Legal alert for Poland: Massive employers audits related to Employee Pension Investment Plans (PPK)

Due to the unsatisfactory number of PPKs established, PFR is requesting all employers that have not yet established PPKs to immediately enter into PPK management agreements, or provide explanations about the grounds for their opt-out.

Warning!

PFR also audits those employers that are not obliged to establish PPKs since they legitimately opted out from such obligation, in particular:

• Microentrepreneurs where all the employees have refused to join the PPK scheme,
• Entrepreneurs with an Employee Pension Plan (PPE) operating with criteria allowing for PPK opt out (min. 3.5% of premium sponsored by the employer and min. 25% level of PPE enrolment).

Important:

PFR sends the requests via an electronic profile of employers (ZUS PUE).

Please check your profiles on ZUS PUE / DOCUMENTS AND MESSAGES / INBOX / LIST OF RECEIVED DOCUMENTS.

The delivery of a PFR request does not require the employer’s confirmation of receipt, but notifications about the above are also circulated via email or SMS reminding about the request being delivered via ZUS PUE. From that date, the employer has 30 days to:

• Execute a PPK management agreement (you may check for other providers than PFR TFI); OR
• Submit explanations about the grounds for the opt-out.

Failing to respond to the PFR’s request within the deadline may result in negative consequences, including further notifications, a fine (1.5% of salary funds) and the establishment of a PPK by the PFR on behalf of the employer.

Therefore, systematic checking of your ZUS PUE profile is recommended (if you have no corporate presence in Poland, such profile may be operated by your Polish payroll provider).

Actions undertaken by PFR may be subject to change at later stages.

Bird & Bird monitors the authorities’ actions in this area and we will keep you informed of any further developments in order to facilitate your obligations and communication with the authorities, where required.