The plans for such changes in the law recently informed the media , citing the ministry . But how to set the DGP , the resort will only produce a report with the lowest salary , which will include determine how changes in legislation would be necessary if the lowest salary were to be covered by the self-employed .
According to lawyers , however, such a solution would be unacceptable interference in the freedom of contract and would put into question the distinction between civil law and labor law .
There are already regulations
The hourly rate of the minimum wage , which applies a worker employed full-time , is variable, because the number of hours to be worked in each month varies . Generally, it can be calculated by dividing the minimum wage (1600 zł in this year , 1680 zł in the future ) by that number of hours . If the latter example, in one of the months of next year will be 168 , it is easy to calculate that the lowest rate will be 10 zł (1680 zł / 168 hrs . ) .
Salary workers paid hourly must reach the minimum level . This guarantee employment regulations. Under the Act of 10 October 2002 on the minimum wage ( OJ No. 200 , item . 1679 , as amended . Amended . ) , If in a given month due to the timing of payments of certain components of pay or work schedule the employee salary is lower the minimum height , he should be alignment. Shall be paid for the period of each month , including the fee .
In the case of persons working in the hourly rate compensation is paid for each hour of work . It represents the difference between the amount of remuneration arising from dividing the minimum wage (1600 zł this year) by the number of hours attributable to overwork in a given month (eg 168) and the salary received by the employee ( per hour).
They will often use
- Determination of salary hourly rate is a solution rarely used by employers. But there is no obstacle to an employee in lieu of a fixed monthly salary in the contract had indicated its amount per hour of work , including the working hours of a person - says Izabela Zawacka , legal counsel, law firm Wojewódka and Partners.
In her opinion in connection with the amendment of the Labour Code concerning the introduction of a 12-month accounting period your employer probably will often resort to such a solution . It will allow the payment of employee wages for time actually worked .
This is particularly important when the schedule assumes a large variation of working hours in each month ( this allows long periods ) .
Still, the remuneration calculated as the sum of the hourly rate and hours worked can not be lower than the minimum wage .
It will report
Contrary to media reports in the government has not decided on any changes in this regard.
