The introduction of a minimum hourly wage has workers and trade unionists, but it can also cause them considerable problems. The State Labour Inspectorate indicates that the new legislation will be virtually impossible to enforce and may increase the gray zone, and employers complain about their hardship. – And very well. Perhaps the more it will be a pain in the butt, the less “śmieciówek” will apply – enjoys talking to money.pl Marek Lewandowski, a spokesman for Solidarity.
These changes sharply criticizes the State Labour Inspection. She sent even in that case by the labor ministry. “The proposed solution (…) should be evaluated negatively. Therefore, it would be very difficult to implement the PIP effective controls and effective enforcement of remuneration of civil law contracts” – we read in the opinion signed by Chief Labour Inspector Roman Giedrojc. He adds that change can bring counterproductive. In his opinion, it could end up increasing popularity of agreements junk.
“You can have concerns that the proposed changes will not solve, and will not reduce the phenomenon to conclude civil law contracts instead of contracts. Paradoxically, this phenomenon may become worse. Providers work, eg. on the basis of service contracts are not interested in employment in the context of an employment relationship (because in order get more). the minimum bet may also cause an increase in the informal economy, which will not be concluded any agreement in writing “- sharply criticized the Chief inspector of Labour and lists several pages all the shortcomings of the proposed changes. And calls for the PIP given the authority to issue decisions ordering the replacement of a civil contract employment agreement.
Besides, PIP is not the only one whose idea of a minimum hourly wage do not like. The shortcomings also highlight the employer. They do not like primarily responsible for recording hours of work contractors, which is not only a nuisance, but above all difficult to achieve.
Employers: It is the growth of bureaucracy and nuisance
– negative refer to the idea. This represents an increase of bureaucracy and impose cooperating entities unnecessary administrative duties threatened penalty of a fine of 1 000 zł 30 000 zł – says Dr. Grazyna Spytek-Bandurska, expert Lewiatan Confederation. – This solution interferes with the civil law contract, the essence of which is the kind of commissioned work or service provided and remuneration, without dividing them into individual units of time.
According to the Confederation Lewiatan wrong is also the basic premise of the introduction of a minimum hourly rate. According to the employers should also take into account other than hourly ways of settlement of the work and make the exemption from the recording, for example, some industries.
“Precise in all situations that require such an exclusion is not possible at the design stage adjustment. As a result, this should take care to take into account all possible situations through the formulation of a more general record, allowing others from hours of the settlement in justified cases “- says the position of the Confederation of Leviathan.
Employers argue that the minimum hourly rate will be difficult to apply, for example, industry design and construction, where the civil contract is most commonly used between the purchaser and the person acting as an independent technical function. It is hard to imagine that eg. The designer or construction manager, who is ordered to bring to obtain a building permit, ran for the specific contract records of the hour.
But this is not the only one of this type of profession. Similar problems may be even specialists, marketers and carriers leaflets. In their case, the contractor receives specific remuneration for gets out of newspapers, and how quickly it does not matter for the parties.
“Recording time these people are so impossible and to even pointless. Due to the nature of these contracts one of the chain stores have them contained several thousand throughout the country. the settlement of these contracts according to the records would mean a huge effort extra work “- punctuate the employer.
Employees answer: I very well!
– the problem of recording time depending on the profession emerged during the last Council of Social Dialogue and has been widely discussed – says money.pl Marek Lewandowski, a spokesman for Solidarity. – We see this problem, pointed out even a particular person from the University of Warsaw, who in his scientific work devoted herself to this issue and we hope that will help us solve this problem.
The unions acknowledge, however, that “if you have to pay per hour, we must also know how to count. ” – Or perhaps instead simply use the agreement as a replacement for junk-time, just to give a contract of employment, where she used to be? – Asks Lewandowski. It draws attention that the biggest problem in the market are not even the same rules, but the excessive length of judicial proceedings.
spokesman Solidarity also calls to both the introduction of the minimum hourly wage, limit the pathologies in the labor market associated just with the use of “śmieciówek” where it should be time. Then this nuisance would not be so painful for employers.
– While it may on the one hand a good thing. Let the hiring on civil contracts will be for employers so annoying and inconvenient to slowly started to give this up for jobs – puentuje representative compounds.
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