Unfortunately, the legislator does not make it easier for us to answer this question, and the time to make a choice is less and less. The assumption is for PPK to be effective from 1 January 2019, but the project regulations introducing the program (the Employee Capital Programs Act) are still under consultation.
Lack of clear provisions in the above-mentioned project of said Act causes that the largest employers, who are likely to be obliged to run the PPK from 1 January 2019, if they do not decide to join the PPE, do not have the data, on which they shall make their decision. Not without a reason, and this is due to the fact that the catalog of persons covered by the PPK will include not only persons employed under a contract of employment, but also contractors and persons employed under contracts to which the provisions regarding the order apply, as well as members of the supervisory boards.
Already now, some employers, after making the initial analysis, decided on PPE, concluding that it would be a more beneficial solution for them. This means that the Financial Supervision Commission receives more and more applications for the registration of PPE, and the time of their processing is extended. Such haste results from the fact that the justification of the Act (and not its content) includes the sentence that PPEs that will exempt from the obligation of creation of PPK will have to act on the ”day of entry into force of the Act”. This is contrary to the content of the project, which shows that the employer is relieved from creating PPK, regardless of the date of creation of PPE.
As a consequence, we recommend our clients to examine now whether it is more beneficial to them to implement PPE instead of waiting for them to be covered by the obligatory PPK.
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