Only in January, the plant released several interpretations allow business people to nonpayment insurance premiums in Poland. The gate is a contract of employment in another country EU.
Lecturer their own business from year to year must pay increasing premiums. While in January 1999. Tribute to the Insurance was calculated from the amount of 749.35 zł monthly, is since January this year running my own business must necessarily calculate the contributions of 2375 4 zł. Even worse is the case of health insurance.
– On the predatory activities of the state means that more and more people looking for a way to avoid paying high premiums – explains Dorothy Wolicka, Director Intervention Office and the Organization of the Union of Entrepreneurs and Employers.
Experts point out that the deposition on the Retirement in Poland do not encourage or information regarding the amount of future benefits.
Helping Union
Until now, it was common establishment of companies in countries EU . Where the activity was actually carried out in Poland. Such circumvention is risky. The reason? High probability of Social Security checks. It turns out, however, that the Poles have found a new – in addition lawful – a way to avoid paying fees to the parent body. Well, according to European regulations as an employee of a person employed in any EU country can run a business in Poland without the obligation to pay contributions to the Social Security as an entrepreneur.
The use of such a solution allows art. 1 paragraph. 1 Regulation of the European Parliament and Council Regulation (EC) No 883/2004 of 29 April 2004. On the coordination of social security systems (OJEU L No. 166, pos. 1 of 30 April 2004.). At the same time since May 2010. Issues related to the establishment and application of the legislation regulates the Implementing Regulation of the European Parliament and Council Regulation (EC) No 987/2009 of 16 September 2009. (OJEU No. 284, pos. 1 of October 2009 r.).
– Thus, employees are subject to the legislation of a single Member State – explains Carolina measure, a lawyer from Warsaw.
The first one was the court
Experts point out, however, that although the EU legislation in force since 2010., ZUS previously questioned the right of owners to being insured in the country in which they work on time. The situation changed only after the judgment of the Supreme Court of 6 June 2013. (ref. No. Act II UK 333/12). On the basis of ZUS was obliged to recognize insurance in another country while paying contributions from the business.
– The judgment makes it difficult to deny Social Security for minimum rates of employment in other Member States EU in order to avoid the payment of contributions from the activities pursued in Poland – says Damian Konieczny, a lawyer with the Office of Kosiorek & amp; Gdansk necessary.
It also notes that Social Security may not, without the agreement of the authorities of other Member States to issue a decision on the characteristics of social security. Which means that it has no right to independently determine deception contracts in other countries. – Willing to-time in another country will certainly be more and more – says Damian Konieczny.
Currently, the most popular among Poles enjoys Slovakia. – This country is a popular choice not only because of the proximity of the Polish, but also on the tongue. Polish and Slovak are very similar – explains Damian Konieczny, a lawyer with the Office of Kosiorek & amp; Gdansk necessary.
The experts also claim that the phenomenon of business owners flee abroad will grow. For now, just because there is little that the Poles do not know it yet. But it can change quickly.
Without the benefits of the country
Non-payment of contributions in Poland, however, has its drawbacks . Well, people who do not pay them, they have no right to any cash benefits from ZUS. So do not get sick, maternity or accident. There are also concerns regarding the obligation to pay the health premium in Poland. In this respect the opinion of experts are divided. Part believe that working in another country and those paying claims there have the right to free health care in Poland only on the basis of the EHIC issued by the country in which they are employed. While others suggest to take out additional insurance.
– In this way, in case of illness will be able to count on free medical care in Poland – explains Zenon Wasilewski, an expert. BCC medical law.
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