28.04.2020 Business law

Shield 3.0 project – major amendments

The government is working on the Anti-Crisis Shield 3.0. The draft bill will be presented before the end of this week. What solutions are to be found in the new bill?

According to the information available, the new version of the anti-crisis shield shall be amended as follows:

  • subsidies for the interest rate on bank loans to companies affected by the crisis
  • changes in public procurement, so that no fines will have to be paid for failure to meet the contract deadline
  • ‘unfreezing’ of the National Appeal Chamber
  • specifying the concept of ‘remote work’
  • introducing simplified dismissal rules. First of all, the rules should apply to employees who have other sources of income, including pension, disability pension and other social security benefits. This also applies to persons who have income from other gainful activities, paid functions or property rights. The new regulations allow employers to gather such information from their own sources as well as from employees’ statements made at the employer’s request. The collection of such sensitive information is to be done in accordance with the GDPR
  • employer will be able to terminate the contract remotely by e-mail, and an employee who has been dismissed online is given 7 days to lodge an objection
  • employers who have recorded a 15% decrease in turnover year on year or a 25% decrease in turnover this year alone will be able to reduce the working hours by 10% for all employees and, consequently, to reduce their salaries by 10% (there is no necessity to approve these decisions by the staff or trade unions)
  • the possibility of sending employees on leave at a time convenient for an employer (leave up to half of this year’s length and up to 30 days of leave from previous years without obtaining permission from employees and without a leave plan)
  • suspension of collective bargaining agreements and remuneration regulations that would have any provisions on employment guarantees
  • no obligation to pay termination payments if an employee has income from other sources
  • possibility of subsidizing the rent for tenants for up to 6 months. The subsidy will be granted only to those who have lost their jobs due to the coronavirus epidemic and those who have been deprived of any income
  • facilitation for those who have taken out a loan under the state programme “Family on their own” – the state will continue to subsidize interest
  • regulations hindering the acquisition of Polish companies by foreign investors

At the same time, the government is preparing another version of the special aid act, i.e. the Anti-Crisis Shield 4.0. The planned amendments include:

  • repeal the provisions on the suspension of judicial and procedural deadlines
  • the extension of the catalogue of urgent cases, including those relating to bankruptcy, it will also be possible to communicate with courts through ePUAP and e-hearing
  • increase in the income limit per family member entitling to a maintenance fund benefit (from PLN 800 to 900)
  • postponement of the date of share dematerialization – to 1 March 2021
  • postponement of the deadline for reporting on waste

Zobacz także: Shield 3.0 – new deadline for share dematerialisation

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