Employers employing foreigners have encountered several problematic issues in the special provisions. They concerned employment protection benefits in the form of payments from the Guaranteed Workers' Benefits Fund to finance the remuneration of these employees and the social security contributions of the entrepreneur employing foreigners subject to economic downtime or reduced working time/
Article 15g(1) Act COVID-19 provides that an entrepreneur may apply for benefits for the protection of jobs, for the payment of benefits from the Guaranteed Workers' Benefits Fund to subsidise the remuneration of employees subject to economic downtime or reduced working time, following the occurrence of COVID-19, on a specific basis Under section 7 and 10, namely:
- remuneration in question Under section 6, paid by the entities concerned Under section 1, is financed by the Guaranteed Employee Benefits Fund, amounting to 50% the minimum remuneration for work determined under minimum wage provisions, taking into account the working time dimension. The grant shall not be eligible for the remuneration of staff whose remuneration received in the month preceding the month in which the application was lodged. Under section 1, was higher than 300% the average monthly remuneration from the previous quarter announced by the President of the Central Statistical Office on the basis of the provisions on pensions and pensions from the Social Insurance Fund applicable on the date of application.
The introduction of reduced working time or economic downtime must be concluded by agreement, indicating specific periods
- remuneration in question Under section 8, paid by the entities concerned Under section 1, is financed by the Guaranteed Workers' Benefits Fund up to half the remuneration in question Under section 8, but not more than 40% the average monthly remuneration of the previous quarter announced by the President of the Central Statistical Office on the basis of the provisions on pensions and pensions from the Social Insurance Fund applicable at the date of the application in question Under section 1. The grant shall not be eligible for the remuneration of staff whose remuneration received in the month preceding the month in which the application was lodged. Under section 1, was higher than 300% the average monthly remuneration from the previous quarter announced by the President of the Central Statistical Office on the basis of the provisions on pensions and pensions from the Social Insurance Fund applicable on the date of application.
Aid to entrepreneurs employing foreigners subject to economic downtime or reduced working time under Article 15g(1) Act COVID-19 in the form of employment protection benefits paid from the Guaranteed Employee Benefits Fund, the Ombudsman has received explanations of the following:
- Is it possible for foreigners doing work on the basis of a declaration of entrustment to perform work to be subject to economic downtime or reduced working time in question under Article 15g(1) Act COVID-19 without the need for a new statement and entry in the records of statements?
- Is it possible for foreigners working on the basis of a work permit to be subject to an economic downtime or a reduced working time period in question under Article 15g(1) Act COVID-19 without the need to change the existing or obtain a new work permit?
Answer
The foreigner may perform work on changed terms without the need to obtain another work permit or the entry of a new declaration of entrustment of the work to the foreigner to record statements.
- Whether an entrepreneur employing foreigners subject to economic downtime or reduced working time as referred to under Article 15g(1) Act COVID-19, are entitled to employment protection benefits in the form of payments from the Guaranteed Workers' Benefits Fund to fund the remuneration of these employees and the funds from that Fund to pay social security contributions?
Answer
Entity in question under Article 15g(1) Act COVID-19, for which the foreigner provides work on the basis of a contract of employment or on another basis specified under Article 15(4) Act COVID-19, may apply for the remuneration of such an FGS worker on the basis of Article 15g Act COVID-19, after the other conditions laid down in that provision have been fulfilled (taking the foreigner into economic downtime or reduced working time, concluding an agreement, showing a drop in economic turnover).
- What is meant by “total period 3 months’ referred to under Article 15g(16) Act COVID-19?
Answer
three months is the maximum duration of the grant, but the entity concerned under Article 15g(1) may request assistance for a shorter period.
- Can an entrepreneur apply for employment protection benefits and measures to pay social security contributions to the workers concerned under Article 15g(1) and (2) Act COVID-19 for periods covering:
- - 30 consecutive calendar days,
- - incomplete months (e.g. one or two weeks)?
Answer
Funding from the FGS shall be paid for periods during which employees are subject to either economic downtime or reduced working time, as indicated in the agreement concluded. The introduction of reduced working time or economic downtime must be concluded by agreement indicating specific periods. Applications may be submitted for only monthly periods, up to 3 months. A contract for the payment of employment protection benefits from FGM funds for part of the month cannot be concluded.
- If, during the duration of the contract, the employer reduces the period of economic downtime compared to the one the employee or restore the existing one the staff member's working time, will he be obliged to reimburse all the funds received, or part of the funds he has received to fund the remuneration and social security contributions of that staff member? Is the employer entitled to benefits for the period during which the worker was subject to economic downtime or reduced working time?
Answer
The temporary provision of work by a worker subject to economic downtime or temporary restoration of the working time in force in a given month is permissible.
In this case, the employer (in time 30 the days from the end of the period for the benefit of workers) must reimburse the grant for the period of service of the staff member subject to a downtime or for the period during which the staff member has worked in an undeclared period of working time for which he has received the grant.
The employer is not obliged to reimburse benefits for the period during which the employee was actually subject to economic downtime or reduced working time.