One of the basic obligations of an employer is to provide social security for employees – explains Monika Smulewicz, labor law expert and president of HR at Szpilkach, in an interview with the business editorial office of tvn24.pl. – If the employer is flooded, affected by flooding, then they may not have the means to help employees – she states.
At tvn24.pl we provide the latest information on the weather situation in Poland and abroad:
Heavy rainfall has caused rivers to swell in the south of the country. The effects of the violent flooding phenomena were felt most by Głuchołazy and Kłodzko, but there are many more towns that are facing flooding.
Destruction in KłodzkoTVN24
Monika Smulewicz, an expert in labor law and president of HR at Szpilkach, points out in an interview with the business editorial office of tvn24.pl that “companies from flooded areas have a two-track problem.”
– One of the basic obligations of an employer is to provide social security for employees. Of course, within the limits of available funds. If employees are struggling with the effects of flooding, the employer should help employees, whether through the social fund or working capital, he explains.
He points out that there is another side to the problem. – If the employer is flooded, affected by flooding, then they may not have the ability to help employees – Smulewicz warns.
“This can also support entrepreneurs in some way”
The Prime Minister on Sunday Donald Tusk announced the commissioning of the preparation of a regulation of the Council of Ministers on the introduction of a state of natural disaster.
As stated in the project description on Monday, a state of natural disaster will be introduced in selected counties, cities with county rights and communes in the Lower Silesian, Opole and Silesian Voivodeships. These locations will be selected based on the recommendations of voivodes after meetings of the relevant provincial crisis management teams.
– I am pleased with Prime Minister Tusk's announcement of the introduction of a state of natural disaster, because this can also support entrepreneurs in some way. At least financially, in the long term – says Monika Smulewicz and adds that “we have to wait for the details of such support”.
According to the labor law expert, “today, companies have to deal with the fact that employees will not come to work, will not perform their duties, because they simply do not have such opportunities. This will affect the productivity and results of the company.”
Workers on garbage trucks. “Only social welfare centers remain”
We ask what protection can employees on junk contracts count on? – All subsidies, additional leave are provided for employees on employment contracts. The social fund applies to employees, former employees and retirees. If we have people employed on the basis of a civil law contract, they are not covered by the funds of the company's Social Benefits Fund – replies Monika Smulewicz.
As he adds, if the employer does not provide financial resources from working capital for contractors under a contract for specific work, then the only options left for such people are social welfare centres.
– In the counties and communes affected by the flood, it is important that such accidental situations do not become a field for various abuses. It is about wise management and management of additional funds, so that they are actually intended for the victims. So that it is clear who, when and in what amount is entitled to benefits. So that there is no arbitrariness in granting benefits and at the same time creating pathology in this area – he emphasizes in our interview.
What are the rights of an employee affected by a flood?
Monika Smulewicz informs that employees have the following options:
- From 2023, in the event of inability to perform work due to force majeure, employees have the right to be released from work for 2 days or 16 hours while retaining 50% of their salary.
- Employees have the opportunity to take a day off immediately
- When a nursery, kindergarten or school is closed, employees have the right to care allowance for a child up to 8 years of age
- If the workplace is not operating, the employer is obliged to pay wages for the downtime. This also happens if the employee does not work during this time.
- The regulations provide for many forms of tax exemption support. Exemptions are limited in amount and depend on the source of financing. According to art. 21 sec. 1 item 26 of the Act, benefits received in the event of individual accidental events, natural disasters, long-term illness or death are exempt from income tax: a) from the social fund, company social benefits fund, trade union funds or in accordance with separate regulations issued by the competent minister – regardless of their amount, b) from other sources – up to an amount not exceeding PLN 6,000 in the tax year other benefits from the Company Social Benefits Fund, including benefits other than “accidental” – up to PLN 1,000.
Employers' obligations
- It is the employer's responsibility to ensure safe working conditions
- In the event of a workplace closure, employers must remember about the obligation to pay wages and possible procedures for dismissals
- Employers may consider additional forms of support for employees, such as assistance in finding an alternative workplace or flexible working hours.
Main image source: PAP/Michał Meissner