Training agreements

Ordinance No. 85 of the Rector of the University of Warsaw of 18 May 2021 introduced the rules for improving professional qualifications (development activities) of the employees of the University of Warsaw and the conditions for implementing such activities

What is the purpose of improving qualifications?

The purpose of improving the professional qualifications of University employees is:

• preparing employees for the core and complementary tasks of the University, now and in the future,
• shaping an organisational culture at the University that fosters continuous learning and the sharing of knowledge and experience with others,
• ensuring equal professional opportunities for employees of the University.

Which development activities are covered by Ordinance No. 85 of the Rector of the University of Warsaw of 18 May 2021?

The ordinance covers activities offered by external companies and institutions as well as activities provided by the organisational units of the University (also free of charge), i.e., part-time studies, post-diploma studies (including MBA studies), courses, training, mentoring, coaching and career counselling. However, it does not cover conferences and mandatory health and safety training.

Who are the development activities directed at?

Development activities are directed at academic teachers and employees of a wide range of administration (including librarians, IT specialists, technicians and other professional groups).

Who funds the development action?

According to the new ordinance, the unit that finances a development activity is the unit where the employee performs their tasks (this does not apply to activities funded by projects, programmes and undertakings). Therefore, heads of organisational units intending to refer employees to studies should secure funds in the budgets of their units for this purpose. They can also expect to co-finance with the employee their participation in the development activity.

In exceptional cases, the Rector may decide to subsidise participation in a development activity or to cover additional benefits from University-wide funds

When deciding to participate in a development activity, the employee should bear in mind that the thematic scope of the activity should coincide with his/her current work duties or with the future planned together with his/her manager. The competences acquired are intended to be used to perform job duties more effectively and to improve the quality of work or to implement innovations and improvements.

The link to the tasks performed allows the subsidy received from the employer to be exempted from personal income tax.

These circumstances should be taken into account in the justification of the Application as constituting a key argument to support the choice of a specific development action.

• A person referred to participate in a development activity is obliged to:
  • participate in classes provided for in the development activity programme,
  • inform their superior immediately of their withdrawal from the development activity, stating the reasons for their withdrawal,
  • successfully pass an examination, take a diploma examination or undergo other forms of competence assessment,
  • submit to the Human Resources Office a copy of the graduation diploma or other document confirming the completion of the development activity within 14 days from the date of completion of the development activity or receipt of the diploma/other document if the implementing unit issues such documents.

Referral to participate in a development activity may be requested by employed persons, regardless of their FTE and type of employment contract. In doing so, it should be borne in mind that the employer normally requires that the employment contract in force at the time of referral to participate in a development activity covers the full duration of the activity and at least the following 12 months, or, if a professional qualification agreement is required, the full duration of the resulting obligation to remain in the employment relationship.

What is a person referred to participate in a development activity entitled to?

A person referred to participate in a development activity is entitled, under the rules set out in the Labour Code, to training leave and exemption from all or part of the working day for the time necessary to arrive on time for the compulsory classes and their duration, with the right to remuneration.

In addition, if the situation requires it, the employee may request additional benefits linked to the referral to participate in the development activity, in particular to cover travel or accommodation expenses. However, please note that the amount of additional benefits granted may not exceed the business trip allowance.

For persons with a disability certificate, it is possible to apply to the Office for Persons with Disabilities for the support of a sign language interpreter or assistant to enable full participation in the activity.

In special cases, training leave is also possible.

A supervisor, when making a decision regarding the referral of an employee to participate in a development activity and the amount of funding, should consider in particular:

• the usefulness of the programme of the development activity for the proper performance of the employee’s duties resulting from his/her position, function or role at the University (the lack of a link between the development activity and the duties causes the cost of the development activity to increase the tax base of the Pdf);
• future needs in terms of the employee’s professional qualifications;
• the employee’s previous participation in development activities, in particular in activities with similar themes;
• the duration of the employee’s employment agreement in relation to the duration of the development activity, in particular whether the duration of the agreement covers the entire duration of the development activity and the period of 12, 24 or 36 months resulting from the concluded qualification agreement (the exact duration of the qualification agreement is specified in Appendix 2 to Order No. 85 of 2021);
• the financial and organisational capabilities of the organisational unit.

When making a decision, it should also be borne in mind that usually participation in a development activity, in particular a study, requires time off work and, in some cases, involves the granting of training leave for the preparation and writing of a thesis of up to 21 days.

How to fill in the application form?

The ordinance introduced a new template for the Application for Consent for Referral to Participate in a Development Activity and clarified the rules and regulations for concluding an agreement for the improvement of professional qualifications with employees.

The document consists of two parts: the Application for Consent for Referral to Participate in a Development Activity and the Referral to Participate in a Development Activity.

The first part shall be completed by the employee indicating the topic of the development activity, the place and form of delivery of the development activity, the duration of the activity, the start and end dates of the development activity and the total cost of the activity (including the cost of additional benefits, if any). In addition, the employee shall provide a brief justification for the need to improve their qualifications, which shall be supported by the opinion of their direct supervisor.

The second part of the document, the Referral to Participate in a Development Activity, is completed by the head of the organisational unit where the employee performs their tasks, confirming the decision to refer the employee to a development activity, specifying the amount of funding and indicating the source of funding. The referral should include the PSP number from which the costs will be paid and the signature of the Quaestor’s Proxy in charge of the unit/PSP number.

NOTE on funding:

Please note that pursuant to Article 43, section 1, points 26-29 of the Value Added Tax Act, services provided by the units covered by the education system related to teaching, learning and educating within the meaning of the provisions of the Act of 14 December 2016 – Education Law, as well as services provided by higher education institutions, scientific units of the Polish Academy of Sciences and research institutions related to teaching and learning, as well as the supply of goods and provision of services closely related the aforementioned services; private teaching services at pre-school, primary, secondary and higher education levels provided by teachers; language teaching services as well as the supply of goods and services closely related to the aforementioned services are exempt from VAT.

Rules for concluding agreements on the improvement of professional qualifications (extract from Appendix No. 2 to UW Rector’s Order No. 85 of 2021. )

In order for an employee to obtain co-financing of the participation in a development activity for which:

• the co-financing of the participation amounts to PLN 5,000 or more;
• there are other important prerequisites, in particular the granting of training leave or significant release of the employee from all or part of the working day, for the time necessary to arrive on time for the obligatory classes and for the duration of the classes,

it is necessary to conclude a professional qualification improvement agreement specifying the mutual rights and obligations of the employee and the employer, in particular the obligation of the employee to remain in employment after the end of the participation in the development activity, subject to paragraph 2.

2. In the case of co-financing of participation in part-time or postgraduate studies, the employee is obliged to conclude an agreement on improving professional qualifications in each case.
3. The duration of the commitment to remain in employment is contained in the table below:

1. The applicant submits a complete and signed Application with Referral, either in person or via the Registry, to the secretariat of the Office of Staff Affairs.
2. After formal verification, the Staff Affairs Office sends the documents back for completion or draws up a professional qualification agreement, based on the information contained in the documents.
3. The agreement is forwarded to the Legal Affairs Office for verification.
4. The agreement is signed by the person representing the employer, followed by the applicant and the Quaestor’s proxy, appropriate to the source of funding indicated. In the case of units without Quaestor’s proxies and university-wide administration, the agreement is signed by the UW Quaestor.

Note: in accordance with Order No. 85 of 2021. The request must be forwarded to the Office of Staff Affairs no later than 14 days before the University makes a financial commitment.

Marta Rybak

Prosimy o korzystanie z adresu: bsp.szkolenia@uw.edu.pl