Key changes in HR and payroll in 2020 – employers’ duties

HR, Payroll & Social Insurance You will read this in 5 minutes Last updated:
Key changes in HR and payroll in 2020 – employers’ duties

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In 2020 the minimum wage increased by a record amount to PLN 2,600 gross, up by as much as PLN 350 year on year. Thus, every employer who specified a monetary amount in an employee’s employment contract should change the pay terms by making an agreement amending that contract. If the contract states the rate as “minimum wage” without an amount, the employer should inform the employee, preferably in writing, of the updated basic minimum wage.

 

Increase in the minimum hourly rate for mandate contracts

As the minimum wage increased in 2020, so did the minimum hourly rate for work under a mandate contract – from January it is PLN 17 gross. A service or mandate contract need not specify an hourly rate, because pay can also be agreed as a lump sum. However, before payment, the contractor or service provider has the right to check that the amount received divided by hours worked is not below the guaranteed minimum rate.

Changes in the minimum wage also change the related indicators, for example the basis for the night-work allowance, deductions and the minimum basis for benefits.

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Outstanding annual leave

As regards leave, remember that annual leave should be granted in the year in which employees become entitled to it. Every employer should therefore have granted unused leave by the end of 2019 to employees who still had days available. If that was impossible, the outstanding leave carries over to the following year, but should be used by the end of September 2020 at the latest.

Leave on demand (four days in each calendar year) does not carry over to the next year as such. If an employee did not use it, it becomes ordinary leave in the following year.

All employees became entitled to a new annual-leave allowance on 1 January 2020. Depending on each employee’s length of service, it may be 20 or 26 days in a calendar year. Part-time employees have their leave calculated proportionately to their working hours; people with moderate or significant disabilities are entitled to an additional ten days off.

 

Cash compensation for leave

Sometimes an employee must be paid cash compensation for unused annual leave, for example if the employer terminates the contract during the year or it expires. To calculate that compensation correctly, the holiday-leave coefficient is needed. It depends on the number of days off and statutory holidays in a calendar year, and is therefore usually calculated anew each year. In 2020 it is PLN 21.08. The coefficient for a given year applies as stated only to full-time employees. Part-time employees use the same coefficient, reduced proportionately to their working time.

Leave plan for 2020

Well-organised companies use annual leave plans for the whole year. Remember not to include leave on demand in such a plan. The plan must be communicated to employees in the manner adopted by the employer.

Working time schedule

Under the Labour Code definition, working time may not exceed eight hours per day and an average of 40 hours in an average five-day working week, over an accounting period of no more than four months. In 2020 two holidays fall on Saturdays, 15 August and 26 December. Employers therefore need to designate other additional days off for employees to plan working time schedules correctly. Part-time employees under employment contracts have reduced working hours proportionate to full-time hours.

 

Annual PIT-11 return

The Personal Income Tax Act requires employers to calculate and remit income-tax advances for their employees.

Annual PIT-4R, PIT-8AR and PIT-11 returns must be delivered electronically by 31 January 2020 to the tax office competent for the employer’s registered office.

By the end of February 2020, every employer who engaged an employee under an employment contract or a contractor under a civil-law agreement in the previous year must also deliver PIT-11 to that person. An exception applies if the total remuneration due under that contract does not exceed PLN 200 gross. The employer then only has to remit the so-called flat-rate income tax of 17% and is not obliged to prepare PIT-11.

 

PFRON contribution and return

The number of employees is the main criterion for the obligation to pay into the State Fund for Rehabilitation of Disabled Persons. Employers who employ at least 25 people on a full-time-equivalent basis in a month and do not achieve the prescribed proportion of disabled employees in that month must make payments and submit monthly returns by the 20th of each month for the previous month. The annual PFRON return for 2019 must be filed by 20 January 2020.

 

Accident insurance

By 31 January 2020, employers had to send the Social Insurance Institution the ZUS IWA return for 2019. It should contain information on workplace accidents and people employed in hazardous conditions. If an employer files ZUS IWA for three consecutive calendar years, the Social Insurance Institution will use those documents to calculate the accident-insurance contribution rate effective from 1 April 2020 to 31 March 2021. Employers who did not file ZUS IWA in the previous year determine their rate themselves according to their economic activity group (PKD classification).

 

Not all entrepreneurs have to submit ZUS IWA. The obligation applies to payers who jointly met these conditions:

 

Reporting to the Central Statistical Office

Employers must also submit annual information to the Central Statistical Office using these forms:

 

Duties relating to the company social benefits fund

The company social benefits fund is formed from an annual basic allocation based on the average number of employees. The calculation uses the planned average employment, adjusted at year-end to the actual average. Whether an employer must establish the fund depends on employment as at 1 January of the calendar year. In 2020, employers with at least 50 full-time-equivalent employees on 1 January 2020 had to establish it. If an employer has at least 20 but fewer than 50 full-time-equivalent employees, it must establish the fund if a trade union requests it. Other employers, namely:

may establish the fund voluntarily or pay a holiday benefit. Employers with at least 50 full-time-equivalent employees where no trade union operates, or where the union does not demand a fund, may decide not to establish it for a fixed period or indefinitely, or reduce the allocation rate by amending internal rules (a collective agreement or remuneration regulations). However, an employer cannot do this unilaterally.

As the article shows, employers have many obligations to different authorities, making it easy to lose track. I hope the above information will be helpful.

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