Anti-crisis shield in response to COVID-19: review of proposed changes

Introduction
Pay for downtime
Reduction of working time
Working time and overtime
Sunday trading

Introduction

President Andrzej Duda recently chaired the Cabinet Council, a consultative body comprising the president and the government. After the meeting, the president and Prime Minister Mateusz Morawiecki announced a Zl212 billion package of measures – the so-called 'anti-crisis shield' – to protect businesses and employees against the adverse economic effects of the coronavirus (COVID-19) pandemic.

This article provides an overview of the proposed changes to labour law presented as part of the initial version of the anti-crisis shield announced on 21 March 2020.

Pay for downtime

In the event of economic downtime or reduced working time, employers may reduce employees' pay (regardless of the type of employment relationship) by up to 50% (with the minimum pay equal to the minimum wage). The Guaranteed Employee Benefits Fund will subsidise up to 50% of the minimum wage.

Reduction of working time

If an employer's turnover drops by at least 15% as a result of COVID-19, they may reduce working time by 20% but no more than 50% of the full-time equivalent. However, pay cannot be less than the minimum wage, of which 50% will be subsidised by the Guaranteed Employee Benefits Fund, but no more than 40% of the country's average monthly salary in the previous quarter, as published by the president of the Central Statistical Office. Consequently, employers can reduce remuneration costs by up to 60%.

Working time and overtime

The anti-crisis shield has liberalised the rules for establishing the system and the distribution of working time and overtime by certain employers.

Sunday trading

The anti-crisis shield has liberalised the ban on performing certain tasks associated with retail trading on Sundays – namely, with regard to unloading, receiving and displaying necessities and assigning such tasks to an employee.

For further information on this topic please contact Agnieszka Fedor at Soltysiński Kawecki & Szlęzak by telephone (+48 22 608 7000) or email (agnieszka.fedor@skslegal.pl). The Sołtysiński Kawecki & Szlęzak website can be accessed at www.skslegal.pl.