Changing the minimum wage – what about the annex to the contract?

Every year the amount of the minimum wage changes. Is an annex to the employment contract necessary for a person who earns the so-called National lowest?

Change of the minimum salary and an annex to the contract

In accordance with the provisions of the Act on the minimum remuneration for work, minimum height salaryas well as the amount of the minimum hourly rate shall be announced in the Official Journal of the Republic of Poland “Monitor Polski by September 15 of each year..

The announced rate is valid from January 1 of the following year. Therefore, should the employment contract of people who are currently receiving the minimum wage be annexed every year?

Labor Code

In art. 29. § 1. of the Labor Code we read that arrangement employment is determined by the parties to the contract, the type of contract, the date of its conclusion as well as the working and pay conditions, in particular: type of work; place of work; remuneration for work corresponding to the type of work, indicating the components of remuneration; working hours; date of commencement of work.

Moreover, according to the provisions of the Labor Code, an employment contract is concluded in writing. Only in this form does the contract constitute a document that confirms the will of the parties.

§ 4 of the same 29th article Of the Labor Code states that the change of conditions job contract also requires a written form.

So if the minimum rate changes salary, employer should do so in writing.

“Remuneration – as an essential element of every employment contract – should be specified in a precise manner and leaving no doubts as to the rules of its payment agreed by the parties” – we read in the Supreme Court’s judgment of 3.11.1976, I PR 165/76.

The Supreme Court’s position confirms that employeewith whom the employment contract was concluded should be clear what remuneration will receive for the work done.

Annex not always required

Annex to the contract that contains the amendment minimum wageis required for employees’ employment contractswho have the amount entered in them, e.g. in 2022 PLN 3010 gross.

As the National Labor Inspectorate explains, in a situation where remuneration was not specified by specifying a specific amount, and the employment contract only states that employee receives a minimum remuneration in accordance with the rate applicable in a given year under the Act of 10 October 2002 on the minimum remuneration for work, then employer there is no obligation to prepare such an annex to the contract.

Detailed information on employment contracts is provided by the National Labor Inspectorate.

Wojciech Napora (Green Line 19524, Information Center of Employment Services)

Source:

The Act of June 26, 1974, Labor Code.

The Act of October 10, 2002 on the minimum remuneration for work.

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