Resolution No. 208
of the Management Board of PKP
dated 1 August 2000
In order to provide for rational management of labor and financial resources allocated to labor restructuring during restructuring process of “Polish State Railways” state owned enterprise, the Management Board of PKP hereby resolves to:
§ 1
1. The Management Boards accepts the Ordinance on managing labor resources and financial means allocated to labor restructuring during restructuring process of “Polish State Railways” state owned enterprise.
2. The Ordinance, referred to in point 1 above, shall be published in the PKP Bulletin A.
§ 2
During restructuring process of “Polish State Railways” state owned enterprise, tasks related to organizing, implementing, managing and supervising labor restructuring as well as implementing and realizing labor incentive schemes for employees of PKP units, as well as managing financing means allocated to labor restructuring in PKP units shall be performed by Railway Labor Restructuring Agency (KAAZ).
§ 3
The Management Board of PKP hereby requests directors of PKP units to:
1) cooperate with the Director of Railway Labor Restructuring Agency and Head of Regional Office of KAAZ, relevant by area, in the scope of implementing tasks flowing from labor restructuring program and labor incentive schemes,
2) cooperate with Head of Regional Office of KAAZ, relevant by area, in drafting implementation schedule in the scope of labor restructuring program and labor incentive schemes proposed for staff of PKP units.
§ 4
This Resolution becomes effective on the date first and above written
Ref. No. A-0011-11/2000
/-/ signature illegible
seal reads:
President of PKP Management Board, Director General Krzysztof Celliński, Msc. Eng.
Ordinance No. 118
of the Management Board of PKP
dated 1 August 2000
on management of labor resources and financial means allocated to labor restructuring during restructuring process of “Polish State Railways” state owned enterprise
Under Article 36 of the Law dated 6 July 1995 on “Polish State Railways” state owned enterprise (OJ No. 95 item 474 as amended from time to time) it is hereby ordered to:
I. GENERAL PROVISIONS
§ 1
This Ordinance regulates principles and procedure to implement labor restructuring program and labor incentive schemes for the employees of “Polish State Railways” state owned enterprise.
§ 2
Under relevant contract with PKP, a subsidiary established under PKP restructuring program shall take over responsibilities and tasks flowing from this Ordinance in case it decides to make use of financial means allocated to labor restructuring and held by PKP.
§ 3
Whenever this Ordinance refers to:
a) PKP organizational unit – shall mean an organizational subdivision of “Polish State Railways state owned enterprise;
b) PKP unit – shall mean an organizational unit of PKP and a subsidiary established under PKP restructuring program.
§ 4
Railway Labor Restructuring Agency (KAAZ) shall organize, implement, lead and supervise labor restructuring process; implement and carry out labor incentive schemes for employees of PKP units as well as manage financial means allocated for labor restructuring in PKP units.
§ 5
Tasks flowing from Paragraph 4, save for management of financial means allocated for labor restructuring in PKP units, shall be implemented by Regional Railway Labor Restructuring Agencies.
§ 6
1. Activities of a Regional Railway Labor Restructuring Agency shall cover PKP units with the seat located in the Region.
2. Geographical area of each Regional Railway Labor Restructuring Agency is set forth Attachment 2 to the Ordinance No. 135 of the PKP Management Board dated 7 December 1999 on establishing Railway Labor Restructuring Agency within “Polish State Railways” state owned enterprise and statute thereof.
3. In case a PKP organizational unit operates on the area of more than one Regional Railway Labor Restructuring Agency, procedure and principles of cooperation between manager of such PKP unit and Heads of the Regions shall be provided for in relevant agreement.
II. GENERAL PRINCIPLES OF COOPERATION BETWEEN
MANAGERS OF PKP UNITS AND RAILWAY LABOR RESTRUCTURING AGENCY
§ 7
Managers of PKP organizational units shall be required to cooperate with the Director of Railway Labor Restructuring Agency and the Head of Regional Railway Labor restructuring Agency, relevant by area, in the cope of implementing tasks flowing from the labor restructuring program and labor incentive schemes, and in particular to:
1) keep the Director of Railway Labor Restructuring Agency informed, via relevant Head of the Region, on tangible and intangible assets, which might provide base for establishment of units to take over PKP employees to be made redundant and willing to start own business,
2) supply information on proposed organizational and legal transformations,
3) enable representatives of the Agency to hold meetings with employees of the PKP organizational unit in order to convey information referred to implementation of labor restructuring program and labor incentive schemes; and to this end make rooms and relevant office equipment available free of charge.
§ 8
Heads of Regional Railway Labor Restructuring Agencies, in agreement with managers of PKP units, shall be required to develop a schedule for implementation of tasks flowing from labor restructuring program and labor incentive schemes for employees of such units.
III. MANAGING INFORMATION CAMPAIGNS
§ 9
1. Regional Railway Labor Restructuring Agencies shall develop, collect, update and distribute information on jobs and current situation on labor markets, hereinafter referred to as labor professional information.
2. Professional information might in particular take form of written materials, audiovisual or computer databases.
3. Professional information is required for professional and social advisors and managers of PKP units, as well as for institutions cooperating with the Railway Labor Restructuring Agency.
§ 10
1. Professional and social advisors shall make available to employees of PKP units seeking new jobs, relevant information on vacancies and professional training centers.
2. Making the information, referred to in point 1 above, available shall mean in particular announcing such information on billboards in PKP units and furnishing such information to all interested during meetings with professional and social advisors.
IV. INVESTIGATIONS AND STUDIES OF LOCAL LABOR MARKETS
§ 11
Professional and social advisors shall investigate and study situation on local labor markets.
V. TRAINING AS A FORM OF LABOR INCENTIVE SCHEME
§ 12
1. The Director of Railway Labor Restructuring Agency shall approve training programs and materials in the field of incentives to seek new jobs, developed by professional and social advisors.
2. Heads of Regional Railway Labor Restructuring Agencies shall develop and distribute, to participants of training programs and free of charge. information materials and handbooks, as well as stationery required to implement training programs in the field of incentives to seek new jobs carried out by professional and social advisors.
3. Professional and social advisors shall carry out training programs in the field of incentives to seek new jobs.
4. The training programs, referred to in point 3 above, may be carried out by other training institutions commissioned by the Director of Railway Labor Restructuring Agency.
5. Cost of the training programs, referred to in points 3 and 4 above, shall be covered from financial means allocated to labor restructuring managed by the Railway Labor Restructuring Agency.
§ 13
1. Employees of PKP units, whose employment relationship has been terminated on account of reasons pertaining to the employment unit, during the termination period, may be delegated to receive a one-time training in order to re-qualify, which would enable to take a new job or obtain qualifications required to start own business.
2. Professional and social advisors shall initiate training for employees, referred to in point 1 above, in order to increase chances to find a new job, upgrade professional qualifications or increase professional inventiveness, and in particular in the following cases of:
1) no professional qualifications,
2) required change in qualifications related to lack of adequate job offers,
3) losing abilities to get a job in the same profession,
4) possibility to start and continue own business.
3. Upon recommendation of a professional and social advisor, Head of relevant Region shall delegate employees, referred to in point 1 above, to recommended training program whenever it is feasible that such training program would enable them to find new jobs and at the same time one of the requirements set forth in point 2 above is met.
4. Such training program should last not more than until the end of termination period, and in any case not more than 6 months only when it is required for a given post.
5. The training program may last more than six months provided that it is completed before the employment contract of the employee to be trained is terminated and the employee, other than employee during termination period, shall, during such training program, represent that he/she will terminate the employment contract with PKP promptly after the training program is completed.
6. Before an employee is delegated to a training program, a professional and social advisor may establish predisposition of the employee, referred to in point 1 above, to hold the job to be trained, and order specific medical examinations in reasonable circumstances.
7. Railway center for labor medicine shall participate in establishing of the predisposition of the employee, referred to in point 1 above, to hold the job to be trained.
8. Principles of cooperation between professional and social advisors and railway centers for labor medicine at the Directorate for Railway Health Services shall be set forth in relevant agreement concluded between the Director of Railway Labor Restructuring Agency and the Director of Directorate for Railway Health Service.
§ 14
Training programs to obtain qualifications required to start own business shall in particular aim at supplying employees with relevant knowledge on:
1) legal and organizational form of economic activity for own account,
2) possibilities to obtain loans and credits to launch own business,
3) possibilities to obtain loans and credits to create new jobs,
4) possibilities of getting access to PKP property or subsidiaries established under PKP restructuring program.
§ 15
1. Cost of the training programs, referred to in paragraph 14, shall not exceed double the average monthly remuneration in “Polish State Railways” state owned enterprise during a quarted preceding the quarter, during which the training takes place, with reservation of point 2 below.
2. In particularly reasonable circumstances, approval for the training, the cost of which exceed double the average monthly remuneration, referred to in point 1 above, may be granted by Member of the PKP Management Board – Director for Labor Issues.
3. Cost of the training programs, referred to in paragraph 14, shall be covered from financing means allocated to labor restructuring managed by Railway Labor Restructuring Agency, with reservations of points 2 and 4 below.
4. Employees benefiting from the training programs, referred to in paragraph 14, shall cover 20% (say: twenty per cent) of related training cost.
5. Clearing principles between Railway Labor Restructuring Agency and PKP units on account of training programs carried out for employees of such units, shall be established contractually by relevant parties.
§ 16
With respect to organizing training programs, the Railway Labor Restructuring Agency shall cooperate with employers, training institutes and other social partners.
§ 17
1. Railway Labor Restructuring Agency shall take the following actions with regard to organizing training programs:
1) analyze professional needs on labor markets in order to adopt training programs to employers’ requirements,
2) establish training needs of the employees of PKP units,
3) set criteria for recruitment of the employees of PKP units,
4) select training offers and training organizers taking due account in particular of:
a) conformity of training agenda with requirements of labor markets,
b) qualifications of trainers,
c) training methods and techniques and share of practical exercises,
d) lay out of training agenda,
e) training premises and training materials and equipment,
f) supervision system of training organizers,
g) proposed efficiency of training programs,
h) training cost,
5) distribute information on training possibilities and conditions to employees of PKP units,
6) select candidates to receive training.
2. Railway Labor Restructuring Agency shall control provision of selected training programs and carry out systematical studies of efficiency of training programs for employees of PKP units.
§ 18
1. Employees of PKP units with terminated employment relationship on account of reasons pertaining to the employer and during termination period shall be entitled to apply for a refund of the cost of training program arranged individually in order to upgrade his/her professional qualifications or obtain new qualifications to enable finding a new job or starting own business.
2. The training program, referred to in point 1 may not last more than six months from the day it is started.
3. The training, referred to in point 1, may last for more than six moths provided that it is completed before the employment contract of the employee to be trained is terminated and the employee, other than employee during termination period, shall, during such training program, represent that he/she will terminate the employment contract with PKP promptly after the training program is completed.
4. Employees applying for the refund, referred to in point 1, shall submit relevant application for a refund to Head of the Regional Railway Labor Restructuring Agency, relevant by area.
5. The application, referred to in point 5, shall be supported by documents certifying completion of the training program, referred to in point 1, and documents certifying payment of related training cost.
6. The Head of Regional Railway Labor Restructuring Agency shall transfer such application and the documents, referred to in points 5 and 6, to the Director of Railway Labor Restructuring Agency.
7. The Director of Railway Labor Restructuring Agency shall grant the refund for such training program.
8. Amount of the training refund shall be 80% of incurred cost of the training program as evidenced, in any case however not more than equivalent of double the average monthly remuneration in “Polish State Railways” state owned enterprise during a quarter preceding the quarter, in which the training program is completed.
9. The employees, referred to in point 1 above, shall be entitled only to one-time refund of one training program.