The Ministry of Family, Labour and Social Policy (MRPiPS) is preparing a draft amendment of the Labour Code, which may importantly affect the future of pensions in Poland. The main change concerns the inclusion of work periods on contract-order and as part of individual business activity into the work experience. This breakthrough is intended to increase the pensions of people working on civilian and self-employed contracts.
Amendment of the Labour Code: task Details
The current provisions of the Labour Code favour people employed under an employment contract, resulting in unequal treatment of workers. In today's realities, many professions are carried out on the basis of different legal relations, which frequently results from the existing rules. An example is simply a legal advisor who can execute his profession both under a contract of employment and a civilian law contract while conducting economical activity.
The Ministry wants to change this situation, including periods of work on civilian law contracts and economical activity, if they were the basis for social security.
Periods Accomplished in Employment
In particular, the draft amendment provides that the following periods will be included in the traineeship:
- Agency Agreements and Contracts-Orders: Periods of work under agency contracts and contract-contracts will be included in the traineeship.
- Service Contracts: This besides applies to contracts to which the provisions of the civilian Code concerning the conduct of non-agricultural activities, including individual economical activities, apply.
- Full of Mandates: The word of office of Member, associate of the European Parliament or Senator will besides be taken into account.
- Working in peculiar Conditions: Performing paid work while serving a prison word or temporary arrest, performing active military service by a non-professional soldier and performing a replacement service.
- Working in Agricultural Cooperatives: Periods of work related to membership of an agricultural production cooperative or cooperative of agricultural rings.
Additional periods of non-compliance with social insurance
The draft amendment besides provides for the inclusion of certain periods of non-social insurance which are linked to the performance of work or activities, as a rule, which constitute a social safety title. An example is the performance of work under a service contract by pupils of secondary schools or students up to the age of 26.
Confirmation of Work Periods
The Social Insurance Institution (ZUS) will be liable for confirming these periods of work, which will issue appropriate certificates.
Better Access to Workers' Entitlements
One of the main objectives of the amendments is to guarantee equal access to labour rights, specified as the Jubilee Prize or the traineeship allowance, which frequently depends on the dimension of work. Thanks to the amendment, people working on civilian and business contracts will be able to apply for these benefits on an equal basis with those employed under the employment contract.
Increase in pensions
The inclusion of periods of work in civilian law contracts and the pursuit of business activity in the traineeship will besides affect pensions. Those who worked on these grounds will gain a longer working life, which will straight translate into their future pension benefits.
Combating Inequality
These changes aim to destruct inequalities between different forms of employment. In the current economical and legal realities, the diversity of forms of employment is common and the amendment of the Labour Code is intended to guarantee fair treatment of all workers, regardless of the form of employment.
Legislative Work Schedule
Work on the draft amendment of the Labour Code is already advanced. The list of legislative work of the government stated that the draft was in preparation for presentation to the Council of Ministers.
The planned deadline for adoption by the Council of Ministers is the 3rd 4th of 2024. This means that the amendment may enter into force before the end of 2024, provided the legislative process progresses smoothly.
Experts and Employers
The changes proposed by MRPiPS consequence in a variety of reactions among experts and employers. Many of them welcome the initiative, pointing out the request to bring labour law into line with the current realities of the labour market. They stress that specified solutions can contribute to expanding the motivation for legal employment in civilian law contracts and business activities.
Staff
In turn, workers, especially those employed on civilian law contracts and conducting business activity, may feel appreciated and more safe for the future. A longer work placement, which translates into higher pensions, is simply a chance for them to get better financial safety at retirement age.
The amendment of the Labour Code, which the Ministry of Family, Labour and Social Policy is working on, can importantly affect the future of the pension strategy in Poland. The inclusion of periods of work on civilian law contracts and business is simply a step towards greater equality and justice in the employment and social safety system.
These changes will not only increase the pensions of many workers, but will besides equalise their chances of accessing different labour rights. The planned adoption of the task by the Council of Ministers in the 3rd 4th of 2024 indicates the government's determination to introduce these crucial changes.
Employees, experts and employers look forward to further improvement of the situation, hoping that the amendment of the rules will contribute to improving working conditions and securing the financial future of Poles.
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