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Entitlement to the unemployment benefit
Entitlement to the unemployment benefit
An unemployed person becomes eligible for the benefit on the day of registration in the competent district labour office, provided that there are no proposals of an appropriate job, training, trial period, vocational training for adults, intervention works or public works for him/her and during 18 months preceding the registration, for the total period of at least 365 days:
- were employed and received a salary that was equal at least to the minimum remuneration for work (see the current rates)-podlinkować, which is liable to the Labour Fund contributions. However, it does not include unpaid leave that lasted for more than 30 days in total.
- worked on the basis of a work-by-job contract and acquired an income that reached the amount of at least the minimum remuneration for work,
- provided services on the basis on an agency contract, mandate contract or other contract for services that is covered by the provisions of the Act of 23 April 1964 – Civil Code, or cooperated in fulfilment of these contracts, provided that social insurance and Labour Fund were calculated on the basis of the amount equal to at least the minimum remuneration for work,
- paid social insurance contributions due to running a business, while the contributions for social insurance and the Labour Fund were calculated on the basis of the amount equal to at least the minimum remuneration for work (it is important to remember that the period when you paid preferential social insurance contributions is not taken into account when assessing your entitlement to the unemployment benefit, since in that particular case you did not pay the Labour Fund contributions),
- are an unemployed person released from penal institutions or investigative custody, and registered within 30 days since the release if the sum of the periods of work falling within 18 months before the last imprisonment and during the imprisonment, was equal to at least 365 days, provided that social insurance and Labour Fund contributions were calculated on the basis of the amount at least equal to the minimum remuneration for work. In the case of imprisonment that occurred during the period of receiving the benefit, after the release you will have the right to the benefit for the period shortened by the period of receiving the benefit before the imprisonment and during the breaks in serving the sentence term,
- performed work as a member of an agricultural manufacturing co-operative or co-operative of farmers’ societies or an agricultural services co-operative, provided that social insurance and Labour Fund contributions were calculated on the basis of the amount equal to at least the minimum remuneration for work,
- paid contributions to the Labour Fund in virtue of being employed or performing other paid work abroad for a foreign employer (outside the EU) in the amount equal to at least 9,75% of the average remuneration for work (see the current rates),
- were employed abroad and came to the Republic of Poland as a repatriate,
- were employed, served a duty or performed other paid work and earned a remuneration or income, liable to the Labour Fund contributions.
Remember!
It does not matter if you worked full-time or part-time, the most important requirement is to receive at least minimal remuneration for work.
It is also important to remember that there are certain groups of the employers, who are not obliged to pay the
Labour Fund contributions. In this particular case in spite of lack of the mentioned contributions the unemployed person may be still entitled to the benefit. It concerns the following situations:
- Employers and other organisational units are not obliged to pay contributions to the Labour Fund for employees returning from maternity leave, maternity leave granted to legal guardians of a child, additional maternity leave, additional leave granted to legal guardians of a child, parental leave, and childcare leave within 36 months, counting from the first month after the return from the leave.
- Employers and other organisational units are not obliged to pay contributions to the Labour Fund for a period of 12 months that starts with the first month after the conclusion of an employment contract for employee over 50 years of age and who, over a period of 30 days prior to employment, remained in the register of unemployed persons of the district labour office.
- Employers are not obliged to pay contributions to the Labour Fund for employees who have reached the age of at least 55 years for women and at least 60 years for men.
- Employers and other organisational units are not obliged to pay contribution to the Labour Fund for 12 months starting with the first month after the conclusion of the employment contract for the unemployed under 30 assigned by the labour office.
- Organisational units are not obliged to pay contributions to the Labour Fund for persons receiving the guardian benefit pursuant to the provisions on establishment and paying out benefits for guardians.
- Entrepreneurs of the Polish Association of the Deaf and Polish Association of the Blind, Association of Visually Impaired Soldiers of the Republic of Poland, Association for the Care of the Blind People, Centre for the Care of the Blind People in Laski and vocational activation centres shall not pay contributions to the Labour Fund for employed workers with a significant or moderate level of disability.
The period of 365 days, that entitles you to the unemployment benefit also includes the periods of:
- compulsory military service, extended military service, military training, preparatory service, trainee service, contracted professional military service, military drill, temporary military service or military service in the case of mobilisation and during the war, and obligatory service performed in civil defence and alternative service, as well as service as an office, referred to in the Act of 18 February 1994 on pensions of officers of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counter-Intelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the Government Protection Bureau, the State Fire Service and the Penitentiary Service as well as their families (the unemployed released from the compulsory military service or the temporary military service shall be entitled to allowance if the service period amounts to at least 240 days and falls within 18 months before the day of registration in the district labour office);
- parental leave granted in accordance with separate regulations;
- receiving disability pension due to incapacity to work or perform duty, referred to in point 1, training disability pension and periods of receiving sickness allowance, maternity allowance, allowance in the amount of maternity allowance of rehabilitation benefit after the termination of employment, performing other gainful work or non-agricultural activity, if the assessment base for these allowances and the benefit, including the amount of social insurance contributions, amounted to at least the minimum remuneration for work;
- other periods, when the social insurance contributions and the Labour Fund were paid, if the contribution assessment base amounted to at least the minimum remuneration for work;
- periods for which compensation was granted due to the illegal termination of the employment relationship or service relationship by the employer, and the period for which the compensation was granted to the employee due to shortening term of notice;
- worked as a nanny on the basis of an “activating contract” referred to in Article 50 of the Act of 4 February 2011 on the care of children aged three and under;
- receiving a family allowance in the case of being simultaneously eligible for disability pension in virtue of incapacity to work and the family allowance was chosen;
- taking care of a child by persons referred to in article 6a
par.1 of the Act of 13 October 1998 on the social insurance
system.
