schooling

was made, no longer than until the child turns 10 years old.

The extent of paternity leave will be gradually increased and will equal:




20

in 2010 and 2011 – 1 week. from 1 January 2012 – 2 weeks.

Parental leave

Parental leave can be taken for up to 3 years, but only until a child turns 4. To benefit from

parental leave, an employee must have been employed for a period of at least 6 months.

Training leave

An employee who improves his/her professional qualifications on the initiative of the

employer or with the employer’s consent is entitled to training leave, according to the rules

specified in the Labour Code.

Sunday and the following public holidays are days off: 1 January, 6 January, Easter Sunday,

Easter Saturday, 1 May, 3 May, Whit Monday, Corpus Christi Day, 15 August, 1 November,

11 November, 25 December and 26 December.

There are numerous circumstances for granting work leaves. The most frequent include:

inability to work due to sickness, medical examinations, the need to take care of a child,

personal or family events, such as a wedding or funeral.


Ending employment

The ending of a working relationship takes place as a result of its cancellation or expiry. An

employment contract may be dissolved via a mutual agreement, with a notice period or

without a notice period. Fixed-term agreements are dissolved when the period for which they

were concluded ends or on the day the work for the completion of which they were concluded

is completed.

Terminating employment contracts by means of notice or without the period of notice should

be done in writing.




21

In the case of an employer giving notice relating to a employment contract for an indefinite

period, the employer is obliged to inform the trade union organisation representing the

employee, in writing, of their intention to give notice relating to the employment contract and

to provide the reason, giving grounds for the cancellation of the agreement. Also, the

employer is obliged to state the reason for the notice given to the employee; this statement is

to appear on the written notice, as well as an instruction regarding the employee’s right to

appeal in a labour court. An employment contract concluded for an indefinite period, a

probationary period or for a definite period (in exceptional cases, if the conditions included in

the Labour Code are met) may be dissolved following notice.

The notice period for an employment contract concluded for an indefinite period depends on

the period of employment with a given employer and is 2 weeks, 1 month or 3 months. The

notice period for an employment contract concluded for a probationary period is 3

working days, 1 week or 2 weeks. The notice period for an employment contract concluded for

a definite period is 2 weeks, if, when concluding this agreement for a period exceeding

6 months, the parties anticipated the possibility of earlier termination of this agreement

following notice. The notice period for an employment contract concluded for a definite period

for the purpose of replacing an employee during the period of their justified absence is 3

working days.

In Poland, there are also individual regulations regarding the cancellation of working

relationships for reasons not related to employees. These govern the methods of carrying out

group and individual redundancies and cover employers with 20 or more employees.

The employer’s declaration regarding the termination of an employment contract without

notice should indicate the reason justifying the termination of this agreement, as well as

instructions regarding an employee’s right to appeal in a labour court. Termination of an

agreement without notice by an employer may be the fault of an employee, particularly in the

case of a serious violation by an employee of his/her basic work duties. Moreover, an

employer may terminate the agreement without notice in the case of an employee’s long-term

inability to work due to sickness.




22

An employee may cancel an employment contract this way, if it is proven that the work

performed has a detrimental influence on his/her health, and that an employer will not

transfer him/her to a suitable alternative job, and also when an employer permits a serious

violation of the basic duties towards an employee. Expiry of a working relationship occurs

automatically, under the law, in cases defined in the Labour Code and in specific regulations

(e.g. in the case of the death of an employee or an employer).


Representation of workers

In Poland, workers are represented by trade unions and boards of workers. Trade

unions operate on the basis of the Act on Trade Unions dated 23 May 1991. A trade

union organisation operating at the premises of an employer may be institutional or

suprainstitutional. A trade union can be established by a group of at least 10 employees

and it is up to them to decide which employees (categories, groups) the union will

represent. Membership of a trade union is voluntary. No individual may suffer any

negative consequences as a result of belonging to a trade union. Trade unions represent

both group and individual rights and the interests of employees. When it comes to group

rights and interests, trade unions represent all employees (e.g. they conclude collective

work agreements and other agreements, they determine work regulations, remuneration

rules and an institutional social benefit fund). In individual cases relating to a working

relationship, an employee may be represented by a trade union, if he/she is a member of

it, or if a trade union organisation of his/her choice agrees to defend his/her employee

rights (e.g. trade unions offer their opinion on the intended notice or termination of an

employment contract with an employee).

Employee Boards act on the virtue of Act dated 7 April 2006, on informing employees

and conducting consultations with them; for employers who carry out business activities

with at least 50 employees. Boards are elected by the employees. They have the right to

obtain information about an employer’s business and economic situation and to conduct

consultations concerning the status, structure and planned changes of employment, as

well as actions resulting in the modification of a work organisation or employment

bases.





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Labour disputes - strikes

The legal basis of the Polish system for resolving collective disputes is the Act on Resolving

Collective Disputes dated 23 May 1991. The subjects of a collective dispute include: work

conditions, pay, social benefits, as well as trade union rights and freedoms. A collective dispute

may not concern individual employee claims which should be pursued in a court. If a dispute

involves the content of a collective agreement or of any other agreement in which a trade

union is an interested party, a dispute in which an amendment to an agreement or

understanding is requested may not be initiated and conducted before the original agreement

or understanding are terminated. Collective disputes are carried out by trade unions with an

employer or employees.

Disputes are resolved in the following stages: negotiation, mediation, arbitration, and a strike.

The first two are obligatory, while arbitration is optional.

Any person appointed by the two parties to a dispute or a person from the list of mediators,

which is maintained by the minister responsible for labour issues, can act as a mediator in a

collective dispute. In 2010 there were 342 disputes registered in Poland by the National Labour

Inspectorate. The Ministry of Labour and Social Policy registered 75 disputes, from which 73

were assigned mediators listed with the Minister of Labour.

The ultimate recourse is a strike. The decision to begin a strike should take into account the

ratio of demands to likely losses. The proclamation of a strike should be preceded by a

referendum among the staff of a given workplace. An employee is not entitled to

remuneration for the period of a strike.

Polish legislation does not provide for a lockout.





24

CONDICIONES DE VIDA

The political, administrative and legal systems

Poland is a republican state with a parliamentary democracy and a parliamentary cabinet

system. The principles of the country’s operation are specified in the Constitution, which is the

supreme legislative act. Poland uses the system of statutory laws and the basic form of

legislation is an act.

The political system in Poland is based on a tripartite division of power between the

legislative, executive and judicial authorities.

Legislative power is exercised by a two-chamber parliament (the lower chamber, or the Sejm,

consisting of 460 Members of Parliament, and the Upper Chamber, or the Senate, comprising

100 senators), appointed by general election for a 4-year term. The Sejm enacts laws and

controls state bodies, including the Council of Ministers. The Supreme Control Chamber, being

the highest state control body, is subordinate to the Sejm. The main function of the Senate is

the creation of Polish law together with the Sejm. The elections include a system of

proportional elections to the Sejm and a system of majority elections to the Senate. The

elections to the Sejm in Poland require that parties obtain 5% of the vote and that coalitions

obtain 8% of the vote.

4 Parliamentary and Parliamentarians’ Clubs operate in the current Sejm and Senate: Civic

Platform Club (PO), Law & Justice Club (PiS), the Left and Democrats Club (SLD) and Polish

Peasant Party Club (PSL).

Executive power lies in the hands of the Council of Ministers and the President. Domestic and

foreign policy is conducted by the government – the Council of Ministers, the work of which is

headed by the Chairman of the Council of Ministers (Prime Minister). The Council of Ministers

coordinates and controls the work of the government administration. The Chairman of the

Council of Ministers supervises local governments and is the official head of government

administration employees. The President appoints the Prime Minister, who proposes

ministers. The President is the highest rank among the representatives of the Republic of




25

Poland and is elected for a 5-year term in office by general election. The President supervises

the observance of the Constitution and is the supreme head of the Armed Forces.

Judicial power is exercised by independent courts and tribunals, headed by the Supreme Court

and the independent State Tribunal and the Constitutional Tribunal. The Supreme Court

supervises the functioning of common and martial courts and it is the highest instance of

appeal from the verdicts of courts of lower instances. The functioning of public administration

is controlled by the Supreme Administrative Court and other administrative courts. The

Constitutional Tribunal adjudicates in matters of the conformity of acts and international

agreements, as well as the aims and the functioning of political parties, to the Constitution. It

also resolves competence disputes between central constitutional state bodies. The State

Tribunal adjudicates in matters relating to the constitutional responsibility of the highest state

officials, such as the President of the Republic of Poland, the Chairman of the Council of

Ministers and the members of the Council of Ministers.

Since 1999, a three-level territorial division of Poland has been in force, comprising: 2,479

communes, 379 districts and 16 Regions (provinces). The communes and districts are links in

the chain of local governments. The commune is the smallest unit of an administrative division

in Poland, while the Regions are governmental, self-governing areas. The Regional Governor

represents the government in his/her Region. The Marshall, on the other hand, is the most

important representative of the regional government. Councils are the local government

bodies that exercise power and are responsible for supervision. Their main responsibilities

include: preparing local legislation, passing the budget, and imposing local taxes and charges.

The elections to commune councils, district councils and regional councils are common, equal

and direct, carried out by secret ballot.

The public employment services in Poland comprise employment authorities and District

Labour Offices (341 offices), Regional Labour Offices (16 offices and their branches), office of

the minister responsible for labour issues, as well as Regional Offices. The general policy of the

labour market is determined at national level but the labour offices, both district and regional,

have a choice of options at their disposal to supplement it, in order to satisfy local needs. The

public employment services play an important role in increasing the opportunities of the

unemployed and jobseekers to find employment. They provide services such as job placement,




26

career counselling, help in active job seeking, as well astraining. They also carry out

employment subsidisation programmes. In principle, all direct actions aimed at the getting the

unemployed back to work are performed by District Labour Offices through registrations, job

placement service, the provision of career counselling and professional information, active job

seeking, training, etc. Unemployment benefits are also paid, as well as the acquisition and

management of funds for preventing unemployment and acting in the local labour market.


Incomes and taxation

Income obtained by natural persons is subject to personal income tax. If, in a given tax year, a

taxpayer has income from more than one source, tax is based on the total from all sources of

income in the country and abroad. The Income Tax Act allows the exemption of certain

incomes from tax, including income from abroad, if there is an appropriate international

agreement, to which the Republic of Poland is a party. Taxable income is the taxpayer’s

revenue less the cost of obtaining the revenue and social insurance contributions. The cost of

obtaining revenue is fixed for some income sources, e.g. for persons employed in one

workplace and not travelling to work, the revenue from the working relationship is fixed at

PLN 1,335 annually.

For other sources, the cost of obtaining revenue is established using a special rate with regard

to the revenue obtained by a taxpayer. A rate of 20% is used in the case of purchase

agreements, and 50% in the case of revenues from copyrights. The act regulating the principles

of personal income tax also allows for the application of the actual costs incurred. The

deadline for paying personal income tax is 30 April in the year following the tax year or, if this

date is on a Saturday or Sunday, 2 May. For corporate income tax, this date is 31 March.

There are two taxation thresholds in the Polish personal tax system. If the income does not

exceed PLN 85,528 then tax is equal to 18% of the base calculation less the sum of PLN 556.02.




27

This is linked to a tax exemption of PLN 3089.00, which is in force in the Polish tax system. If

the base for tax calculation is more than PLN 85,528, the tax is PLN 14,839.02 + 32% of the

excess above the sum of PLN 85,528. There is also the possibility of joint taxation of income for

spouses and a preferential taxation of income for single parents.

Persons running a non-agricultural business as sole traders can choose their taxation basis.

The taxpayer can decide whether he/she wants to be taxed on a progressive taxation scale and

to take advantage of a joint accounting of their income, together with their spouse, and to use

their tax reliefs. They can also decide to be taxed on a linear 19% income tax basis, but without

the opportunity of using tax reliefs and without the joint accounting of the spouse’s income.

Individuals working in Poland must pay the following social insurance contributions, which are

calculated on gross income. A retirement contribution (19.52% payable in equal parts by both

the employer and employee), a pension contribution (6%, of which 1.5% is payable by the

employee and 4.5% by the employer), a sickness pay contribution (2.45% payable by the

employee in full), although the accident contribution (0.67-3.33%) is payable by the employer.

The Labour Fund contribution (2.45%), and the Guaranteed Employee Benefits Fund

contribution (0.10%) is payable by the employer. The annual base for calculation of

contributions to retirement and pension insurance may not exceed 30 times the planned

average monthly income. Working persons must also pay health insurance contributions,

which amounts to 9.00% of their income, 7.5% of which is financed from the income tax

payable by the employee.


Cost of living

Over the past few years, the spending structure of Polish households has approached that of

the West European model. In developed countries, where households have a higher income

than in developing countries, so-called fixed expenses (i.e. for essential goods – food and non-

alcoholic beverages, housing and energy) consume a relatively small part of the household

budget. Rising incomes allow Poles to buy more and better-quality goods. However, the




28

spending structure of Polish households, where spending on essentials consumes a significant

part of the budget, shows that there is still a gap between Poland and the developed countries

of Western Europe.

In 2009 food spending accounted for 25.1% of total household expenditure (0.5 percentage

points less than in 2008). The decrease of this category in comparison with total expenses is a

visible trend that has lasted many years, although EU-15 households still had, on average, a

twice lower proportion of expenditure on food and non-alcoholic beverages in comparison to

total expenses. A significant item in Polish household budgets was expenses for housing and

energy – 19.6%. Compared to the previous year, in 2009 there was an increase in the costs of

housing and energy, and this consequently also resulted in an increase of the share of these

expenses in the household budget by 0.7 percentage points. Finally, in 2009, fixed expenses

accounted for more than 46% of total expenses, down by 4 percentage points compared to

2000.

The basket of goods of Polish households does not change a lot from year to year. However,

when looking back a few years it can be seen that the decrease in food and housing expenses

has been accompanied by a gradual increase in consumption of so-called luxury goods.

Spending increased for the following: recreation and culture (8% in 2009, up by 1.2 percentage

points compared to 2000), restaurants and hotels (2.17% respectively, up by 0.8 percentage

points) and other expenses (1.6%, an increase of 0.8 percentage points).

The proportion of expenditure on some goods in the last few years underwent minimal

fluctuations and, effectively, hovered around similar amounts. This was true for health-related

expenses, which in 2000-2009 were approx. 4.5-5% of total household expenditure, transport

expenses 8.5-10%, education expenses 1.2-1.6% and clothing and footwear expenses 4.9-5.4%.

The price level and related expenses varies depending on the place of residence, in particular

when comparing urban and rural areas. In relation to total expenditure, residents of large

cities (over 500,000 residents) spend the most, while those living in rural areas spend the least.

In absolute numbers, people in large cities spend considerably more (over one and a half

times) on categories such as education, recreation and culture, communications, health and

hotels and restaurants.




29


Accommodation

Citizens of E E A member states and Switzerland may purchase property in Poland without a

permit from the Minister of Internal Affairs and Administration, with the exception of

agricultural and forest property (a permit for their purchase is required until 1 May 2016).

From 1 May 2009 foreigners from EEA and Switzerland are not required to produce a permit to

acquire the so called second property. Polish legislation provides for extraordinary cases,

where an EEA citizen may purchase an agricultural property without a permit. EEA citizens may

purchase apartments throughout Poland without a permit from the Minister of Internal Affairs

and Administration. There are no restrictions of any kind on rent and lease of any type of

property by foreigners from EEA. The same rules as those applying to Polish citizens apply.

According to the Polish Civil Code, the purchase of all type of property requires an agreement

concluded in the form of a notarial deed in the presence of a notary. Meanwhile, a lease or a

rental agreement may be concluded by the parties in a standard written form. The website of

the Ministry of Internal Affairs and Administration, also available in English, includes the legal

acts (available in English) concerning the issues of purchasing property by foreigners (the act

on the purchase of property by foreigners, the Minister of Internal Affairs and

Administration’s order on the detailed information and types of documents a foreigner is

required to submit when applying for a permit for the purchase of a property), as well as

information on the procedure for issuing permits by the Minister of Internal Affairs and

Administration. Stamp duty costs PLN 1,570. Information on apartments and houses for sale or

rent may be obtained in person, from property agencies, or it can be found on their websites.

The Ministry of Infrastructure maintains a central register of property experts, property agents

and property managers, where you can check whether a given agent has the right to conduct

business as a licensed property agent.

When purchasing an apartment, you can use the services of an agent or conclude an

agreement with a building developer or a cooperative. Most building developers demand the




30

first payment 3 to 7 days from the date of concluding an agreement. An agent should hold a

licence and current insurance. An agency agreement is a so-called ‘agreement of diligent

performance’, not an ‘agreement of result’. Thus, an agent undertakes e.g. not to find, but to

search for an apartment. There are two types of agreements: open and exclusive. The most

popular one is the open agreement, which is concluded with multiple agencies. It is concluded

for an indefinite period (until an apartment is found). It may be dissolved with one month’s or

two months’ notice. In the case of the exclusive agreement you may not use the services of

another agent and it is concluded for a definite period of time.

A rental agreement may be concluded for a definite period or an indefinite period. An

agreement for a definite period protects the interests of a tenant better – the owner may not

terminate such an agreement before the specified period ends, unless a tenant damages the

premises, disturbs the peace or does not pay the rent. In the case of an agreement concluded

for an indefinite period, the period of notice should be specified. The conclusion of the

agreement may be subject to the tenant's paying a protection deposit, which covers the

amount of rent which is due to an owner on the day the tenant vacates the premises. The

deposit may not exceed 12 times the monthly rent.


Health Systems

Today, there is a developed system of public and private social care and supplementary private

healthcare in Poland.

The following persons are entitled to receiving healthcare benefits financed from public funds:

1. Persons covered by a general (both mandatory or voluntary) health insurance (insured persons) with the National Health Fund (NFZ)

The following persons may be insured:

citizens of the EU or EEA member states, residing in the territory of the EU or an EEA member state, persons who do not have citizenship of the EU or an




31

EEA member state, and reside within the territory of the Republic of Poland on the basis of a visa in order to perform work, a residence permit for a defined period, with the exception of a permit issued pursuant to Article 53a(2) of the Aliens Act of 13 June 2003 (Journal of Laws No 234 of 2006, item 1694, as amended), a settlement permit, an EU long-term resident status permission, a permission for tolerated residence, or persons who have been granted a refugee status or subsidiary protection on the territory of the Republic of Poland or temporary protection on its territory.

persons who do not have citizenship of the EU or EEA member states, legally residing in the territory of the EU or an EEA member state,

if they are subject to mandatory health insurance or insure themselves voluntarily.

The following individuals are obliged to pay for healthcare contributions:

employees, persons employed on the basis of an Agency agreement or a

commission contract or any other agreement for the provision of services,

self-employed individuals, with the exception of persons who have ceased

operating a business, individuals receiving retirement or pension benefits, all

students, unemployed, persons who are in receipt of some social support

benefits or some family benefits.

a person residing in Poland can have voluntary health insurance by concluding

an agreement for voluntary health insurance with a provincial branch of the

NFZ that is competent for the place of residence of this person in Poland.

The family members of the aforementioned persons residing in the territory

of Poland or another EU or EEA member state are also insured if they are not

subject to mandatory health insurance in Poland and are not entitled to

healthcare benefits based on the Community rules on the coordination of

social security systems. Insured persons are required to add the following

family members to their health insurance (own child, adopted child, grandchild

– until they turn 18 years old, and if they are still in full-time education – until

they turn 26 years old; spouse; relatives of the insured who live in the same

household).

The following persons are also insured:




32

1. Students and PhD students who are studying in the Republic of Poland, and graduates who are undergoing a compulsory internship, who do not have citizenship of an EU Member State or a European Free Trade Association (EFTA) Member State.

2. Persons completing an adaptation period. 3. Persons undergoing a Polish language course and preparatory

courses for undertaking studies in Polish, referred to in legislation on higher education, who do not have citizenship of an EU Member State or a European Free Trade Association (EFTA) Member State.

if they insure voluntarily.

In accordance with the legal regulations in force every foreigner in order to be covered

by health insurance in Poland, must obtain a Personal ID No (PESEL), which all Polish

citizens possess.

2. Persons other than the insured, who have Polish citizenship and reside in the territory of Poland, and fulfil the income criteria described in social support legislation also children who have Polish citizenship and reside in Poland until they reach the age of 18 as well as women who are pregnant, in labour or lactating.

A healthcare system is based on the following principles: to guarantee insured persons

free access to health services and free choice of a service provider, equal treatment of

residents and social solidarity, obligatory payment of contributions to healthcare for

persons receiving a revenue, financing healthcare contributions from the state budget

for persons not receiving a revenue, and the use of private or public care for an

additional charge.

Insured persons (those named as insured and other persons covered) are entitled to

healthcare benefits aimed at the preservation of health, prevention of diseases and

injuries, early detection of diseases, treatment, nursing care, prevention and limiting

of disability. A detailed scope of these benefits is defined in ordinances issued by the

Minister of Health. Insured persons benefit from healthcare services provided by

service providers which have signed an agreement to provide such services with the

NFZ. The clear majority of healthcare institutions have such agreements. In the

situation where emergency healthcare services are rendered by a service provider




33

which did not sign an agreement with the NFZ , the insured person is entitled to

services which are indispensable.

An insured person also chooses his/her doctor, nurse or midwife in a basic healthcare

system by submitting a written declaration.

An insured person may use health services provided by the following specialists

without a referral from a GP: gynaecologists and midwives, dentists, dermatologist,

venereologists, oncologists, optometrist, psychiatrists, and health services for persons

suffering from tuberculosis or infected with HIV, war and military invalids, repressed

persons or combatants, blind civilians and war veterans, persons dependent on

alcohol, drugs and psychotropic substances, within the scope of medical detoxification

services, for a qualifying military person or employee whilst carrying out duties abroad.

In emergency situations, health services are provided without the required referral.

In the event that the regulations do not provide for an insured person’s participation

in costs, health services are provided free of charge. Payment is made for services

which are well defined as being not within the health insurance entitlement. These

include: health services in health resort hospitals and sanatoriums not connected

directly with the reason for which the insured person was originally referred to a spa

treatment, a stay in health resort medical care institutions – the insured person bears

the cost of travelling to and from a sanatorium, some of the accommodation and

board costs in the sanatorium; and preventive vaccinations other than those defined in

the regulations on infectious diseases and infections.

The provision of orthopaedic items and auxiliary means such as prostheses,

spectacles, etc., is limited in quantity and part of the cost must be paid.

Free medicine is available to an insured person who is taken into a hospital or another

healthcare institution intended for persons requiring 24-hour or daily health services,

or for medical, nursing, diagnostic and rehabilitation services rendered by persons

authorised to provide such services under health insurance, as well as for first aid

provided by these persons. In order to buy medicine at a discount, a prescription




34

issued by a health insurance approved doctor or a health insurance approved surgeon

as well as by any other appropriately qualified doctor or surgeon, who has been

accredited to the National Health Fund, which allows them to issue such prescription,

is required. Prescriptions issued by doctors not accredited by the National Health Fund

will have to be paid in full.

An insured person, based on the recommendation of a healthcare doctor, is entitled

to free transport by an ambulance, including an air ambulance, to the nearest

healthcare facility providing services in the necessary area, and to return transport, if

immediate treatment in the healthcare facility is necessary or continuity of treatment

is required.

An insured person, based on the doctor’s recommendation, is entitled to free

transport by ambulance, in the event of a motor system dysfunction leading to the

inability to use public transport, in order to undergo a treatment at the nearest

healthcare facility that provides services within the required scope, and to return

transport.

In other cases, on the basis of a health insurance approved doctor’s recommendation,

transport can be utilised with a partial or full payment.

The National Health Fund does not finance the cost of an insured person’s treatment

or diagnostic tests outside the country, except the costs of healthcare services

rendered to the insured in another EU/EFTA member state, in accordance with the

community regulations on the coordination of social security systems.

The National Health Fund’s Director may refer an insured person to travel abroad for

carrying out treatment or diagnostic tests which are unavailable in the country. The

cost of treatment or diagnostic tests is paid for by the state budget.

In both cases the National Health Fund’s Director may also consent to cover the cost

of transport to a place where the treatment is administered or to the treatment place

or to a residence in Poland.




35

All insured persons pay the same amount of an obligatory or voluntary contribution. It

currently comprises 9% of the base for calculation (e.g. revenue less social insurance

contributions, pension or annuity, 75% of the average monthly remuneration in the

enterprise sector, announced by the President of the Central Statistical Office – in the

case of persons active in a non-agricultural business activity, salaries, etc.).

Health insurance contributions are payable by employers, social insurance

institutions, retirement/pension institutions and social security centres, schools and

universities, etc. (contribution payers).

The basic document confirming health insurance cover is the health insurance card. At

present, the specimen and the method of issuing and revoking this card have not yet

been defined. Until they have received a health insurance card, insured persons, in

order to be covered by health insurance, can prove their identity with any document,

which confirms their right to access to healthcare and in particular such documents as

an insurance card, monthly report forms for insured persons (RMUA) issued by the

Social Insurance Institution or transfer slips of a retirement or old-age pension,

retiree/pensioner card.

24-hour medical information (e.g. on the nearest healthcare institutions) – Tel. 9439,

national 24-hour ambulance hotline – Tel. 112.


Educational systems

In the 2009/2010 school year, the number of schools in Poland was 35,701, including 6,333

non-public schools with public school entitlements (the data does not include the number of

secondary education schools in Poland). The education system comprises: pre-school

education (age 3-6), primary education (age 7-12), high school education (age 13 -15) post-

lower secondary education (over 16 years of age) and post-secondary education (over 18-

19 years of age), as well as higher education.




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School education is compulsory until the age of 18 and this involves two types of schools: a 6-

year primary school (age 7-12) and a 3-year lower secondary school (age 13-15). Children aged

6 are required to complete a one-year pre-school preparation in a nursery or pre-school unit of

a primary school. Children with special educational needs learn at special schools or, in special

branches in public schools. Pupils in grade 6 of primary school sit a compulsory test and pupils

in grade 3 of lower secondary school – a compulsory exam. Sitting a test or an exam is required

for completion of primary or lower secondary school respectively. The results of the test and

the lower secondary school completion exam are printed on certificates issued to pupils.

Post-lower secondary schools include: a 3-year grammar school (age 16-18), a 4-year technical

secondary school (age 16-19), and a 2 or 3-year basic vocational school (age 16-17/18).

Admittance to these schools is conditional on having a lower secondary school completion

certificate. School graduates at post-lower secondary level (except basic vocational schools)

are entitled to sit an external secondary school completion examination. In the 2009/2010

school year, after a 20-year break, graduates sat the mathematics matriculation examination,

as one of the compulsory subjects. The requirement of passing mathematics in the

matriculation examination was introduced with a three-year notice, i.e. in 2007. Persons who

pass this exam receive a secondary school completion certificate, which is required for

applying for higher education courses.

Graduates of 2 or 3-year basic vocational schools receive a basic school completion certificate,

which gives them access to the labour market. They may also continue education in a 2-year

supplementary grammar school (age 18/19-20/21) or a 3-year supplementary technical

secondary school (age 18/19-21/22).

Graduates of grammar schools may continue education in post-secondary schools, with a

study period not exceeding 2.5 years (age 19-21). The graduate of technical secondary schools,

basic vocational schools and post-secondary schools may sit an external vocational exam.

Upon passing an exam, they receive a diploma confirming their vocational qualifications.

The same types of schools are also available for adults. In specific cases adult schools accept

persons who are 15 or 16 years old. Adults can obtain and supplement general knowledge,




37

professional skills and qualifications in non-school forms of education, by participating in a

course, vocation-related course, seminar or undergoing vocational training.

In Poland, there are undergraduate (Bachelor or Engineer level) and postgraduate (Masters

level) courses and uniform master level courses (Masters level). A person may be admitted to

studies in a higher education institution if he/she has a secondary school completion

certificate (in the case of applying for admittance to undergraduate or uniform masters level

courses), or holds a Master's, a Bachelor’s or an Engineer’s degree, or equivalent, and fulfils

the admission criteria set by a higher education institution (in the case of applying for

admittance to postgraduate courses).

The results of the secondary school completion exam constitute grounds for acceptance to

undergraduate and uniform Masters-level courses. A higher education institution sets out the

conditions and the recruitment procedure, at the same time establishing what results in the

secondary school completion examination shall constitute grounds for acceptance for studies.

A higher education institution may, with the approval of the minister responsible for higher

education issues, carry out additional entrance exams only if it is necessary to test knowledge

or skills not tested by the secondary school completion exam or if a candidate holds a

secondary school completion certificate obtained abroad.

Studies may be completed on campus and externally.

University graduates in Poland are awarded the following titles:

Architect M.Sc.Eng. – upon completion of an undergraduate (Bachelor) course in Architecture and Urbanisation;

Landscape Architect M.Sc.Eng. – upon the completion of an undergraduate course in landscape architecture;

Fire Engineer – awarded to the Fireman of the National Fire Department upon the completion of an undergraduate course in engineering safety at the Main School of Fire Service;

Engineer – a title obtained upon completion of undergraduate (Engineer) courses other than mentioned above as well as in engineering safety awarded to graduates other than mentioned above, provided that the following conditions were conclusively met:

o Education programme determined for the major contained technical , agricultural or forestry subjects, and these subjects constituted not less than 50% of the overall number of class hours, and the study plan stated that a




38

minimum of 50% of education consists of audiometric, laboratory, design, or outdoor activities,

o The education standard defined pursuant to Art. 9, item 2 or Art. 10, item 1, or Art. 11, item 3 dated 27 July 2005 – of the Higher Education Act, provisions for engineering studies in this area;

Bachelor of Nursing or Maternity – upon the completion of undergraduate studies in nursing or midwifery,

Bachelor – upon the completion of undergraduate studies, this lasts from 6 to 8 semesters in areas other than mentioned above.

Master (BA) and equivalent titles: Master of Arts, Master of Engineering, Master of Engineering and Architecture, Master of Engineering and Landscape Architecture, Master of Fire Services, Master of Nursing, Master of Midwifery, Master of Pharmaceutics, Medical Doctor, Dentist or Veterinarian – obtained upon completion of the following courses, depending on the major: postgraduate courses, which last 3 or 4 semesters, or uniform masters-level courses, which last 9 to 12 semesters. Persons with a Master title (or equivalent) may apply to be accepted for postgraduate studies (third degree studies).


Cultural and social life

Cultural life

Cultural life in Poland is concentrated primarily in larger urban centres. Many museums,

cinemas, theatres, concert halls and other entertainment facilities can be found here. In

smaller places cultural life focuses more on local events. Information on cultural life and

entertainment in Poland is available in daily press (Friday editions of the main dailies publish

information on cultural events for the coming week), as well as via the Internet.

Museums offer interesting collections of both ancient and modern art. Some of them own

masterpieces of world art such as, for example, the painting ‘Portrait of a Lady with an Ermine’

by Leonardo da Vinci and Rembrandt’s ‘Landscape with a Good Samaritan’ in the National

Museum in Cracow, or ‘The Last Judgement’ by Hans Memling in the National Museum in

Gdansk. Museums are usually open from Tuesday to Sunday until approximately 4pm.

Admission fees are not high, and on selected days entry to some museums is free of charge.




39

Theatres can be found in all larger urban centres. They are closed in summer due to the

holiday season. The most famous include the Contemporary Theatre, the Common Theatre

and the National Theatre in Warsaw, as well as the Old Theatre and the Słowacki Theatre in

Cracow. The most famous musical theatres in Poland include the Musical Theatre in Gdansk,

operetta theatres in Cracow and Gliwice and the ‘Roma’ Musical Theatre in Warsaw. For opera

or ballet, it is worth visiting the Great Theatre in Warsaw or the Warsaw Chamber Opera.

Concert halls can be found in large urban centres. The National Philharmonic in Warsaw is the

most famous. Famous classical music festivals include the Days of the Chamber Music in

Łaocut, the Chopin Festival in Duszniki Zdrój and the Moniuszko Festival in Kudowa Zdrój.

Other famous festivals are the Contemporary Music Festival ‘Warsaw Autumn’ in Warsaw and

the ‘Wratislawia Cantans’ Festival in Wrocław. Open-air concerts are held, among other places,

in the ‘Łazienki’ park in Warsaw and in Żelazowa Wola – the birthplace of the famous

composer, Frederic Chopin.

There are a great many cinemas in Poland, both large and small. The larger cinemas show

current blockbuster films and there is a much greater choice of interesting films than in smaller

cinemas. There are also cinemas that focus on specific categories, for example classic film

cinemas. Foreign films shown in Polish cinemas are usually not dubbed.

It is worth stressing that Poland is also an attractive country for tourism. The UNESCO World

Heritage List includes, in particular, such places in Poland as the historical centres of Cracow

and Warsaw, the historical salt mine in Wieliczka, the old town in Zamośd, the Białowieża

Forest, the medieval city of Toruo, the Teutonic knights’ castle in Malbork, Kalwaria

Zebrzydowska (an architectural and landscape complex as well as a place of pilgrimage) and

the timber cathedrals of southern Małopolskie Region.

Social life

Polish is the official language of Poland. The foreign languages most frequently used by Poles

are English and, to a lesser degree, German, French and Russian.

Polish national holidays, which are days off from work, include: New Year’s Day on 1 January,

Epiphany on 6 January, Easter Sunday and Easter Monday in March or April, National Holiday




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on 1 May, Constitution of the 3rd of May on 3 May, Corpus Christi Day in May or June (the 1st

Thursday in the 9th week after Easter), Polish Armed Forces Holiday/Assumption of the Blessed

Virgin Mary on 15 August, All Saints Day on 1 November, Independence Day on 11 November,

and Christmas on 25-26 December.


Private life (birth, marriage, death)

Civil status certificates

Events such as birth, marriage and death are subject to registration in the civil status

books maintained by the competent Registry Office where the event takes place. The

competent body for the civil status registration issues is the Head of the Registry Office.

A civil status certificate entered in a civil status book is the only proof of an event in the

Republic of Poland. Copies are issued for the purpose of use in different court and

administration proceedings. Polish legislation also provides for the possibility of

drawing up a Polish civil status certificate on the basis of a foreign document.

Birth

The birth of a child in the Republic of Poland must be reported within 14 days to the

competent Registry Office at the place of birth. The birth of a child should be reported

by the child’s father or mother (if her health condition allows for it), or another person

present at the birth, as well as the doctor or midwife. If a child was born in a healthcare

institution, this institution is obliged to report the birth.

Marriage

According to Polish law, marriage is the union of a single man and a single woman

who, both present at the same time, make a declaration of marriage before a competent

person. The declaration must be made in the presence of two adult witnesses. In Poland,

partnerships between two persons of the same sex are unacceptable. There are two

forms of marriage available in the Republic of Poland:

before a chosen Head of the Registry Office, before a clergyman. For a denominational marriage be valid from the civil and legal

point of view, certain conditions must be met. Before entering the state of matrimony, the betrothed bride and groom should obtain a certificate from the Head of the




41

Registry Office concerned at the place of residence of one of the persons, and confirm that there are no circumstances which prevent entry into the state of matrimony, and they should also make a declaration before that official concerning the last names of the spouses and their children. After entering the state of matrimony in a church, a clergyman is required to send the above certificate, together with a statement confirming that the marriage declaration was made in a clergyman’s presence, within 5 days to the Head of the Registry Office concerned at the place of entering the state of matrimony. The above documents are the basis for drawing up a marriage certificate.

Death

A person’s death should be registered in the competent Registry Office where this event took

place. A person’s death should be reported within 3 days of the date of the event, at the latest.

The following persons are obliged, in descending order of importance, to report the death: the

spouse or children of the deceased, the closest relatives or the relations by marriage, persons

living in the apartment in which the death occurred, persons who were present at the death or

who witnessed it in person, or the manager of the house in which the death occurred. If the

death occurred in a hospital or other institution, this hospital or the institution is obliged to

report the death.


Transport

Public transport is well developed in Poland. Buses (urban and suburban – PKS) operate

throughout the country, trams run in larger urban centres and an underground metro in

Warsaw. Night buses operate in large urban centres.

Public transport tickets may be purchased in kiosks (e.g. ’Ruch’, ‘Kolporter’), in some shops

and in underground stations. Automatic ticket dispensing machines at bus stops are available

in larger cities, these may be used depending on your needs for tickets such as; single use,

several hours, 24-hour, several days, weekly, monthly, and quarterly. Depending on the urban

centre, two types of tickets are in use: singles and time-based. A single ticket is valid for a

single journey, regardless of its duration. In this case, you need to punch a new ticket when

changing buses, unless it is a 24-hour, 3-day, weekly, monthly or quarterly ticket. A time-based




42

ticket is valid for a strictly defined period of time (e.g. 10 or 30 minutes), during which it is

possible to change the means of public transport. Different tickets are in use in different urban

centres. They may differ in price. On suburban buses (PKS), tickets are obtained from the

driver or in ticket offices at bus stations. In the suburbs and in some cities there are also

private buses and minibuses, where the fee for the journey is paid directly to the driver.

In Poland, it is also possible to travel by train. The network of Polish State Railways (PKP) is

dense. There are four different types of trains (Eurocity, Express/Intercity,

InterREGIO/REGIOekspres and TLK). Eurocity trains transit Poland to stations outside Poland –

tickets for these trains are only valid with reserved seats. The fastest and the most

comfortable domestic trains are Express and Intercity – these only stop in larger urban centres

and usually have only two or three stops before their final destination. Only tickets with

reserved seats are sold for there trains. Fast trains (InterREGIO/REGIOekspres) are cheaper and

they stop at a larger number of stations, but also only in larger urban centres. Slow trains (TLK)

stop at all stations and are the cheapest. In InterREGIO and TLK-type trains seats do not have

to be reserved for 2nd class tickets. However, it is possible to reserve a seat when travelling 1st

class on a REGIOekspres or TLK-type train. Rail tickets may be purchased from ticket offices in

railway stations, from a train conductor against extra payment, or from the online system (for

Express InterCity and Ekspres trains and seats in sleeping cars on night TLK trains in the

national transport network. In general, when one has a ticket for one of the above-mentioned

trains, it is possible to change the type of train on the same route, provided that a ticket valid

for that type of a train has been purchased. An unused ticket may be cancelled at a ticket

office or by a train conductor. A refund for an unused ticket may only be received at a ticket

office before the departure, or at the end of a journey. A receipt/invoice must be retained, a

ticket alone is not a proof of purchase of a ticket sufficient for its cancellation.

In Poland, there are international airports in Warsaw - Okęcie, Gdaosk - Rębiechów, Cracow -

Balice, Poznao - Ławica, Wrocław - Strachowice, Katowice - Pyrzowice, Szczecin - Goleniów,

Łódź - Lublinek, Rzeszów - Jasionka, Bydgoszcz - Szwederowo, and Zielona Góra - Babimost

(Only the route Zielona Góra-Dresden). Domestic flights offered by LOT Polish Airlines cover all

the aforementioned cities, except Łódż and Zielona Góra.




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At present, tolls are charged on sections of three motorways: the A1 motorway - section

Rusocin-Nowe Marzy, the A4 Katowice – Cracow motorway and the A2 Konin – Nowy Tomyśl

motorway.


SEGURIDAD SOCIAL Y SEGUROS

The social security system in this country

The Polish social insurance system comprises the following: the system of social insurance and

provisions, the health insurance system, the unemployment benefit system and the social

assistance system.

In Poland, the group of persons subject to obligatory social insurance, the scope of insurance

and the amount of contributions paid by individual groups of insured persons are regulated by

the provisions of the Act on the Social Insurance System dated 13 October 1998.

The Polish social insurance system comprises: retirement insurance, pension insurance,

sickness insurance and accident insurance.

An insured person is an individual subject to at least one of the social insurances. The Act on

Social Insurance System introduced obligatory insurance, voluntary insurance and the

possibility of extending insurance. The following persons, among others, are subject to

obligatory retirement and pension insurances: employees, members of agricultural production

cooperatives, contractors, persons running a non-agricultural business, persons receiving

unemployment benefit, persons on parental leave and persons receiving maternity benefit.

Obligatory sickness insurance – see section 5.4.




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Persons with retirement and pension insurance cover are subject to obligatory accident

insurance, e.g. employees, members of cooperatives, persons running a non-agricultural

business and persons cooperating with them. In the case of the Social Insurance Fund, the

contributions are the basic source of financing social insurance benefits. Contribution

percentage rates are uniform for all insured persons. Their amounts are as follows:

1. 19.52% of the base for calculation – retirement insurance is payable by the tax payer and the insured in equal amounts – 9.76% each),

2. 6% of the base for calculation – for pension insurance (the tax payer pays 4.5% and the insured pays 1.5%),

3. 2.45% of the base for calculation – for sickness insurance (payable by the insured in full).

The accident insurance contribution varies and ranges from 0.67% to 3.33% of the base for

calculation, depending on the classification group (type of a business activity) of the tax payer,

according to the Polish Business Activity Classification (PKD). The entire contribution for this

insurance is paid by an employer.

The activities related to social provisions are carried out by numerous institutions, particularly

the Ministry of Labour and Social Policy and the Social Insurance Institution.

Methods of registration and contribution payment – see electronic forms.


Unemployment insurance

According to the Act on the Promotion of Employment and Labour Market Institutions,

unemployment benefits are pecuniary provisions paid to the unemployed in the case of the

lack of offers of suitable work, traineeship offers, professional development for adults,

training, intervention works, or public works, if at the same time the formal requirements

specified by the act are met.




45

Entitlement to this allowance is granted to the unemployed if, in the 18 months preceding the

date of registering at a District Labour Office, they worked for a period of at least 365 days or

can provide another qualifying period within this timeframe.

The amount of benefit depends on length of service. If an unemployed person’s length of

service is less than years, he/she is entitled to 80% of the basic benefit, in the case of 5 to

20 years of service, 100% of the basic benefit, while in the case of over 20 years of service,

120% of the basic benefit.

From 1 January 2010 the amount of the basic benefit changed and is now equal to PLN 717

for the first 3 months of benefit entitlement and PLN 563 for subsequent months of this

entitlement. The amount of the benefit is subject to annual adjustment. District Labour Offices

deduct a total of 34.52% from the unemployment benefit to pay retirement and pension

insurance contributions.

The period of entitlement to unemployment benefit is as follows:

1. 6 months – for an unemployed person who resides in the District area during the period of entitlement to the benefit, if the unemployment rate in this area did not exceed 150% of the average national unemployment rate on 30 June of the calendar year preceding the day on which entitlement to the benefit was obtained;

2. 12 months – for the unemployed: a. persons residing in the District area during the period of entitlement to the

benefit, if the unemployment rate in this area exceeded 150% of the average national unemployment rate or

b. is over 50 years of age and at the same time, the unemployed person has at least a 20-year period entitling him/her to the benefit or

c. an unemployed person supporting at least one child under the age of 15 and his/her spouse is also unemployed and lost entitlement to the benefit due to the end of the period of entitlement to this benefit, after the date, on which the unemployed person obtained entitlement to the benefit.

Coordination of social security schemes in the EU and EEA member states and Switzerland

The procedure described below will be applicable in countries in the European Economic Area

that are not part of the EU (Liechtenstein, Iceland and Norway) and Switzerland until the entry

into force of new European Union rules, i.e. of Regulation (EC) No 883/2004 of the European

Parliament and of the Council of 29 April 2004 on the coordination of social security systems

and of implementing Regulation No 987/2009 of 16 September 2009. Any unemployed person




46

entitled to unemployment benefit in Lichtenstein, Iceland, Norway or Switzerland, has the

right to transfer (export) this benefit to Poland for a period of 3 months, in order to look for

work

The benefit may be transferred on the basis of Form E 303 for which an unemployed person

must apply to a competent authority of the country which granted the entitlement to

unemployment benefit. It is possible to apply for Form E 303 4 weeks after the date of

registration. This 4-week period may be shortened by a competent authority in special

situations, at the request of an unemployed person.

Benefit transfer procedure in the case of persons entitled to unemployment benefit in one of

the following countries: Lichtenstein, Iceland, Norway and Switzerland:

1. You must register as an unemployed person with a competent Labour Office of an EEA country or Switzerland, where you have been most recently employed and where you apply for unemployment benefit.

2. Obtain the right to unemployment benefit. 3. 4 weeks after the registration you must submit an application for Form E 303. You

should remember to indicate a precise date of your expected departure for a country where you intend to look for work.

4. Within 7 days from the date of departure from the country of your last employment, you must register as a person seeking employment in the country to which you travelled in order to look for work and to collect a transferred benefit.

5. Submit Form E 303 in a competent institution (in Poland it is the Regional Labour Office). This institution will convert currencies in accordance with the rate of exchange published quarterly by the Administrative Commission on Social Security for Migrant Workers (monthly average of rates of exchange of currencies published by the European Central Bank) and will give – through an administrative decision – an instruction to make a payment.

6. Payments are made once a month by competent institutions (in Poland it is a District Labour Office).

7. Before the transfer is terminated, you should apply to a competent institution (in Poland it is a Regional Labour Office) to issue Form E 303/5 which will make it possible for you to continue receiving benefit after the transfer from the country where you obtained entitlement to the benefit is terminated.

8. Liaison bodies of the countries will make settlement as regards benefits provided. The transfer of benefit is made at the expense of an institution of the state in which you acquired benefit.

In the case of persons entitled to unemployment benefit in one of the EU Member States,

transfer of the benefit is made on the basis of a document PD U2. As of 1 May 2010, new

Community rules are in force, i.e. Regulation (EC) No 883/2004 of the European Parliament




47

and of the Council of 29 April 2004 on the coordination of social security systems and

implementing Regulation No 987/2009 of 16 September 2009.

An unemployed person applies for the PD U2 document to a competent institution of a

country which granted entitlement to unemployment benefit. It is possible to apply for PD U2

to a competent institution 4 weeks after the date of registration. This 4-week period may be

shortened with the agreement of a competent authority in special situations, at the request of

an unemployed person.

Benefit transfer procedure in the case of persons entitled to unemployment benefit in one of

the EU Member States:

1. You must register as an unemployed person with a competent Labour Office of an EU Member State where you have been most recently employed and where you apply for unemployment benefit.

2. Obtain the right to unemployment benefit. 3. 4 weeks after the registration you must submit an application for Form PD U2. You

should remember to indicate a precise date of your expected departure for a country where you intend to look for work.

4. Go to another EU Member State with the PD U2 document and, within 7 days, including the date of departure, you must register with a competent Labour Office as a person seeking employment and actively look for work in the period of transfer.

5. A competent institution of the State in which you acquired unemployment benefit will be immediately informed by an institution in the State to which you travelled about your registration with the employment services of that State. The latter institution will also provide information about any circumstances which may affect entitlement to unemployment benefit already granted.

6. Payments are made by a competent Labour Office which granted an unemployment benefit to an unemployed person and payment shall be made on a monthly basis in a manner set by the abovementioned institution.

7. At the end of the transfer period, if you did not succeed in finding work, you may return, in order to continue receiving benefit, to the country which granted this benefit.

8. The maximum period for which entitlement to transfer benefit is retained is three months. However, at the request of an unemployed person, the competent institution may extend that benefit transfer period up to a maximum of six months.





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Sickness Insurance

The terms for granting and payment of sickness insurance benefits are defined in the Act on

Pecuniary Social Insurance Benefits for Sickness and Maternity dated 25 June 1999.

Persons with social insurance cover in the case of sickness and maternity (i.e. sickness

insurance) are entitled to sickness benefit, rehabilitation benefit, compensatory benefit,

maternity benefit and care benefit. The following persons are subject to obligatory sickness

insurance: employees, members of agricultural production collectives and farmers’ association

collectives, as well as persons during substitute military service. The following persons are

subject to voluntary sickness insurance: persons employed in a cottage industry, persons

employed on the basis of an agency agreement, an order agreement or other agreement on

the provision of services where the Civil Code regulations concerning orders (freelance work)

apply, persons running non-agricultural businesses and persons cooperating with them,

persons conducting paid work on the basis of an assignment of work, persons working during a

prison sentence or a temporary arrest, and clergymen.

Insured persons are entitled to sickness benefit after the end of:

a period of 30 days of uninterrupted sickness insurance – for persons subject to obligatory sickness insurance,

a period of 90 days of uninterrupted sickness insurance – for persons subject to voluntary sickness insurance.

Persons are entitled to sickness benefit for a maximum of 182 days, and if the inability to work resulted from tuberculosis or during pregnancy – for a maximum of 270 days.

The monthly sickness benefit is: 80% of the base for calculation of the benefit, 100% of the base for calculation of the benefit, if the inability to work: falls within a

pregnancy period, arose as a result of an occupational accident, on the way to/from work, arose as a result of being subject to medical tests needed for candidates to become cell, tissue and organ donors, or to participate in a procedure of donating cells, tissues and organs,

70% of the base for calculation of the benefit for the period of stay in a hospital.

The average monthly remuneration paid during the 12 calendar months prior to the month in

which the inability to work arose is taken as the calculation base for an employee sickness

benefit.. The basis for payment of sickness benefit is a doctor’s statement issued on the ZUS




49

ZLA form, which should be presented to an employer within a period of 7 days of the date of

receiving this statement.

The base of the sickness benefit amount to which the insured who is not an employee is

entitled is calculated on the basis of the 12 calendar months prior to the month in which the

inability to work arose.

Sickness benefit is not payable for periods of inability to work in which the insured person

reserves the right to remuneration based on pay regulations. Sickness benefit is also not

payable for periods of inability to work that coincide with: unpaid leave, parental leave, or a

temporary arrest or serving of a prison sentence.


Family and maternity benefits

Family benefits

The aim of family benefits is partially to cover the expenses of caring for a child. The amount of

family benefits ranges depending on the age of the child (currently it is PLN 68, PLN 91, or PLN

98 per month). Other payments may be awarded in addition to the family benefit depending

on the individual family or health situation, these include: single parent benefit (PLN 170 per

month), large family supplement (PLN 80 per month for the third, and subsequent child), child

disability allowance (PLN 60 or 80 per month), education outside child’s residential area

supplement (PLN 90 or PLN 50 per month), or back to school payment (PLN 100 one per school

year).

For child care in the period of use of parental leave, there is an entitlement for a family

benefit in the amount of PLN 400 per month. This allowance can be paid for up to 24 months,

possibly up to 36 months in a case of a multiple pregnancy or up to 72 months when caring for

a disabled child.




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In order to become entitled to receive family and/or additional benefits depends on meeting

the income criteria in the amount of PLN 504 per month on a per person basis, or PLN 583 if a

family member includes a child who has a relevant decision on disability.

A family benefit allowance addition may be claimed in association with childbirth (PLN 1,000 –

a one-off benefit depending on the entitlement to family benefit), and also a lump-sum aid for

childbirth (PLN 1,000 regardless of income). Furthermore, the local commune self-government

may provide aid due to childbirth financed by the communes own funds (they may also raise

the amount of family benefits from the own funds).

Children with disabilities are entitled to a carer’s benefit (in the amount of PLN 153 per

month), awarded regardless of family income. Furthermore, among others, a parent of a

disabled child who ceases professional work to care for a child requiring special care can apply

for a carer’s benefit (in the amount of PLN 520 per month). The commune can pay

contributions for pension and health insurance for a person who is receiving a carer’s benefit.

As of 1 January 2010, entitlement to this benefit is not income-related.

In Poland family benefits are payable by the respective administration bodies at the commune

within the applicant’s residential area.

Maternity benefit

In the case of sickness, persons with insurance cover are entitled to a maternity benefit

(regardless of the period of insurance). The maternity benefit is paid during the period of

maternity leave – during 20 weeks after giving birth to one child or adopting a child under the

age of 7 years (in special cases this is extended to 10 years) and longer after giving birth to

more than one child in one labour or adopting more than one child – from 31 weeks to a

maximum of 37 weeks). The maternity benefit is also granted for a period of additional

maternity leave.




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Maternity benefit is 100% of the remuneration, which is the base for calculation of an

allowance, which equals monthly average remuneration paid for the 12 months preceding the

month in which the right to this allowance arose.

An insured father of a child may also receive a maternity benefit if the mother of the child

claimed a minimum of 14 weeks of the maternity leave (the father is entitled to the benefit for

the remainder of the allowance unclaimed by the mother of the child).

From 1 January 2010, the father of the child is also entitled to benefit during paternity leave.


Pensions

The rules for granting retirement benefits are defined in the Act on Retirements and Pensions

Payable from the Social Insurance Fund dated 17 December 1998. This Act differentiates the

terms for establishing the conditions required to obtain entitlement to a pension, depending

on the insured person’s date of birth.

Persons born before 1 January 1949, may exercise their entitlement to a retirement pension

upon meeting two conditions: that they have reached the minimum retirement age, which is

60 years for women and 65 years for men, and that they have documented a contributory

period (supplemented by a non-contributory period amounting to not more than 1/3 of the

contributory period), which is a minimum of 20 years for women and 25 years for men.

A woman of 60 years of age may also exercise her entitlement to a retirement pension if she

can provide proof of contributory and non-contributory periods of at least 15 years in total,

and a man of 65 years of age may exercise his entitlement if he can provide proof of

contributory and non-contributory periods of at least 20 years in total. However, it is worth

noting that there is no guarantee that these retirement pensions will reach the minimum

retirement pension level, due to the period of paying social insurance contributions being




52

shorter than required. If, after the calculation, it appears that the level of retirement pension

will be lower than the minimum retirement pension, then the payment made will be

equivalent to the calculated amount.

Only employees who were born before 1 January 1949 are permitted to retire at an earlier

age. A woman who can provide proof of at least 30 years of eligible service for a retirement

pension, or a 20-year qualifying period of service, may retire at 55 years of age if she has

obtained a pension for total incapacity for work. A man with a minimum of 35 years of eligible

service or a minimum of 25 years of eligible service for his retirement pension and a

recognised total incapacity for work may obtain a retirement pension at 60 years of age.

The entitlement to earlier retirement is also granted to workers who can provide proof of the

required contributory and non-contributory periods, namely 20 years for women and 25 years

for men, including at least 10 or 15 years of work under particular conditions or of a particular

nature, respectively. Persons meeting the above criteria may retire at the age defined for

specific vocational groups set out in the relevant regulation.

The aforementioned terms for obtaining entitlement to earlier retirement also apply to

persons born between 1949 and 1968 who met the required criteria before the end of 2008

and have not joined the Open Pension Fund (OFE), or persons who apply for an assignment of

moneys collected on the Open Pension Fund account by the Social Insurance Institution to the

State Treasury revenue.

Persons born between 1949 and 1968, who met the required criteria regarding the

contributory and non-contributory periods, including the period of work under particular

conditions or of a particular nature, on 1 January 1999, may also obtain entitlement to earlier

retirement. These persons will be able to retire earlier if they have not joined an Open Pension

Fund and their employment contract has ended.

All persons born after 31 December 1968, and persons born between 1949 and 1968, who

have joined an Open Pension Fund are covered by the reformed retirement scheme. The

retirement entitlements of these persons are conditional on their reaching a minimum age of

60 years for women and 65 years for men.




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The decision as to when to retire is up to each insured person who has reached the required

minimum age, regardless of sex.

An employee born after 31 December 1948, who was employed under special terms or carried

out work of a specific nature, is entitled to a bridge pension pursuant to the Bridge Pensions

Act dated 19 December 2008. This employee will be able to claim bridge pension after turning

a minimum of 55 years for a woman, and a minimum of 60 years of age for a man, provided

that they meet the following conditions:

1. has worked under extreme conditions or in employment of an extreme nature for a period of 15 years,

2. has a contributory and non-contributory period (calculated on the basis of no more than 1/3 of evidenced contribution period), which equals a minimum of 20 years for women and 25 years for men,

3. prior to 1 January 1999 the individual (for a minimum of 1 day) carried out work: under extreme conditions or of extreme nature pursuant to Art. 32 of the FUS Pensions and Retirement Act,

4. after 31 December 2008 the individual (for a minimum of 1 day) carried out work under extreme conditions or of extreme nature, listed in the new work statements effective from 1 January 2009.

5. Has terminated employment.

The terms for payment of retirement contributions are defined in the regulations of the Social

Insurance System Act, whereas the terms of payment of contributions for the Bridging Pension

Fund are set out in Article 36 of the Bridging Pensions Act of 19 December 2008 (Journal of

Laws No 237, item 1656).

The new retirement system applies in full to insured persons born after 31 December 1968,

and provides for mandatory participation in the 1st and 2nd retirement scheme.

The 1st retirement scheme is governed by the Social Insurance Institution. Contributions

transferred by an employer to the Social Insurance Institution are registered in the personal

account of the insured person. Participation in the 2nd retirement scheme comprises part of

the employee’s contribution (amounting to 7.3% of the base for calculation) which is

forwarded to the Social Insurance Institution and later transferred to the Open Pension Fund

indicated by the insured person.




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Insured persons born after 31 December 1968 are obliged to split their contributions. Insured

persons born between 1949 and 1968 may voluntarily join the Open Pension Fund.

The retirement insurance contributions of insured persons who have not joined the Open

Pension Fund are transferred in full to the Social Insurance Institution.

Retirement payments terms, which have accumulated in a Open Pension Fund, and terms on

claiming, awarding, and establishing the amount of capital retirement payments is regulated

by the Capital Retirement Payments Act dated 21 November 2008, because as of

1 January 2009, the (first) insured have become entitled to a payout.

The Office of Foreign Pensions and organisational units of the Social Insurance Institution,

appointed by the Chairman of the Social Insurance Institution, perform the duties of granting

retirement pensions to persons living in the territory of another European Union Member

State, as well as persons living outside the EU linked with Poland by an international

agreement regarding social insurance. The same principle applies to persons whose periods of

insurance spent abroad were taken into account when determining their entitlement and the

amount of their retirement, if the international agreements state so.


E-forms

Contribution payers, indicated in Article 4 of the Act on the Social Insurance System, are

required to submit their insurance applications, personal monthly reports, a settlement

declaration, other documents required for maintaining the accounts of contribution payers

and the accounts of insured persons, as well as all corrections to these documents to the Social

Insurance Institution, via data transmission in the form of an electronic document in the

computer program provided by the Social Insurance Institution. Only the payers of

contributions of no more than 5 persons may submit the documents in writing or in the form

of a printout from the updated computer program provided by the Social Insurance Institution.




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Samples of forms and codes used for completing them were published in the Minister of

Labour and Social Policy’s order dated 23 October 2009, concerning the definition of

application specimens for social and health insurances, personal monthly reports and

correcting personal monthly reports, payers’ applications, settlement declarations, correcting

settlement declarations, as well as other documents.

Payers submit a contribution payer application printout (ZUS ZPA or ZUS ZFA) and a printout

of the contribution payer’s modified identification data (ZUS ZIPA) in paper form, i.e. on the

form available in each local Social Insurance Institution unit, or in the form of a printout from

the updated computer program provided by the Institution. ZUS ZPA and ZUS ZFA applications

and ZUS ZIPA printouts of the modified identification data should include copies of the Internal

Revenue office’s decision on issuing a Tax ID No and the Statistics Office’s certificate of issue of

a current REGON statistical no.

Application forms

Application forms for a contribution payer

ZUS ZPA – Application/modification of information for a contribution payer – a legal entity or

an organisational unit without a legal status

ZUS ZFA – Application/modification of information for a contribution payer – an individual

ZUS ZIPA – Application for modification of contribution payer’s identification information

ZUS ZWPA – Cancellation of a contribution payer’s registration

ZUS ZBA – Information on contribution payer’s bank account numbers

ZUS ZAA – Addresses of contribution payer’s businesses

Application forms for an insured person

ZUS ZUA – Application for an insurance/application for a modification of an insured person's

data




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ZUS ZZA – Application for a health insurance/application for a modification of data

ZUS ZIUA – Application for modification of an insured person’s identification data

ZUS ZCNA – Application for information concerning the members of a family for the purposes

of health insurance

ZUS ZWUA – Cancellation of a registration for insurance

Settlement Application

ZUS DRA – Settlement declaration

ZUS RCA – Personal monthly report on payable contributions and paid benefits

ZUS RSA – Personal monthly report on paid-out benefits and contribution payment breaks.

ZUS RZA – Personal monthly report on payable health insurance contributions

ZUS ZSWA – application/correction of information on work in special circumstances or of a

special nature

Coordination of Social Insurance Systems in the EU and EEA member states and in Switzerland

Information exchange between the social insurance institutions of the EU Member States

during implementation of Regulations No 883/2004 and 987/2009 on the application of

coordination of social security systems is carried out using standard electronic documents

(SEDs). The use of documents facilitates contact between the social insurance institutions and

accelerates international circulation of information.

Each Member State has at its disposal a set of documents (SEDs) in its national language. They

are identical in all Member States in content and layout. Every piece of information contained

within a specific item (field) of a document must have the same meaning in all languages.




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Documents (SEDs) are divided into groups relating to different social insurance sectors:

A series SEDs concern the application of correct legislation; P series SEDs concern retirement and pension benefits and are used by the institutions

responsible for considering entitlements to these benefits; U series SEDs concern unemployment benefits and are used by the institutions

responsible for considering entitlements to unemployment benefits; F series SEDs concern family benefits and are used by the institutions responsible for

considering entitlements to family benefits; S series SEDs concern sickness and maternity benefits and are used by competent

institutions to confirm entitlements to the benefits in kind and to short-term cash benefits;

DA series SEDs concern benefits for occupational diseases and accidents at work, and are used by the institutions responsible for considering entitlements to these benefits.

In addition to the aforementioned documents used to exchange information between

institutions of different Member States, there are documents to be used by applicants for a

given benefit – so-called portable documents. These documents are used in the case of

unemployment benefits (U series), benefits for occupational diseases and accidents at work

(DA series), sickness benefits (S series), and to apply correct legislation (A series).

Information exchange between the social insurance institutions of the European Economic

Area member states that are not part of the EU (Liechtenstein, Iceland, Norway) and

Switzerland during implementation of Regulations Nos 1408/71 and 574/72 on the application

of coordination of social security systems, is carried out using E series forms, which are

identical in content and layout in each of these countries. The use of documents facilitates

contact between the social insurance institutions and accelerates international circulation of

information.

Forms are divided into groups relating to different social insurance sectors:

E 100 series forms concern the application of correct legislation and sickness and maternity

benefits and are used by competent institutions to confirm entitlements to the benefits in kind

and to short-term cash benefits;

E 200 series forms concern retirement and pension benefits and are used by the institutions

responsible for considering entitlements to these benefits;




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E 300 series forms concern unemployment benefits and are used by the institutions

responsible for considering entitlements to unemployment benefits;

E 400 series forms concern family benefits and are used by the institutions responsible for

considering entitlements to family benefits.


Health cards

The European Health Insurance Card

The European Health Insurance Card is an essential step towards the simplification of

our various healthcare systems. Introduced in June 2004, the card substantially

facilitates access to medical assistance for EU citizens travelling to another Member

State. Furthermore, it guarantees a quick and simplified reimbursement of expenses

incurred locally or shortly after return to the place of residence. Since 1 January 2006,

the European Health Insurance Card is issued and recognised by all concerned countries

and replaces the previously used paper forms, such as the well-known E 111.

Who is entitled to the EHIC?

The European Health Insurance Card is issued to:

- EU nationals

- nationals of the European Economic Area (EEA)

- Swiss nationals

- family members of the above, whatever their nationality

- nationals of other countries, who are covered by a social security system in one of the

Member States of the EU, the EEA or Switzerland

The EHIC should be requested from one’s national health insurance institutions before

leaving for another EU country. All EU citizens are strongly advised to carry their

European health insurance cards when travelling to other countries.

Benefits

While the main purpose of the European Health Insurance Card is to ensure easy access

to health services during a temporary stay in another country, it also provides a series of




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additional benefits, for healthcare providers, patients and insurers alike. The main

advantages of the EHIC may be summarised as follows:

- facilitated access to health care abroad

- quick and easy reimbursement of expenses

- security of data

- improved reliability

- less administration

- simplicity – simpler and faster procedures for obtaining healthcare

Generally speaking, this ‘smart card’ contains only basic information such as the card

holder’s name and surname and date of birth, but no medical details. It is simple to use

and easily recognisable. Further, the information is presented in a standardised way, so

that it could be read regardless of the language.

What is a „Smart Card‟?

A "smart card" is a pocket-sized plastic card, which looks identical to usual bank or

credit cards.

Smart Cards have a small gold chip on the front. When inserted into a specific reader,

the chip makes contact with electrical connectors that can read information from the

chip and write information back.

What information is saved on my health card?

The only personal information on the European health insurance card is the card

holder’s surname and first name, personal identification number and date of birth. The

European health insurance card does not contain any medical data.

Where is my health card accepted?

The EHIC can be used to receive any kind of health service, being it at a general

practitioner, a hospital or a pharmacy. The EU Member States are responsible for the

introduction and dissemination of the health cards, but also for the provision of all

concerned health care facilities with card readers.

Using the European Health Insurance Card abroad

It is important to note that the health insurance card does not provide for cases in which

a patient intentionally decides to obtain medical treatment abroad. Rather, it is intended

to insure people travelling to other countries for a limited period and thus covers

medical care which becomes necessary during a stay on the territory of another Member

State. When a need for access to healthcare arises, treatment will be provided according

to the rules of that particular country (for example if healthcare is free of charge in that

Member State, the visiting patient will also be entitled to free medical care when

presenting his/her European Health Insurance Card).




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The provisional replacement certificate

In case the individual in need of medical assistance is not in possession of his European

Health Insurance Card, he can alternatively present a provisional replacement certificate

that can easily be sent by fax or e-mail by the relevant home national health insurance

institution. This certificate is equivalent to the EHIC and entitles the patient to the same

treatment and reimbursement of benefits.

The design of the European Health Insurance Card

The design of the European Health Insurance Card is identical in all Member States and

bears the European symbol. There are two variations of this layout:

- Standard EU design placed on the front of the card – leaving the back of the card free

for content chosen by the respective Member State

- Standard EU design placed on the back of the card – in this case the Member State

places the EHIC on the back of the existing national or regional health card

Each Member State can opt for one of the possible variants when issuing the health

card.

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