Chapter 5
Public Benefit Works Council

Article 35

1. A Public Benefit Works Council, hereinafter referred to as “the Council”, shall hereby be formed as counselling, analyst, and assistant body to the minister responsible for social security issues.

2. Council tasks shall include the following, in particular:

1) issuing opinions on matters concerning the application of this Act of Law;

2) issuing opinions concerning governmental draft laws in the field of public benefit and volunteer work;

3) offering assistance and issuing opinions in case of any dispute between public administration authorities and public benefit organisations;

4) collecting and analysing information on audits performed and their results;

5) participating in audit procedures;

6) issuing opinions on issues concerning public tasks, on the process of commissioning such tasks to be performed by non-governmental organisations or other entities defined in Article 3 clause 3 hereto, and on recommended public task performance standards;

7) establishing – in co-operation with non-governmental organisations and other entities defined in Article 3 clause 3 hereto – mechanisms to distribute information on public benefit work standards, and on disclosed cases of such standards being violated.

3. The Council shall have a three-year term of office.

Article 36

1. The Council shall have the following membership:

1) five representatives of governmental administration bodies, and of units supervised by or reporting to such bodies;

2) five representatives of local government authorities;

3) ten representatives of non-governmental organisations, non-governmental organisations’ unions and/or associations, and entities defined in Article 3 clause 3.

2. The minister responsible for social security issues shall appoint and dismiss Council member; notwithstanding the above, Council members representing:

1) non-governmental organisations, non-governmental organisations’ unions and/or associations, and entities defined in Article 3 clause 3 hereto shall be selected from among candidates nominated by those organisations;

2) governmental administration bodies, and units supervised by or reporting to such bodies shall be selected from among candidates nominated by those bodies and by managers of relevant units;

3) local government authorities shall be selected from among candidates nominated by local government authorities party to the Joint Central and Local Government Committee (Komisja Wspólna Rządu i Samorządu Terytorialnego).

3. The minister responsible for social security issues shall dismiss a Council member prior to the expiry of the assigned term of office:

1) upon his or her motion;

2) upon the motion of an entity referred to in clause 2 and represented by that member;

3) should such Council member be convicted by virtue of a final court judgement for a crime involving intentional fault.

Article 37

Council sessions shall be convoked by the minister responsible for social security issues, or upon the motion of at least one-quarter of all Council members.

Article 38

The Council shall have the right to:

1) appoint experts;

2) invite representatives of the public administration, the local government, and of non-governmental organisations and other entities defined in Article 3 clause 3 not represented on the Council to attend their sessions;

3) commission research and expert opinions relating to the implementation of the Council’s tasks.

Article 39

1. Costs of Council activities relating to the overall service, research, and expert opinions, as well as to expert, Council members’, and non-members’ participation in its sessions shall be covered from the part of the budget handled by the minister responsible for social security issues.

2. Council session attendants shall be eligible to receive per diems and travel expense reimbursement under terms and conditions of regulations enacted by virtue of Article 77⁵ § 2 of the Labour Code.

3. An employer shall be obliged to grant leave to an employee being a Council member in order to enable that employee to attend Council sessions. For time taken off, the employee shall retain the right to remuneration calculated according to rules applying to the monetary equivalent due for holiday leave, to be covered from the part of the budget handled by the minister responsible for social security issues.

Article 40

The minister responsible for social security issues shall, in an ordinance, define the following:

1) the course and manner of Council member appointment in recognition of the need to ensure proper representation of non-governmental organisations and other entities specified in Article 3 clause 3, and of the diversity of public benefit works, and to reflect the dates of nominating Council member candidates;

2) the organisation and course of Council works, and the rules of Council work participation set out for representatives of public administration authorities, of non-governmental organisations, and of other entities defined in Article 3 clause 3 not represented on the Council.

Article 41

The facility responsible for providing administrative and office services to the minister responsible for social security issues shall also provide administrative and office services to the Council.