Ladies and Gentlemen,
since April 1, 2020, the so-called anti-crisis shield, a series of regulations and legal solutions introduced in connection with the ongoing COVID-19 epidemic, has been in force. The anti-crisis shield , i.e. the Act of March 31, 2020, amending the Act on special solutions related to the prevention, counteracting, and combating of COVID-19, other infectious diseases and the resulting crisis situations, and certain other acts, provides, among other things, for the possibility of obtaining subsidies for employee salaries .
An entrepreneur has the right to apply for benefits to protect jobs, for payment from the Guaranteed Employee Benefits Fund to subsidize the remuneration of employees affected by economic downtime or reduced working hours as a result of COVID-19. The legal basis for obtaining benefits is Article 15g of the Anti-Crisis Shield.
What conditions must be met to receive funding?
Funding may be granted to an entrepreneur who meets the following conditions:
- As a result of COVID-19, economic downtime has been introduced or the working hours of employees have been reduced,
- As a result of COVID-19, it recorded a decrease in turnover under the conditions specified in detail in the Act,
- It has no arrears in the payment of public law liabilities until the end of the third quarter of 2019,
- There are no grounds for declaring bankruptcy against him.
In what amount and for what period can an entrepreneur receive wage subsidy?
Funding from the Guaranteed Employee Benefits Fund may be granted up to 40% of the average monthly salary from the previous quarter, as announced by the President of the Central Statistical Office, based on the regulations on pensions and disability benefits from the Social Insurance Fund, in force on the date of application. The amount of funding depends on whether the employer has implemented an economic downtime or reduced working hours.
Wage subsidy may be granted for the period of economic downtime or reduced working hours, for a maximum period of three months from the date of submission of the application for subsidy.
Is the funding only available to employees? Can it also be provided to those employed under contracts of mandate?
The subsidy may be granted both to employees in an employment relationship and to persons employed under a contract of mandate, a homework contract or another contract for the provision of services to which the provisions of the Civil Code regarding contracts of mandate apply.
Our legal support for you
We provide legal advice on all matters related to the anti-crisis shield solutions.
In terms of obtaining subsidies for employee salaries, our services include in particular:
- Assessment of meeting the conditions for receiving funding,
- Legal support in the introduction of economic downtime or reduced working hours and in discussions with the employee side, including participation in determining working conditions during the period of economic downtime or reduced working hours,
- Legal advice in preparing an agreement with employee representation or trade unions and submitting the agreement to the relevant authority,
- Legal support in preparing the application for funding along with the required attachments, including drafting the necessary declarations and support in completing the documentation,
- Submitting an application to the appropriate provincial labor office,
- Representation before the relevant provincial employment office in the matter of granting subsidies.
If we could provide you with legal support in the above area, please contact us.
