Recently we’ve been receiving dozens of questions regarding the issue of support from the Polish government in the event of COVID-19 downtime. Today we will try to clarify few issues regarding financial support introduced by the so-called Anti-Crisis Shield 2.0 for people performing civil law contracts. My friend Johny will serve us as an example 😉

John works in one of Lublin’s cafes, but due to the epidemic, all cafes in Poland have been closed since mid-March. Because he is a really good employee and the employer does not want to lose him, John has not been fired, but de facto there is no work for him at the moment.

And all would be good if John had an employment contract (umowa o pracę). Due to the fact that John is still available to the employer and the lack of work was not his fault, in accordance with the Polish Labor Code, he would still receive full remuneration from his employer.

Unfortunately, John has a mandate contract (umowa zlecenie) – the so-called trash-contract, which almost in no way protects the employee (contractor). For the sake of such employees, the so-called Anti-crisis Shield 2.0 was adopted, which among other things provides the opportunity to receive a financial benefit from ZUS in the amount of up to PLN 2 080 per month. So how is it possible for John to get this benefit?

• First of all, financial support can be provided to a person legally residing in Poland and performing a civil law contract concluded before April 1, 2020. It can be any civil law contract, or even several contracts (e.g. two mandate contracts – umowa zlecenie).
• Another condition is that you cannot have another social security title – i.e. you cannot be additionally employed elsewhere on the employment contract or run a business. In this case, you won’t be able to get this help.
• Moreover, it must be proved that you cannot perform a civil law contract in whole or in part due to downtime in conducting business activity.
• Last, your income from the civil law contract(s) obtained in a month preceding the month in which you applied for the help may not exceed the amount of PLN 15 595,74.

If you grant the benefit, it will be paid to your bank account, but this does not change the fact that your employer is the one to submit the application to ZUS, not you.

John has been working legally in this cafe for over a year on the basis of a mandate contract, he has no other job and in March 2020 he earned PLN 1 200. In April, John employer submitted an application to ZUS for a granting him a benefit. This way John has received PLN 1 200 in April. If John had earned slightly more (over PLN 1 300) in March, then the amount of assistance from ZUS would be even higher and would amount to PLN 2 080 (which is 80% of the minimum wage in Poland in 2020). This is due to the fact that two income criteria were introduced:

• up to PLN 1 300 – then the aid is granted in the amount of income (i.e. if you earned PLN 700 in the previous month, the benefit will also be PLN 700, if you earned PLN 1,200 – this would also be the benefit you receive;
• and from PLN 1 300 to 15 595,74 – then the benefit is paid in the amount of PLN 2 080.

It is worth noting that John will be entitled to get the same amount (PLN 1 200) in May and June 2020, because the benefit may be paid up to three times.