Starting on July 1st, employees on contracts of order are to be paid a minimum of 12 PLN per hour. Such are the contents of the draft of the amendment to the minimum wage bill and the bill on the National Labour Inspectorate worked on by the government, Companies warn that introducing changes mid-year may do more harm than good. Therefore, they urge the legislators to prong the vacatio legis. The minimum per hour wage will be particularly to the security business, hotels, gastronomy, cleaning service providers, the construction industry, but to others as well.
– The problem is not the minimum wage itself, but the haste with which it is introduced – says Arkadiusz Pączka, expert of Employers of Poland. – First changes in social insurance contributions in contracts of order and now the minimum wage – two serious changes in a very short time, We need time to adapt – he adds. – Company budgets are not bottomless – he stresses, and mentions that this solution may harm many sectors.
The Ministry of Family, Labour and Social Policy also wants companies who use contracts of order to evidence working time. The caregiving and market sectors as well as financial and tax advisers are among those most concerned with this change. Experts warn that in practice the working time evidence will be a fiction, although the sanction would be a fine of up to 30 000 PLN. – In order to avoid them, companies will choose contracts for specific work or even the grey market – warns Arkadiusz Pączka.
According to employers, introducing the obligation to evidence conflates to legal orders – one appropriate for civil contracts, the other appropriate for the Labour Code. Employers of Poland claim that the ministry’s proposition is unconstitutional, arguing that the minimum wage per hour is higher than on contracts of employment, therefore privileging employees on contracts of order.