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Poland - Minimum Wages - 2009


LAST UPDATE

1 December 2009

SOURCES


Name of Act

Regulation of the Council of Ministers of 11 September 2007 on the Minimum Wage Level for 2008, Dz. U. z dnia 20 September 2007

Name of Act

Notice of the Prime Minister of 24 July 2008 on the Minimum Wage Level for 2009, (M.P. 25 July 2008)

Name of Act

Act on the Minimum Wage, of 10 october 2002, Dziennik Ustaw z 2002 r. Nr 200 poz. 1679, as amended by Act of 1 July 2005 amending the Minimum Wage Act and Other Acts, Dziennik Ustaw, 2005, No. 157, pos. 1314

Name of Act

Labour Code, Act of 26 June 1974, Dziennik Ustaw z 1998 r. Nr 21 poz. 94, as amended up to No. 115 (958) of 2009

Name of Act

Act of 6 July 2001 on the Tripartite Commission for Socio-Economic Issues and regional social dialogue commissions, Journal of Laws of 18 September 2001

LEGAL DEFINITIONS


Employer

Employer is an organizational unit (legal or natural person) employing workers.
Labour Code §3

MINIMUM WAGE FIXING


Procedure


Minimum wages set directly by tripartite negotiations

The minimum wage for the next year is negotiated within the Tripartite Commission by 15 July every year based on a proposal of level and date of changing of the minimum wage put forward by the government. The level of minimum wage increases in accordance with the projected global average annual consumer price index.
If the level of the minimum wage in the year of negotiations is less than half of the level of average earnings, the minimum wage increases according to 2/3 of the projected real GDP growth rate. In case the Commission does not reach a consensus, the government shall set the minimum wage by its own resolution. The level of minimum wage set by government cannot be less than the level included in the proposal presented to the Tripartite Commission.
The Commission is made up of Government representatives, as well as an equal number of workers’ and employers’ representatives.
Act on the Minimum Wage §2.1., 2.2; 5
Act of 6 July 2001 on the Tripartite Commission for Socio-Economic Issues and regional social dialogue commissions
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Minimum wage set through decentralized collective bargaining

Provisions in collective agreements, which may also regulate wages, cannot be less profitable than legal provisions.
Labour Code §2

Criteria


Needs of workers and their families

Yes. Household expenditure in the previous year; Indicator of the share of the employment income and average number of persons being dependent on one employee.
Act on the Minimum Wage §2.2

Cost of living

Yes. Information on the costs of living for different social groups.
Act on the Minimum Wage §2.2

Level of wages and incomes in the country

Yes. Indicator of the share of the employment income and average number of persons being dependent on one employee. If the level of minimum wage in the year of negotiations is less than half of the level of average earnings, minimum wage increases according to 2/3 of the projected real GDP growth rate.
Act on the Minimum Wage §2.2; 5

Social security benefits

No.

Economic development

Yes. Information on the state of the economy including: situation of the government budget, labour productivity and level of employment.
Act on the Minimum Wage §2.2

Productivity

Yes.
Act on the Minimum Wage §2.2

Level of employment

Yes.
Act on the Minimum Wage §2.2

Capacity of employers to pay

Yes.
Act on the Minimum Wage §2.2

Inflation rate

Yes. Price index development.
Act on the Minimum Wage §2.2

Other provisions

Indicator of the share of the income from employment and average number of persons being dependent on one employee;
Forecasted price index and forecasted average wage indicator and the level of the average wage in the first quarter of the negotiations year;
Forecasted real GDP growth rate.
Act on the Minimum Wage §2.2

Coverage


Scope

All employees are covered by the minimum wage. First entrants are entitled to a lower level (see below).

Excluded categories


» Workers

The Polish legislation does not foresee categories of workers exempted from the minimum wage.

Specific minimum wage rates


» Specific minimum wage by occupation

No

» Specific minimum wage by sector

No

» Specific minimum wage by region

No

» Minimum wage levels for specific categories of workers


» Trainees

No

» Youth

No

» Disabled

No

» Other categories

Announced level of the minimum wage refers to minimum monthly remuneration for full time employment . In case of part time employment the amount of minimum wage is reduced proportionally to the actual number of hours worked .
By the end of 2005, minimum remuneration for the first-time entrants to the labour market cannot be less than: no less than 80% of the legal minimum wage - during first year, 90% of the legal minimum wage - during second year of employment^.
Act on the Minimum Wage §6.2

Level


Minimum wage level(s) in national currency

1.276 zl.(since 1 January 2009)
1.126 zl (1 January - 31 December 2009)
Regulation of the Council of Ministers of 11 September 2007 on the Minimum Wage Level for 2008
Notice of the Prime Minister of 24 July 2008 on the Minimum Wage Level for 2009

Last minimum wage update

1 January 2009
Notice of the Prime Minister of 24 July 2008 on the Minimum Wage Level for 2009 §1

In-kind allowances

There are no guaranteed in kind allowances as part of the minimum wage legislation.

Rate of payment


» Hourly

Yes.
Act on the Minimum Wage §6.2

» Monthly

Yes
Act on the Minimum Wage §6.1

Scheduled frequency of adjustment

For the forecasted price index not lower than 105%, the level of the minimum wage is changed twice a year: on 1st January and on 1st June. For the price index lower than 105%, the level of minimum wage is changed once: on 1st January.
Act on the Minimum Wage §3

Enforcement mechanisms


Fines in national currency for non-respect of legislation

Employer who is not paying the renumeration on time or in the amount due, will be subject to a fine.
4:art.282&1

Results generated on: 30th August 2014 at 00:09:09.
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