Loss of the unemployed person status - Artykul

You will lose the status of an unemployed person if you:

• undertake employment, other paid work  or non-agricultural business activity (it is the actual start date of a business that counts rather than the date of obtaining an entry in the business database);
• obtain a grant or loan from the Labour Fund or the National Fund
  for Rehabilitation of the Disabled (PFRON) to start up a business activity or for a contribution
  to a social cooperative;
• start to participate in the individual programme of social employment or sign a social contract;
• do not accept without a justified reason an appropriate job offer or other measures of assistance offered by your district job center;
• refuse without a justified reason to undergo a medical or psychological examination for the purpose of assessing your ability to work;
• refuse without a justified reason to participate in the Activation and Integration Programme, conducted by the labour office, other entities designated by the labour office or social welfare centres;
• fail to appear at the labour office for a compulsory appointment and do not justify the absence within 7 days;
• are unable to work because of sickness or stay at a detoxification center for a continuous period of 90 days (including breaks that are no longer than 30 calendar days), however,  thelabour office cannot deprive pregnant women  of the unemployment status due to pregnancy-related inability to work for a continuous period of 90 days, except when an unemployed woman wants to resign from the status herself;
• fail to appear in person at the district labour office competent for  your new registered address within 14 days from the change of address;
• fail to submit a sick note (ZUS-ZLA) in case of illness or taking care of an ill dependant  within 7 days;
• fail to submit a certificate of staying at a detoxification centre;
• fail to complete your trial period, training course, individual action plan, socially useful works or any other assistance offered by your district labour office ,
• through your own fault fail to complete the Activation and Integration Programme, conducted by the labour office, other entities designated by the labour office or a social welfare centre;
• decide to resign from the status yourself by submitting a relevant statement,
• stay abroad or are unable to undertake a job for a period of more than 10 days within a calendar year.

When and for how long may you lose the unemployment status?

You will lose the status of an unemployed person on the day after:

• the day of receiving any public funds for starting a business;
• start day of participation in the individual programme of social employment or after the day of signing a social contract;
• the day of being assigned to a training course, vocational training for adults, trial period, socially useful works that you reject.

If you reject without a justified reason an appropriate job offer, participation in the Activation and Integration Programme any measures of assistance offered by your district labour office or refuse to undergo a medical or psychological examination, you will lose the unemployment status on the day of your refusal for:

• 120 days in the case of the first refusal,
• 180 days in the case of the second refusal,
• 270 days in the case of the third and any further refusal.

If you fail to complete a trial period, socially useful works, the Activation and Participation Programme or other measure of assistance offered by the labour office through your own fault, you will lose the status on the day of interruption for:

• 120 days in the case of the first interruption,
• 180 days in the case of the second interruption,
• 270 days in the case of the third and any further interruption.

If after being assigned to a training course, vocational training for adults, trial period, socially useful works or other measure of assistance offered by the labour office you refuse to undertake it, you will lose the status on the day after the day of being assigned for:

• 120 days in the case of the first refusal,
• 180 days in the case of the second refusal,
• 270 days in the case of the third and any further refusal.

If you fail to appear at the labour office for a compulsory appointment and do not justify the absence within 7 days, you will lose the unemployment status for:

• 120 days in the case of the first absence;
• 180 days in the case of the second absence;
• 270 days in the case of the third and any further absence.

If you fail to complete the vocational training for adults through your own fault or do not take the examination, you will lose the status for 6 months.

If you remain unable to work due to illness or stay in  a detoxication centre for a continuous period of 90 days (including breaks that are no longer than 30 calendar days) , you will losethe unemployed status on the last day of that 90-day period.

How can you regain the unemployment status?

After the periods of time indicated above you can register as an unemployed again if – of course – you meet all the other requirements.

Additional information

You will not lose the unemployement status  during pregnancy due to  incapacity to work related to  pregnancy for a continuous period of 90 days, except the situation when you submit a declaration of resigning from   thestatus yourself.

The labour office cannot revoke  the unemployment status iin the case of:

• a women after giving birth,
• aunemployed person after adopting a child,

due to lack of the ability and readiness to undertake employment caused by taking care of a child during the period of maternity leave, maternity leave granted to legal guardians of a child, additional maternity leave, additional leave granted to legal guardians of a child and parental leave, except in the case of submitting a declaration of resigning from the unemployment status.

You will not lose the unemployment status if you obtain an entry entered in the National Court Register, as a founder of a social cooperative after the date of registration in the district labour office, as a result of acceptingyour application for a subsidy for for the establishment of a social cooperative, until the day following the date of receiving the subsidy.

Legal basis
Act of 20 April 2004 on Employment Promotion and Labour Market Institutions (art. 33, 53h)

Development: Editorial team of Zielona Linia