Coordination of unemployment benefits in Poland Prepared by: Elżbieta Rożek Rita Kubylis

The right to unemployment benefit granted to the unemployed person for each calendar day after the lapse of 7 days from the day of registration in the local labour office if there is no proposal of suitable job, training, apprenticeship, etc. within 18 months preceding the day of registration, during a total period of at least 365 days he or she was employed and received remuneration equal at least to minimum wage/salary, on which a compulsory contribution was paid to the Labour Fund.

Contributions to the Labour Fund are compulsory the self-employed pays them for himself the employee has them paid by the employer

The amount of the unemployment benefit is constant, doesn’t depend on the number of the family members or the wage/salary gained before registration is paid monthly if the period entitling to the benefit equals less than 5 years, then the right to benefit is equal to 80% of the basic amount of the benefit if the period entitling to the benefit amounts at least to 20 years, the right to benefit amounts to 120% of the basic amount

The period of receiving the benefit 6 months – for the unemployed persons resident during a period of receiving the benefit in the territory where the unemployment rate did not exceed 125% of the average unemployment rate 12 months – where the unemployment rate exceeded 125%, also: when the unemployed person is aged 50 or more and completed at least 20-year period entitling to benefit 18 months – where the unemployment exceeded twofold average unemployment rate, also: when person completed at leats 20-year period entitling to benefit

The Ministry of Labour and Social Policy one of two competent authorities Liaison Body in terms of coordiantion of family and unemployment benefits in Poland – more than 300 of local labour offices designated 16 of voivodeship labour offices according to 16 Polish regions, in charge of coordination of unemployment benefits

Application of the Art. 69 Regulation 1408/71 Records of the Treaty of accession and the practice –the discussion in the Administrative Commission –an indirect limitation –the most of countries – despite transitional periods – accept the E-303 forms

Application of the Art. 69 Regulation 1408/71 Issuing the E-303 forms and application of the transitional periods –issuing the E-303 forms regardless of the country According to Polish law: -if the unemployed comes back to Poland within 7 days, the benefit is paid without any consequences -If the unemployed comes back within 30 days, the benefit for this period is not paid, but he/she maintains the right to benefit for the rest of the period

Application of the Art. 69 Regulation 1408/71 The name of the countryThe number of the E-303 issued in Poland to EU/EEA countries – 2005 (together:244) Great Britain111 Ireland40 Sweden34 Germany31 Denmark3 Austria1 Hungary1 Slovakia0

Problemating issues E-301 unreadable handwriting the lack of concrete period of time in which the E-301 forms must be dealt with –According to Polish law the unemployment benefit is granted with the moment of proving the required period of employment (supplying E-301)

Problematic issues E-301 Not filling in all of the fields in the E-301 form Filling in the point 5.1. of the form (reason for termination of contract) –According to Polish law the reason for termination of contract has a significant meaning in granting, not granting or postponing the unemployment benefit

Problematic issues E-303 Application of rates for conversion of currencies –Decision of Administrative Commission Nr 99 (1975): with the moment of fixing the benefits with the moment of recalculating the benefits –Our Department took into account the rate from the moment of fixing the benefit (of issuing the E-303 form by the competent institution)

Problematic issues E-303 Application of rates for conversion of currencies –Regulation 574/72, Art. 97, (1)(2) – the amount of unemployment benefit shall be refunded by the competent institution to the institution which has paid the benefit as shown in the accounts of the latter institution

E-forms in statistical overview 2004 The name of the country The number of E- 303 issued in other EU/EEA countries (together: 112) The number of E- 301 issued in Poland (together: 111) The number of E- 301 issued in other EU/EEA countries (together: 231) Austria521 Denmark802 France4148 Germany Great Britain21716 Hungary000 Ireland375 Slovakia000 Spain1735 Sweden983

E-forms in statistical overview 2005 The name of the country The number of E- 303 issued in other EU/EEA countries (together: 234) The number of E- 301 issued in Poland (together: 287) The number of E- 301 issued in other EU/EEA countries (together: 2093) Austria11916 Denmark7117 France Germany Great Britain Hungary030 Ireland Slovakia044 Spain Sweden151720