The Ministry of Development, Labor and Technology is working on introducing the possibility of concluding contracts with employees using the government ICT system. The solution is to be a facilitation, especially for natural persons who want to employ, for example, a nanny, micro-entrepreneurs and farmers. The assumptions of the bill on this matter were published on the government websites.
It is a draft act on concluding and settling contracts electronically by some employers. The Ministry of Development, Labor and Technology is responsible for its preparation.
“The draft law addresses, among others, the problem of significant burdens borne by the entity entrusting work, including in connection with reporting to ZUS, handling correspondence with ZUS and calculating insurance contributions, deregistering from ZUS and calculating income tax” – indicated.
In the opinion of the ministry, these burdens “are particularly burdensome for micro-enterprises, households and farms due to the lack of resources that can be spent on fulfilling administrative obligations, lack of knowledge about the detailed legal requirements”. According to MRPiT, “it causes both a greater temptation to move to the shadow economy (regardless of the desire to avoid financial burdens) and increases the costs of entrusting work”.
“The purpose of the bill is to provide a new tool enabling the conclusion and settlement of the contract. At the same time, there are no plans to introduce changes to the regulations of the Labor Code and the Civil Code regarding the form of concluding an employment contract and contract of mandate” – we read.
According to information on government websites, the adoption of the draft by the Council of Ministers is scheduled for the third quarter of this year.
The main assumption of the act is the expansion of the existing ICT system on the praca.gov.pl portal with new functionalities. It is planned that in the ICT systems of the minister responsible for labor, employment contract templates and mandate contracts will be available for filling in.
As we read, they will contain the elements necessary to conclude a lawful type of contract. In the case of an employment contract, these will include, in particular: parties to the contract, type of contract, date of conclusion of the contract, type of work, place of work, remuneration for work, working time and date of commencement of work. However, with regard to the mandate contract, the template will contain, in particular: the parties to the contract, the date of its commencement and expiry, the subject of the mandate, remuneration, whether the contractor has a different title to social security, and if so, what.
It has been stipulated that the system will not provide full flexibility in the provided contract templates. “If the parties to the contract want to conclude additional elements of the contract, then they will have to conclude a contract in the form provided for in the Labor Code or the Civil Code. The proposed solution is intended to facilitate the conclusion of simple contracts in typical situations” – emphasized the ministry. Additionally – as informed – the functionality of the system will be supplemented, in particular, by issuing leave requests by the employee, calculating and accounting for the leave granted to the employee.
It was emphasized that the planned additional form of concluding the contract is to be an optional option, i.e. the potential employer will be able to use it or not. He will always be able to hire an employee in the traditional way.
Facilitations for the employer
It is expected that under the proposed regulations, the employer will be dismissed, inter alia, from the obligation to keep employee documentation for the period of employment and for a period of 10 years, counting from the end of the calendar year in which the employment relationship was terminated or expired.
“These activities will be performed for him by an ICT system that will ensure confidentiality, integrity, completeness and availability, in conditions that do not threaten damage or destruction of employee documentation during the employment period” – we read. In addition, in accordance with the assumptions, the ICT system will submit reports to ZUS and the National Revenue Administration, and will be responsible for calculating and paying contributions and tax advances, as well as the amount of remuneration that should be paid to the employee’s account.
Additionally, the modernized IT system of the public employment services is to enable electronic contact with the employment authority after an employee loses his job. The minister responsible for labor will supervise the correct operation of the system.
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