Eurofound's EU PolicyWatch collates information on the responses of government and social partners to the COVID-19 crisis, the war in Ukraine, rising inflation, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.
Factsheet for measure PL-2006-31/2625 – Updated – measures in Poland
|Country||Poland , applies nationwide|
|Time period||Open ended, started on 01 August 2006|
|Context||COVID-19, Restructuring Support Instruments|
|Type||Legislations or other statutory regulations|
Employment protection and retention
– Income support for people in employment (e.g., short-time work)
|Author||Jan Czarzasty (Warsaw School of Economics) and Eurofound|
|Measure added||23 June 2022 (updated 25 November 2022)|
The aim of the measure is to guarantee that wages for employees from insolvent companies will be timely paid. The fund is established and workers are eligible for alternative compensation from the fund.
Act of 13 July 2006 concerning the protection of workers' claims in the event of the insolvency of their employer.
Act of 31 March 2020 amending the Act on special solutions related to the prevention, prevention and eradication of COVID-19, other infectious diseases and crisis situations caused by them, as well as certain other acts.
The fund covers all claims stemming from the employment relationship or its termination that have not been paid to the employee due to the employer's insolvency or economically difficult situation. These costs include work income, compensation for non-worked hours that arose and are not due to the employee, sickness and holiday payments, severance payments, and retirement payments that arose up to three months before the start of the insolvency procedure or the end of the employment relationship (as long as this did not happen more than nine months before the insolvency). The total monthly payment from the fund cannot exceed (including for example severance pay or sickness pay) the employee's average salary from the previous quarter.
The Fund is managed by ZUS (Social Insurance Institution). The fund is mainly financed by employers’ contributions (0.1% of monthly pay for each employee), supplemented by debt collection, recovery of funds from employers and other sources, donations, voluntary payments of employers or subsidies.
All employees who are in an employment relationship are eligible except those who are close relatives of the entrepreneur and members of his/her extended family. There is no minimum duration of the employment relationship in order for employees to become eligible. Co-financing shall not apply to the remuneration of employees whose remuneration received in the month preceding the month in which the application was submitted was higher than 300% of the average monthly salary.
The following updates to this measure have been made after it came into effect.
|05 August 2022||
Since 2022, the Fund is also used to provide wage assistance for employees from companies affected by sanctions against the Russian Federation (Act of 5 August 2022 amending the Act on Counteracting Support for Aggression Against Ukraine.). Financial support can amount maximum to three months of remuneration, with the monthly remuneration reimbursement capped at average wage from the previous quarter.
In 2018, benefits were paid to 13,568 employees for a total of PLN 114,750,000 (€26, 079 545) (Ministry of Labour, 2019). This is visibly less than in 2017 when such benefits were paid to 15,669 employees for a total PLN 124,611,000 (€29,669 286) (Ministry of Labour, 2018). In previous years, the number of beneficiaries was 15,764 (2016) and 18,966 (2015). No more recent data was found.
Employees in standard employment
||Does not apply to businesses||Does not apply to citizens|
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
Eurofound (2022), Guaranteed Employee Benefits Fund, measure PL-2006-31/2625 (measures in Poland), EU PolicyWatch, Dublin, https://static.eurofound.europa.eu/covid19db/cases/PL-2006-31_2625.html
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Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process.