Please be kindly informed that the legislative process related to the entry into force of the revolutionary Act on Employee Capital Plans (hereinafter “PPK”) is coming to an end. If nothing extraordinary happens, it should be assumed that the act will become effective from January 1, 2019.

Who needs to create a PPK?

Please be reminded that the catalog of persons covered by PPK will include not only persons employed on the basis of an employment contract, but also contractors and persons employed under contracts to which the provisions concerning the order apply, as well as members of supervisory boards. All entities employing the above persons will be required to create PPK.

The obligation to conclude PPK management contracts will be introduced gradually. And so:

• from July 1^st, 2019 for entities that employ at least 250 people;
• from January 1^st, 2020 for entities employing at least 50 people;
• from July 1^st, 2020 for entities employing at least 20 people,
• from January 1^st, 2021 for other entities and persons employed in units of the public finance sector.

At the same time, those companies that do not want to create PPK and want to choose employee pension program  (hereinafter: “PPE”) must make a decision in this area. This is due to the fact that the Act provides that it does not apply to the employing entity who, at the date of entry into force of the Act, conducts PPE and calculates and discharges basic contributions within the meaning of the Act on Employee Pension Programs to PPE in the amount of at least 3.5% of the remuneration defined by the regulations, if at least 25% of persons employed in a given employing entity have joined the PPE.

The amount of payments to the PPK

The basic payment made from the employer’s funds to the PPK will amount to 2% of the remuneration constituting the basis for assessing contributions to pension and disability insurance from the program participant. The employee shall pay 1.5% of the remuneration constituting the basis for calculating pension and disability pension contributions from the employing entity from its own resources.

How to prepare

As a result, already now the companies, especially those employing at least 250 people, must prepare for the effects of changes. They are, among others.

1.    in the organizational sphere:

• the necessity to negotiate and conclude a management contract for a PPK with a financial institution,
• negotiations with the employee side / trade union organization,
• the necessity to assign further tasks to employees regarding the broadly understood “service” of the PP

2.    in the financial sphere:

• increasing the amount of planned expenses related to staff costs,
• financing of payments.

Where to look for savings

We already recommend that you check whether your organization can find savings that will be used to finance payments to PPK. Examples of these savings are:

• accident The analysis should cover all factors affecting its height. Particular attention should be paid to the reporting of accident events,
• payments to PFRON. It should be remembered that the Polish legislator has foreseen various cases resulting in lowering payments to PFRON.