New employment contracts with the Ukrainian workers.
This week, may 16, in Poland comes into force the new law on the provision of assistance in the harvest, which introduces a new type of employment contract “help in the harvest (Umowa o pomocy przy zbiorach), reports Rus.Media.
Touch it will, by and large, only field work: collecting, sorting, cleaning and harvesting fruit, berries and vegetables. To register a document in the provincial Department of labor will be the employer for 30 PLN (as in the case of a Declaration of intention to employ a foreigner).
Will pay less
The design contract will be free for each party. The work on it is seasonal helpers can not exceed 180 days in a year. In this case, the work permit will be required for work.
“Likely candidates from Ukraine will adhere to the already well-established over the last year scheme – check out the “exploration” mode bezveza, then the receipt of the documents for the visa type Д05а (the right to work for up to 180 days during the year), with the subsequent registration of a residence permit”, — told us the Director of recruitment Agency “Ukrainian Recruiting” Vladislav Shtepa.
Clearly, the increase in the total number of signed agreements between applicant and employers indicates a positive trend in the aspirations of our fellow citizens to work abroad legally. However, a new agreement between the farmer and employees carries with it a number of positive norms, such as medical insurance and insurance from accidents on manufacture and relatively risky for migrant workers regulations, experts say.
For example, at the conclusion of the contract, the employer may, at its discretion, install its salaried assistants salary. The risk is that such a document allows to pay workers below the statutory minimum. Today, the minimum salary in Poland of 13.70 zlotys gross per hour, or 2 100 PLN gross per month.
The tax authorities will ask
Anyway, the employee can choose a more accommodating employer, and go to work by that bidder. Fortunately, jobs for immigrants in Poland enough.
“These agreements though do not provide for minimum rates, however, tax inspection should not prevent a substantial understatement, since then a decrease in tax revenue. Therefore, we should expect the occasional lows – most will be afraid strongly to reduce the rate, as such a work permit does not reconcile. Remuneration is one of the elements of the work permit. Much depends on salaried people – if you want to “play” in the envelopes that are on social security can be forgotten,” — said UBR.ua Director of “Enomy Consulting” Gregory Miller.
With accidents on manufacture is not so simple.
On the one hand, the employee should understand that signs. On the other, even though the employment contract in Poland is obliged to be bilingual, but the other forms still remain exclusively in Polish.
There were many cases when the trade happened, some kind of trauma and the workers signed a paper, prepared by the employer, where it was stated that the injury was caused by negligence, or because of lack of qualifications or skills of the employee.
“The new agreement makes the employee more secure. If the farmer does not fulfill its obligations, then the assistant has the right to file a complaint with the state Inspectorate of labor. Do not forget about the obligatory insurance of the employee, which will give the right to compensation in case of accident, as well as the right to free medical care”, — said in a conversation with UBR.ua partner of law firm “Ares” Roman Chumak.
Insurance will pay pole
For each seasonal employee hired on contract to assist in the harvest, the farmer will be required to pay monthly 184 PLN of premiums.
“The agreement is a guarantee that the employee can benefit from all the rights stipulated in the labor laws of Poland. Of the main: the right to paid leave, compensation for injury, paid sick leave,” — says managing partner at EXPATPRO Lubomir Kuzyutkin.
The employer is obliged to register the insurance of their new assistant within a week from the date of conclusion of the contract at ZUS (social insurance Office). Insurance premiums pays for the assistant the employer. If desired, the employee may separately purchase additional health insurance.
“ZUS is paid by the employer, and the employee receives the net wage (net in hand) minus the amount of the insurance payment. Relatively speaking – it’s our SST, which depends on the wage. He, like us, calculate the part of the salary of the worker, and the part of the employer”, — said in an interview the President of the Ukrainian Association of international employment Vasily voskobojnik.