1. Can I apply simultaneously for subsidies in connection with economic downtime or reduction of working hours (Article 15g of the Act) and for subsidies from the Poviat Authority (Starosta) (Article 15 zzb of the Act)?
2. When applying for the subsidy under Article 15g, can I apply the reduction of working time in the case of some employees, and economic downtime in the case of others?
3. Does the reduction of working time in connection with applying for a grant have to be 20% exactly?
4. Can a situation arise in connection with the reduction of working time, in which an employee will be paid less than the minimum wage for work?
5. Last year my company’s turnover was significantly changing on a monthly basis. Does this affect the rules of calculating the decrease in turnover under Article 15zzb of the Act in connection with applying for the subsidy from the Poviat Authority (Starosta)?
6. Can I apply for a subsidy under Article 15g despite the lack of agreement with a trade union or employees’ representatives on the principles of working time reduction or economic downtime?
7. Can an agreement with the employees’ representatives for applying for funding be made for a longer period than the duration of the Special-Purpose Act (180 days)?
8. When applying for funding under Article 15g, can I take into account all employees who had their working time reduced or who are affected by economic downtime?
1. Can I apply simultaneously for subsidies in connection with economic downtime or reduction of working hours (Article 15g of the Act) and for subsidies from the Poviat Authority (Starosta) (Article 15 zzb of the Act)?
Yes, but only provided that you do not receive funding from two sources for the same employee. Pursuant to Article 15g, Section 18 of the Act: An entrepreneur referred to in Section 1 may only receive aid from the Guaranteed Employee Benefits Fund if they have not received aid in respect of the same workers for the same titles of payments for job protection.
2. When applying for the subsidy under Article 15g, can I apply the reduction of working time in the case of some employees, and economic downtime in the case of others?
Yes, it is acceptable, but you should indicate in your application the number of workers affected by the reduction in working time and the economic downtime.
3. Does the reduction of working time in connection with applying for a grant have to be 20% exactly?
Not anymore. According to the amendment to the Act, the maximum reduction of working time can be 20%, so there are no longer any constraints to reduce the working time by e.g. 1/6 or 1/8 and still apply for funding under Article 15g of the Act.
4. Can a situation arise in connection with the reduction of working time, in which an employee will be paid less than the minimum wage for work?
The general rules still apply and it is not possible to pay remuneration in the amount lower than the minimum wage (in 2020: PLN 2,600 gross). At the same time, this amount refers to full-time work, so the remuneration may be proportionally lower with a lower working time. For example, at 0.8 full-time work, the minimum amount of remuneration will be PLN 2,080 gross (2,600 x 0.8).
5. Last year my company’s turnover was significantly changing on a monthly basis. Does this affect the rules of calculating the decrease in turnover under Article 15zzb of the Act in connection with applying for the subsidy from the Poviat Authority (Starosta)?
No. Pursuant to the Act, you should compare the decrease in turnover in any two corresponding months from the beginning of 2020. Therefore, an entrepreneur may choose the time periods in which the decrease in turnover was the greatest, which may influence the amount of the subsidy (depending on the scale of the decrease in turnover).
6. Can I apply for a subsidy under Article 15g despite the lack of agreement with a trade union or employees’ representatives on the principles of working time reduction or economic downtime?
No, such an application will not be accepted. Agreement with the employee representatives is a necessary condition.
7. Can an agreement with the employees’ representatives for applying for funding be made for a longer period than the duration of the Special-Purpose Act (180 days)?
The lawmakers have not determined this issue, but it seems to be unacceptable. Concluding such an agreement is closely related to the epidemic and applying for funding in connection with its occurrence. At the same time, there are no objections to conclude a new agreement after the expiry of the special-purpose agreement, on general principles, or to conclude one of the anti-crisis agreements referred to in the Labor Code.
8. When applying for funding under Article 15g, can I take into account all employees who had their working time reduced or who are affected by economic downtime?
It depends on the amount of employees’ salaries. It is not possible to include in the application those employees who receive remuneration higher than 300% of the average monthly remuneration from the previous quarter announced by the Central Statistical Office (GUS), valid on the day of application submission. Currently the limit is about PLN 15,600.
9. Can I include in the application for subsidies persons with whom I cooperate under civil law contracts?
It is possible to include contractors (under a contract of mandate), however, the lawmakers have ruled out the possibility of including persons performing specific works (under a contract of specific work).
