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A natural disaster triggers special procedures. What solutions does the law provide?

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Benefits for victims, justification for absence from work, mobilization of the army, and ultimately a state of emergency – such legal solutions have been provided for in the event of a flood – writes Monday's “Rzeczpospolita”.

“The Genoese low causing heavy rains in southern Poland appeared faster than the fastest parliament could pass regulations on extraordinary actions during floods. Fortunately, a number of such solutions already exist in our system,” emphasizes “Rz”.

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Fast financial assistance for the most affected

The article recalled that “on the night from Saturday to Sunday, Prime Minister Donald Tusk announced the launch of rapid financial aid for those most affected by the floods.”

“These are to be benefits, the payments of which will be coordinated by the governors. Decisions on who needs help will be made at the municipal level. The assistance mentioned by the Prime Minister is regulated by the Act of 2011 on special solutions related to the removal of the effects of floods. It provides for the possibility of paying benefits to families affected by the flood or people running a household alone. Such a one-off benefit does not exceed PLN 2,000 and is intended – as provided for in Article 5, paragraph 'to meet the necessary living needs'. It is independent of the applicant's income. The decision to grant it should be immediate, and the head of the commune, mayor or city president has a maximum of two days from the submission of the application to issue it. The term 'victim' here means anyone (person, company, organization) who, as a result of the flood, suffered property damage or lost the ability to use their property. The Council of Ministers may establish a list of municipalities, by means of a regulation, in which special solutions provided for in the Act will be applied. These are more than just benefits” – it was written in “Rz”.

Excused absence

It was added that “if due to a flood an employee is unable to perform work, his absence is considered justified.”

“For the duration of such absence (up to ten days), the employee is entitled to remuneration at a rate corresponding to the minimum wage. The employer may also assign the employee to perform other work than usual if they themselves suffer as a result of the flood and the new work serves to eliminate its effects at that employer,” it was reported.

Deputy Prime Minister and Minister of National Defense Wladyslaw Kosiniak-Kamysz announced that 4,000 soldiers are on standby to help with the flood, and there is a possibility of increasing this number.

“The words of the deputy prime minister are based on the regulations. Namely, the army, which is generally intended to defend against external aggression, can be used for civilian purposes, including combating natural disasters. According to art. 175 of the act on the defence of the homeland, soldiers of the Territorial Defence Forces may be called upon to immediately report to carry out orders in connection with combating the effects of floods. Also, soldiers of the so-called passive reserve may be called upon for exercises involving participation in such activities. The act on the defence of the homeland also provides for several other solutions, e.g. the use of the military telecommunications system to combat a natural disaster,” “Rz” points out.

It was noted that “if the state's forces and resources prove insufficient to combat the flood, the government may introduce a state of natural disaster for up to 30 days (although it can be extended). In short, it means increasing the authorities' powers and limiting civil liberties”

Main image source: Janet



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