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Conditions to be met in order to acquire the status of the unemployed person

This article is written according to the legal status current as of: 2024-01-12

When can you acquire the status of the unemployed person?

 

See the list of foreigners who may register with the labour office as an unemployed person.

You are eligible to register as an unemployed person under the condition that:

  • you are not employed, that is not bound by the employment contract or any other contract subject to the Labor Code,
  • you do not perform work under a mandate contract or contract for specific work or any other contract subject to the Civil Code,
  • you are ready and able to undertake full-time employment or in the case of a disabled person at least half-time employment,
  • you have finished your education with the exception of extramural studies or evening schools,
  • you did not reach retirement age: 60 for women, and 65 for men,
  • you are not eligible for a retirement pension or disability pension in virtue of incapacity to work, training allowance, social-welfare disability pension or
  • you are not eligible for a family allowance that amounts to more than a half of the minimum remuneration for work (see the current rates) ,
  • you are not entitled to a maternity leave, pre-retirement allowance, rehabilitation benefit, or sickness allowance after the termination of employment,
  • you are not entitled to a retirement or disability pension granted by a foreign institution in the amount of at least minimum retirement or disability pension,
  • you do not possess more than 2 calculation hectares of agricultural land,
  • you do not earn income to be taxed on special divisions of agricultural production, unless the income from special divisions of agricultural production calculated for determining the personal income tax does not exceed the average income from work on an individual farm with the area of 2 calculation hectares, or are not liable to retirement pension or disability pension insurance in virtue of permanent work as a spouse or household member in such a family,
  • you are not subject to agricultural social insurance (KRUS) as a farmer’s spouse or household member working on a farm of more than 2 calculation hectares of land,
  • you do not have an entry in CEIDG, or after submitting an application for an entry:
    • you have submitted an application for suspension of business activities and the period of suspension still lasts,
    • you have not started conducting business activity yet,   
  • you are not subject to social insurance on the basis of other regulations,
  • you do not obtain income that amounts to more than a half of the minimum remuneration (see the current rates) with the exception of interest in your bank account,
  •  you are not entitled to any permanent benefit from Social Assistance,
  • you do not receive, pursuant to the provisions on family benefits, a nursing benefit, special care allowance or family allowance supplement for single parents and losing the right to the unemployment allowance due to the expiry of the statutory period for collecting the allowance,
  • you are not entitled to a training allowance,
  • you do not receive the benefit for guardians pursuant to the provisions on establishment and paying out benefits for guardians,
  • you are not temporary arrested, nor do you serve a prison sentence, unless you serve your sentence outside prison under the electronic surveillance system.

Legal basis
Act of 20 April 2004 on employment promotion and labour market institutions (Article 2 point 2)

Act of 11 May 2012 amending Act on old-age and disability pensions from the social insurance fund and some other acts

Regulation of the Minister of Labour and Social Policy of 12 November 2012 on the registration of the unemployed and job seekers

Development: Editorial team of Zielona Linia


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