From Wednesday, 1 July 2020, the third group of entities obliged to implement employee capital plans

Entities which employ at least 20 employees must remember that from today, 1 July 2020, the Employee Capital Plans Act of 4 October 2018 (the “Employee Capital Plans Act”) applies also to them.

Employee capital plans?

Employee capital plans (the “ECP”) form a new, voluntary system of saving, which is supplementary to a pension from the Social Security Agency. ECPs were created in order to systematically accumulate certain amounts to be paid out after the eligible person attains the age of 60.

What are employing entities?

The obligation to apply the Employee Capital Plans Act is imposed by the legislator on the employing entities, i.e. as defined in Article 2 paragraph 1 point 21 of the Employee Capital Plans Act:

  • employers referred to in Article 3 of the Labour Code,
  • outwork employers,
  • farming co-operatives or co-operative associations of farmers,
  • recipients of services,
  • entities with the supervisory board, provided that its members are remunerated for the performance of their functions.

If your company meets the above criteria and employs at least 20 persons (as at 31 December 2019), you should immediately take action to implement the ECPs for your employees.

No later than on:

  • 27 October 2020, you must sign an agreement on the ECPs management,
  • 10 November 2020 to sign an agreement on the ECPs maintenance.


We would also like to remind you that deadlines for the ECP implementation by entities that employ at least 50 persons (entities included in stage II of the ECP implementation scheme) have been extended in line with the Act of 31 March 2020 Amending the Act on Special Solutions Related to the Prevention, Counteracting and Control of COVID-19, Other Infectious Diseases and Crisis Situations Caused by Them, and Amending Certain Other Acts (ECP implementation deadlines in stage II are the same as those set for entities included in stage III of the ECP implementation scheme).

Payments towards the employee capital plans. How much are they?

Payments towards the ECPs are basic or supplementary. They are financed by both the employer and the ECP participant.

 Basic payment (obligatory)Supplementary payment (voluntary)
Employer’s share1.5% of the gross remunerationup to 2.5% of the gross remuneration
Employee’s share2% of the gross remuneration *up to 2% of the gross remuneration

 

*The basic payment by an employee may be up to 2% of his/her gross remuneration, but not less than 0.5%, provided that his/her remuneration earned from various sources in a certain month does not exceed 1.2 times the minimum remuneration.

 

Law office D.Dobkowski sp.k. offers legal assistance to employers who are required to implement PPK

We are aware that the Employee Capital Plans Act is a challenge for every employer. Therefore, our team of ECP specialists assists employers through:

  • preparation of internal regulations concerning the introduction of the ECPs,
  • assistance in selection of a financial institution managing the ECPs,
  • providing support in concluding the ECPs management and maintenance agreements with a financial institution (including a review of compliance with agreements terms proposed by a financial institution),
  • representing the employer in negotiations with the employee’s representation,
  • fulfilling the employers’ information obligations towards the ECPs participants and a financial institution with which the employer has concluded the ECP management agreement.

If you are interested in more detailed information on the above-mentioned issues, please contact us.

Information contained in this publication is of general nature and does not relate to the situation of a particular company. Due to frequent changes in Polish legislation, we kindly request that you make sure that on the day you are reading this publication the information contained therein is still up to date. We suggest that you consult our advisers before making any decisions.