In the case of the appearance of debts and the bailiffs’ execution connected with them, the first thing a debt collector goes for is a remuneration for work. If the debtor earns money, he can expect to take at least part of his payment. Check what it looks like when you earn the lowest national one.
How much is the lowest national?
A large group of indebted people earn – if they have income – they earn the lowest national income. This is the amount that can change from year to year, which results in slightly different sums to the household budget, depending on the decisions made by the legislator. In 2018, the minimum wage was exactly 2,100 PLN gross. This was a change from the previously functioning amount of PLN 2050 gross.
After deducting the necessary contributions and taxes to the hand of the working person, he receives PLN 1530 net. Such remuneration was set as 47% of the average remuneration in the economy on the national scale. Usually, along with the minimum wage, the pay for an hour is also increased, under civil law agreements, it currently ranges from PLN 13 to PLN 13.70.
The minimum wage itself is compulsory remuneration in the case of employment under a contract of employment for a month worked and is not related to qualifications, grading, working time schedule and working conditions at the employer’s. If the employer offers or attempts to offer an amount lower than the lowest national, this is a serious violation of employees’ wages.
Currently, more changes have come into effect and since 2019 the lowest minimum wage on the employment contract is to amount to PLN 2250 gross.
The lowest national and the bailiff
Since we already know how much is currently the lowest domestic and how much it will be in the future, it is time to answer the next question. It is important for everyone who is affected by the bailiff’s execution and is: does the bailiff have the right to take the lowest national salary? This is important for any debtor who is usually worried about being completely deprived of his livelihood. Not only will he not pay off all the debt at once, but he will also be faced with the need to take further loans.
However, there is no need to have such fears, because according to current regulations, the bailiff can not take from the debtor, either the whole payment or even part of it, if it is the lowest national received under the contract of employment. It results from the existence of so-called the amount free of bailiffs’ activities. This applies to all those who have an execution by the bailiff resulting from the repayment of loans, loans, and short-term loans. The situation of people with maintenance arrears is different.
Amount free from attachment – what is it?
It is important to know what exactly is the amount free from seizure bailiffs, because it is she who saves the salary of many debtors. Under the slogan “the amount free from seizure bailiffs” should be understood the amount of the payment, which the bailiff can not move towards the collected debt. Its amount is not affected by the number of currently executed bailiffs’ executions or the amount of debt held. Currently, the bailiff must take into account that:
- must leave to the debtor the amount of the minimum remuneration for work,
- the upper bailiffs’ limit is 50% of the payment and 60% in the case of arrears. The new regulations, protecting the debtor’s assets, are to provide him with the means to live and prevent the risk of falling into the so-called spiral of debt. Bailiff’s seizure and maintenance debt In the case of debt arising from non-payment of maintenance, the situation is slightly different. The debtor is much less protected against bailiff enforcement and its principles, because the main goal of the legislator was to safeguard the existence of children. This means that the amount free from deductions is lower and currently amounts to 40% of the remuneration received by the debtor. This is related to the fact that the remuneration of the maintenance debtor is not protected by securing the minimum remuneration. When the bailiff commences the execution due to unpaid alimony, he may take the debtor not 50%, but as much as 60% of the remuneration. This also applies to remuneration in the lowest domestic currency.
It follows that in the amount of maintenance debt, if the amounts from the employment contract are enforced for the lowest national one, the bailiff can take 840 PLN gross (612 PLN net). More than this amount the bailiff can not take, even in the event of a situation such as unpaid maintenance.
Debt collector’s job and contract of employment
If the debtor works under a contract of employment, then the court bailiff supervising the execution is tasked with collecting 50% of the remuneration. Such amount is taken as part of the bailiff’s execution. However, when the debtor earns the lowest domestic case it looks a bit different. Taking 50% of the remuneration for debt would be possible if the debtor earned PLN 3060 net. It is a sum that is not easy to obtain, but if it affects the account, the bailiff can take half and leave an amount equal to the minimum net remuneration. The minimum national net is just the amount that the bailiff can not move in any way. The debtor’s account must remain the sum of PLN 1530, that is the lowest national net. At the same time, the bailiff has the right to bail out any sum above this amount, even if it is only 10-20 PLN.
However, it should be remembered that such provisions apply only to remuneration received under the employment contract. In the case of income from civil law contracts (contract for specific work, contract of mandate) there is no remuneration protection and the bailiff can take them in full. Are you looking for support? Go for loans without bik and find a solution.