No one really knows how much is in Poland sole proprietorships . According to the Central Statistical Office, but still only estimates, their number is determined at approx. 1.1 million. According to the Social Security self contributors (company can suspend for two years) is 800 thousand. Account for almost a quarter of the entire sector of small and medium-sized businesses. Just how many of them you can actually determine the business, and how many of them only in name?
– It is certainly a very heterogeneous community, because not all companies have been founded on a voluntary basis. This constraint may of course be due to pressure employers to transition to self-employment, but it can also be the only chance to exit from unemployment – notes prof. Ryszard Bugaj from the Institute of Economics of the Polish Academy of Sciences. Very many programs aimed at encouraging the unemployed was to start their own business, to start where you could get a grant. However, there are no reliable studies that would determine how many of the one-person companies is the result of conscious action, and how much out of necessity. In particular, it is unclear at the scale of the so-called. false self-employment. As for the entrepreneurs who opened the business, so as not to be redundant and do the same, then engaged in working full-time.
mockery of entrepreneurship
Business – it sounds proudly. Not associated with prywaciarzem, money changer or greengrocer. Such newly upieczonemu business owner seems less formidable former boss – after assuming business, cease to be his subordinates and becomes a contractor or even better – counterparty. But was just such entrepreneurs we want? Who are these only in name? Do not generate jobs, they are not innovative, do not take investment loans or benefit from subsidies to finance expansion, do not increase exports, and their creativity comes down to counting as many costs to the cost accounted for. Freedom of establishment in their case, it sounds like a grim joke. Fictitious self-employed, there is no freedom, because of everything, and so decides employer for smoke-called principal.
– This relationship is incredible. Person running a one-man company is not yet dependent on the situation on the market, but the condition of one particular businesses , for which he is assigned. She does not think first of all the categories, which the entrepreneur in mind, but the way they think employees – says Dr. Martin Zarzecki, anthropologist and sociologist at the University of Cardinal Stefan Wyszynski University in Warsaw. – At the same time these people are beyond the pale. They are no longer employees, do not protect their labor code or trade unions, they can not take full advantage of the opportunities offered by running your own business. Is this pathology? Yes. Only problem is that both the one, that is, workers passing on their activities, as well as others – employers who force them to do so, they are made to stand against the wall – explains sociologist. He adds that the problem of incitement to self-employment concerns mainly small and medium-sized companies, for which high labor costs are stumbling block.
– A very important feature of forced entrepreneurs is a sense of uncertainty. Even if you get more money, their situation is worse than workers with very low incomes, living in poverty or in poverty, because the latter have a certain wage and employment stability – Dr Mariusz Baranowski from Adam Mickiewicz University. In his view, inter alia, because of this false self must be considered part precarity. It is also opposed to the translation of such a situation, high labor costs. It is a myth, which all translate myself permission to just happen.
This consent is very disturbing. Because agreeing to the fiction of self-employment, at the same time accept the resignation of the nineteenth and twentieth-century conquests of workers’ rights, which guarantees the Labour Code. The Code, which paradoxically protects workers so that their number is getting smaller it is the subject. Instead, we are told that we are becoming more entrepreneurial. – What about the fact that we are the most entrepreneurial country in the European Union, and in a moment we will become the most educated, does nothing if it translates into the life chances of existence or standard – says Dr. Baranowski.
Moral hazard
Not everywhere turn a blind eye to it. On the occasion of the confusion with the introduction of the minimum wage in our western neighbors loyally German administration warned that truck drivers in Poland who often formally act as sole proprietorships, under German law are treated as employees. Why? Because here that the driver was considered to be an entrepreneur, he can not derive revenue from a single customer, but above all must have a vehicle, which provides services. Besides, to talk about self-employment, the driver would have to be truly independent in the organization of the work itself, and therefore free to decide which order will perform, and which are not, or what route would go. Of course, all of these criteria Polish drivers entrepreneurs do not meet, but in our country no one is specifically not mind. Meanwhile, in accordance with the regulations in force for the Oder such a person is a false self-employed (read: its a ctivity is focused on an attempt to circumvent the rules work and cheating on contributions).
Member Old Union do not have much of a problem anyway abuse self-employed . Take the example of Sweden. – In this country, it is not seen as a significant problem among native Swedes, and is often found among immigrants, particularly from the new Member States, including the Polish. According to estimates of the Institute for Research on Migration, Ethnicity and Society in construction companies as much as 25 percent. workers may be self-employed false – says Janina Petelczyce, others, expert scientific foundation Norden Center. The most popular form of self-employment in Sweden is to register as an entrepreneur Single (Enskilda näringsidkare). This form corresponds to the Polish-manned entrepreneurs established on the basis of the entry in the register. – The actual criteria for self-employment is considered not only by the person paying both taxes and social security contributions. Such a person she plans themselves their tasks and how they perform, ensures its own equipment and tools needed for the job. There must be subordinated to the principal at work, and efforts are at your own risk (answering all their possessions for the consequences of economic activity). And of course, with activities in more than one counterparty – lists Janina Petelczyc.
Work is work
The fact that tolerated in our pseudoprzedsiębiorców, not due to lack of appropriate legislation. Theoretically now tightly restrict the potential for abuse of self-employment and thus circumvent employment contracts to companies that are associated with much greater responsibilities and higher spending. In accordance with Art. 22 of the Labour Code to perform duties under the conditions laid down in that provision is employed under a contract of employment, regardless of what both parties have concluded a contract. So if a person does the work of a particular kind, under the direction of employing and the time and place designated by him, is – by law – it is employed in the contract of employment , even if the parties have signed, eg. An agreement on provision of services. – This is a good definition of the Staff jobs because they do not leave any doubt. From above indicates who is an employee. You just need t o enforce this provision – indicates prof. Elizabeth Kryńska from the University of Lodz, Head of the Department of Employment and Labour Market Institute of Labour and Social Affairs.
Similarly, says prof. Christopher Hand, Dean of the Faculty of Law, University of Warsaw, which possibly indicates that in addition to better enforce legislation would add to the higher penalties for non-compliance. The problem is that even if the rules are good, their effective enforcement should not be the easiest.
According to the PIP every fifth inspected in 2013. Company contracts include other conditions indicating that the need to sign a contract of employment (an increase by as much as 46 per cent. in one year!). Often the mere intervention PIP enough to ensure that the company replaced the existing employment contract Staff. But inspection also sent to the courts 240 actions for establishing the existence of an employment relationship. Out of 100 cases that ended in the mid-2014., In as many as 55 cases dismissed the action, the proceedings were discontinued in 3 in 10 concluded a settlement, but only in 32 court divided the opinion of the Inspector, and found that both parties bound by an agreement of employment.
Why do the majority of cases the courts give confidence to employers, not the PIP? The answer is simple: we usually recognize that primacy is in this respect the principle of freedom of contract. So if the two parties confirm that they share only a civil contract concluded between two businessmen (business and self-employed), and – God forbid – do not want to contract of employment , the court agrees with the argument. Especially if you type concluded contract (eg. For the provision of services) has the characteristics common to both employment contracts and civil. Of course, self-employed should not agree with such statements and in court to fight for giving him a much greater privileges of employment contract. But this is only a theory. In practice, such a person knows that if she makes a lawsuit or support this presented by PIP, it can and – after about a year fighting in court – receives a contract of employ ment, but the company is about to release her. For who would want to hire someone who is suing his own boss?
In addition, the judgment confirming that connects both sides of the contract of employment, is also a cost for the samozatrudnioneg o. Throughout the period of self-employment, after paying lower premiums than those which shall be paid by the employee. After the court ruling stating that, however, was an employee, the difference would have to pay Social Security (the portion paid by the employee, his “saved” part would have to also pay the employer). This effectively deters employees from lawsuits. Thus, in practice, we have a very spicy recipe decisive in advance of having to hire a contract of employment that is not effective. – Of course, you can make other limitations of self-employment opportunities, but you must be aware of the consequences that it can cause – explains prof. Elizabeth Kryńska. In her view, any prohibitions restricting the use of self-employment can hit not only in the company avoids contracts of employment, but also in the people who actually want to earn a living on their own account. Most often they are highly qualified specialists, members of the professions, etc.
– A simple solution seems to be an increase in premiums for the self-employed, which would mean that this form of earning loses its attractiveness in relation to employment contracts. But that, in turn, could have disastrous consequences for the other group of people who are self-employed, those who choose to follow this path as if under duress, because they do not have the opportunity to gain time – indicates prof. Elizabeth Kryńska.
explains that such forced self-employed most often operate on the border of viability. In their case, increasing the burden of contribution would be tantamount to closing business and loss of earning source. Such a person – instead of working – trafiłaby pot then on welfare.
Already, some self-employed, especially those with lower incomes, dissipate relatively higher premiums than employed in full-time jobs. After all, however, according to Ryszard Bugaj, load leveling is necessary. – The first thing you need to do immediately is oskładkowanie proportion to the amount of all revenue having the nature of labor income. The second is the elimination of 19 percent. income tax, which was created under the banner of privileges for small and medium-sized businesses, and from which, in fact, uses half a million people with the highest incomes in Poland – believes Bugaj.
Everyone in the we remove them
tolerating widespread abuse of self-employed can be costly. Because – despite appearances – is not just a problem of people for whom lack of posts. The self-employed pay lower contributions to Social Security, so less money flows into the Social Insurance Fund, whose financial situation is already difficult, and will become even worse due to demographic trends – aging and loss of people of working age. In the future, they will receive low benefits, so probably will benefit from social assistance. In practice, therefore, all taxpayers pays for their maintenance.
– This is not a joke, because it is building debt. Many of these self-paying low premiums today at some point will be so low pensions that created a lot of pressure, they would have to pay extra for them – warns Ryszard Bugaj. And so there is a high risk that the country’s millions of entrepreneurs will have a pension as a citizen. – But again, whether it will be fair to all, pay extra, since in this population may be some who herded admittedly not great rates, but the accumulated funds for old age, whether through additional insurance, the third pillar, or investment in real estate?
The system can not, however, obscure a man. The self-employed through paying lower premiums earned on hand more than the employee would have received. This advantage of this form of livelihood. – Especially for the younger generation, who are convinced that in old age, no one will give them benefits. The choice of jobs that do not require large contributions to Social Security, is for them a sign of common sense – said prof. Elizabeth Kryńska of the Institute of Labour and Social Affairs.
However, self-employed earning also has numerous drawbacks. Self is devoid of most of the privileges employed under an employment contract. There is no right even to those – it would seem – basic, such as. The disease in the period of incapacity for work (unless you pay the premium disease) or leave (unless you negotiate some paid break with the employer, which is not easy, because it facilitates the investigation before the court that both parties bound by an agreement of employment, rather than civil law). Such subordinates not also include: minimum wage, parental permission (unless you pay the premium disease), anti-discrimination laws (for employees), and above all – the pronunciation rules of statutory agreements, with long (up to 3-month) periods of notice, the need to justify release (this privilege applies to working for an indefinite period), and numerous groups of persons protected. One view is self-employed – with cont ractors and dziełobiorcami – second-class workers. – People that are often difficult to go to the first one, which is to become a full-time working. There is a risk of falling into a spiral of permanent employment niepracowniczego – says prof. Elizabeth Kryńska.
As noted by Ryszard Bugaj, some flexibility in the labor market is the value. – It’s just that if you have already entered in this channel, this journey never ends. If an entrepreneur can obtain the employee without pay for the insurance, its competitive advantage in the market is high. His competitor must enter that path, even if you do not want to. Do not accuse him of greed. He plays as a full orchestra playing.
Change System
So you only need to better enforce existing regulations to eliminate Abuse for self-employment? Such a claim can be brought into question.
– The key issue in this regard is the subordination of the employer. Not in every case of a self-employed can be shown that it is performed under the direction of the company ordering the sending service, so both parties should sign a contract of employment. Moreover, due to the development of new technologies will wane subordinated work – said prof. Arkadiusz Sobczyk from the Faculty of Law and Administration at the Jagiellonian University.
emphasizes that the same subordination is explained by differences in the conditions of employment. If employees perform duties under the direction of the Head, they have the right to privileges. Theoretically self-employed themselves are to the heads, so their powers do not include.
– But how to submit is, for example. Leave, during which the obligations assumed to not provide, or the minimum wage, which serves a social function, after all – is to ensure zarobkującym minimum necessary for the operation. Is it possible to rationally justify why these powers are only eligible employees, and not performing work on a different legal basis? – indicates prof. Arkadiusz Sobczyk. – Self-employed do not have those rights only because when shaped in labor law, they simply are not there. Finally, we must recognize that without changing the system, ie the equality situation zarobkujących workers and self-employed, you can not solve the problems of the labor market – he added.
At the same time it is difficult to indicate why the latter would only be entitled to the privileges curtailed. It is more a question of how much power should be available to all those performing paid work (regardless of the basis of employment). You may wonder whether individual privileges as such. Protection against dismissal or contract termination rules are not too high and that actually hinder the companies activities and work.
– If such changes not occur, the person with the company to Social Security will pay 700 zł, and the employee reaching the same income – 1.5 thousand. zł, even though they both have the same needs in retirement. Each zarobkujący should pay contributions from their own income, because he counts, and not the way to obtain it. I like to use the powers of employment – indicates prof. Arkadiusz Sobczyk.
The first thing you need to do immediately is oskładkowanie proportion to the amount of all revenue having the nature of labor income. The second is the elimination of 19 percent. income tax, which was created under the banner of privileges for small and medium-sized businesses, and from which, in fact, uses half a million people with the highest incomes in Poland – says Ryszard Bugaj
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