From January 1 this year, the company will have to pay for the contracts-orders until it reaches the amount of the minimum wage. Such an obligation introduced by the Act of 23 October 2014. Amending the Act on the social security system and some other acts (Journal of Laws of 2014. Item. 1831, as amended.). And although ZUS reported this year revenue growth, it is not known whether caused this new legislation.
Difficult bills
ZUS summed up the first three months of this year, since I began to apply the provisions requiring the payment of contributions from contracts-orders, which total basis is lower than the minimum wage (currently 1,850 zł). It turns out that the average number of persons insured under contracts-orders increased by only 45 thousand., Which in turn caused the average revenue for the Social Insurance Fund increased during the first months of this year, less than 50 million zł. At the same time it is unclear whether this trend until the end of the year will be maintained. It is worth noting that the government Ewa Kopacz, who introduced contributory orders to the minimum wage, hoped that in the first year of the new regulations to Social Security will go an additional 340 million zł, and in 2036 r. Up to one billion dollars.
Meanwhile, even the president of ZUS prof. Gertruda Uścińska notes that for several years the proceeds of the contributions of civil law contracts to grow. – For us it is important that after the first two months recorded in the previous year of about 5.5 percent. Total revenue growth contribution – notes prof. Uścińska.
Piotr Lewandowski, president of the Institute for Structural Research indicates that although in the first three months of this year, the number of people accompanying contributions and performing work under a contract of mandate or agency agreement, or other service contract, was 5 percent. higher than in the same period of 2015, but it has become a trend. – For several years, the number of people working in this way is increasing every year between 5 and 6 per cent., So in this growth there is nothing special – says Piotr Lewandowski.
And because the increased number of zleceniobiorów , it will automatically have to increase revenues from contributions. The expert points out other dangerous phenomenon.
– I calculated that the average monthly premium amount discharged in the period January – March 2016. Is only 265 zł. Meanwhile, pension contributions, which should be deducted from the current minimum wage amounts to 512 zł. As you can see, the average amount actually discharged premium is lower by half than the hypothetical – indicates Piotr Lewandowski.
The threatening gray zone
Businesses, in turn, They note that no legislation, but the economic situation of companies decide on the form of employment. – Business owners can only employ as many people, how much they can afford. I know of that small businesses due to higher and higher labor costs have to give up two of the four employees. Responsibilities were divided between those who were in the company. Politicians, imposing more and more burdens, do not realize that the finance company is not the state budget. The company, which has a deficit, simply cease to exist – explains Dorota Wolicka, vice president of the Union of Entrepreneurs and Employers.
It turns out that in 2015. Poland created 601.9 thousand. new jobs, of which 9 per cent. in the public sector, and 91 per cent. in private. If you take away from that 317.6 thousand. liquidated positions of employment, it turns out that the black is 248 thousand. new places. – If we compare to the growing number of contracts-orders, it’s hard to talk about the success of the new rules – notes Jeremi Mordasewicz expert Confederation Lewiatan, member of the Supervisory Board of ZUS.
Indicates that there is more more signals that companies are trying to escape from contracts-orders, hiring subordinates for contract work. Examples can be multiplied. For example, in shopping malls assistants working as a sales consultant or perform decoration shops. It qualifies as work, and that the way to sell products, it’s a side effect. On the other hand, working in cafes have agreements on copyright laws and drinks. About that degree can reach pathological dislike of paying contributions to the Social Insurance Institution, may indicate that even stoning fruit is sometimes considered by employing as a work.
Donos each other
As experts stress, in the present state of the law (who work on the basis of an order is subject to compulsory insurance, no matter for how long it has been concluded), it is essential that the amount achieved in a given month, the total contribution base from all these sources.
– of course, this applies to the contractor, which in the oldest part-time work reaches income lower than the minimum wage. It may therefore be that every month the contractor will be subject to another insurance. Time will be subject to insurance coverage of all the titles, and once only one, depending on the actually obtained oskładkowanego total revenue – explains Andrzej Strębski, an independent expert insurance.
And here comes the problem. Contractor often they are interested in, not to pay excessive premiums. Regulations require that to pay tribute is required each payer. Unless they hired to provide the next payer documents, which show that this is no longer need for him to pay the premiums, because its total base of all proceeds from the contract-order already reached a minimum and contributions are not payable. And that means not only need to tell the business owners, where you work, but how much you earn in the competition.
– I have not heard of or one case to the contractor went to his employer and he boasted that he was working in other companies. And in order not to lose any of these contracts, these people simply agree to work on the black, or a contract for work – noted Dariusz Jadczyk, chairman of the board of the Regional Organization of Employers in Czestochowa.
Time Analysis
Case change the amount of proceeds of insurance premiums for contracts-orders will look at the labor department. – At the moment, yet no decisions, but if revenues from civil law contracts will be low, it oskładkujemy all contract orders – says DGP Stanisław Szwed, Deputy Minister of family, work and social policy.
Trade unions want to go one step further. – We will persuade the government to introduce an obligation to pay contributions of all contracts of employment, regardless of their form – adds Wieslaw Taranowska, Vice-President of OPZZ, a member of the supervisory board. – Also, traders should pay the premiums on actual profits, and not from the lump sum, as is currently the case.
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