The assumptions contained in the records of the so-called crisis shield are particularly important for those micro- and small entrepreneurs who have recently had a very limited and even excluded possibility of earning.
The rules on the situation of entrepreneurs are to be included in the so-called "second pillar of the crisis shield". Others 4 Pillars (total five) to support the situation of workers, health services, the financial system and public investment.
Basic assumptions of Pillar II of the crisis shield
The bill proposed last week in the section on support for entrepreneurs is intended to include the following solutions:
- • postponement of ZUS contributions and subsequent distribution of payment of contributions per instalment,
- • loan 5,000 PLN for micro-entrepreneurs – the Labour Fund is to pay micro-entrepreneurs to 9 staff loan up to the amount 5,000 PLN for the period up to 6 months,
- • financing of leasing for transport companies,
- • increasing the credit guarantees provided by Bank Gospodarstwa Krajowego,
- • temporary waiver of penalties for delays in contracts concluded as a result of public tenders,
- • the right to settle all this year's losses next year,
- • a reduction by 90% rent, if tenant did not operate in a commercial object with a sales area above 2000 m. in relation to the epidemic,
- • Policy second an opportunity to help SMEs through the restructuring process.
Changes to the project
The draft anti-crisis bill continues to undergo numerous modifications. The project is to be modified, among others, according to the proposal made by President Andrzej Duda.
The President proposed that self-employed micro-entrepreneurs whose revenue in March fell by more than 50%, may three the next months are exempt from paying ZUS contributions.
In relation to the previously proposed solution on the postponement of ZUS contributions, the proposal for exemption from the obligation to pay contributions seems to be a much better solution.
Perhaps the scope of the proposed changes will be further modified, which will prove to be much more useful to entrepreneurs affected by the economic crisis.
Enigmatic nature of solutions
The solutions proposed so far, which are to be included in the anti-crisis law, seem vague, especially in terms of their subject-matter, content and implementation procedures.
The already proposed forms of aid, such as the rent and loans to micro-entrepreneurs, indicate a significant reduction in the group of entities to which the aid is to be granted.
As far as the scope is concerned, it is currently uncertain whether and how an entrepreneur seeking assistance will have to demonstrate that his poor economic situation is linked to the outbreak of the epidemic COVID-19.
In addition, there is currently little information about the procedures to be followed and the implementation of the above-mentioned aid proposals.
The above mentioned doubts and the still updated scope of the anti-crisis law allow us to conclude that the implementation of the so-called crisis shield will have to wait a while longer. Meanwhile, many entrepreneurs need help over time two, three weeks. And it's an instant, not one they can only read about.
Author: Hanna Żołnierkiewicz
Lawyer in the Legal Department. From 2017 associated with Russell Bedford Dmowski & Partners Law Firm Sp.k. He has experience in legal services to entrepreneurs in terms of merger, division and transformation of companies, bankruptcy, restructuring and capital market law. He runs the day-to-day handling of commercial law companies, including drafting corporate documentation, both in Polish and English. He also represents clients before the general courts in economic and civil law cases.