New regulations introduced upon the Anti-Crisis Shield
Last Saturday, on 28 November 2020, the Act of 28 October amending certain acts in connection with counteracting the COVID-19 crisis (“the Act”) was promulgated, and so was the act of 28 October 2020 amending the latter.
Presented below are the changes of major significance for employers and entrepreneurs. The amendment entered into force on 29 November 2020.
EMPLOYMENT LAW ASPECTS
I. Extended definition of incapacity to work on which payment of the sickness benefit is conditioned (Art. 8 of the Act – change to Art. 6 in sec. 2(1a) of the Act on monetary benefits from the social insurance in the event of an illness or maternity)
The new wording of the regulation is intended to confirm that the inability to work as a result of being quarantined, staying in isolation at home and isolation specified in the regulations on prevention and combating infections and infectious diseases in people are treated on a par with incapacity to work due to an illness, and therefore employees who are quarantined, stay in isolation at home or otherwise are eligible to the same benefits as those payable during an illness.
II. Increase of the remuneration payable to persons requested to do work aimed at combatting the epidemics upon the relevant decision (Art. 15 (5)(g) of the Act – change to Art. 47 (10) of the Act on prevention and combating infections and infectious diseases in people)
Remuneration payable to persons requested to do work aimed at combatting epidemics upon the relevant decision was increased from 150% to 200% of the average base salary for work in an establishment identified in the decision or in another establishment if no such job exists in the former establishment.
III. Remote work during quarantine (Art. 20(2) – added Art. 4h of the Act on special solutions for prevention, counteracting and combatting COVID-19, other infectious diseases, and the resultant crisis)
The Act on special solutions aimed at preventing, counteracting and combatting COVID-19, other infectious diseases and the resultant crisis implements a solution whereby, during the period of epidemic emergency or epidemics, employees who are subject to mandatory quarantine may, with the consent of the employer, provide remote work as specified in the contract and be paid remuneration therefor. If work is provided in this way, the employee has no right to the sickness pay or benefit.
OTHER
I. Getting public aid by an entrepreneur conditioned on abiding by the restrictions, orders and prohibitions (Art. 23 of the Act)
Breach by an entrepreneur of the restrictions, orders and prohibitions imposed on businesses in connection with the epidemic emergency or epidemics, as specified in the legislation issued under Art. 46a and Art. 46b (1)–(6) and (8)–(12) of the Act on prevention and combating infections and infectious diseases in people, is the basis for refusal to grant public aid, in particular the financial support under Art. 2a of the Act on special solutions for prevention, counteracting and combating COVID-19, other infectious diseases and the resultant crisis. Entrepreneurs who apply for a public aid because they operate their businesses in an area subject to epidemic emergency or epidemics must submit a statement confirming that the aforesaid restrictions, orders and prohibitions were not breached, and the statement is made under the sanction of criminal liability.
KONTAKT
E: katarzyna.komulainen@pl.Andersen.com
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E: magdalena.patryas@pl.Andersen.com
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