Newsletter

New changes to the Labour Code – implementation of work-life balance and transparency directives

The Sejm has passed new regulations in the area of the employment law. This time they apply to the so-called work-life balance and transparency of employment. Currently, the Senate will continue work on the bill, but it can be assumed that no major changes will be made. The new regulations will require changes to employee documents. As the act is to take effect just 21 days after promulgation, we would like to present to you the most essential assumptions thereof now.

Remote work soon to be provided for in the Labour Code

The Parliament has just finished work on the act by which remote work provisions will be introduced to the Labour Code[1]. Soon, these provisions will supersede the relevant provisions of the “Covid Act” and telework-related regulations of the Code.

A new type of division under the Polish Companies Code: Division by Separation

The Council of Ministers is currently working on a bill amending the Commercial Companies Code and certain other acts of law (“Bill”), which implements Directive (EU) 2019/1151 of the European Parliament and of the Council of 20 June 2019 to the Polish legal system.

The family foundation on the home stretch: major assumptions of the bill on family foundations

As of the date of this Alert, the bill was submitted to the President and Marshal of the Senate for further proceedings.

The explanatory memorandum indicates that, according to estimates, nearly 830 thousand companies in Poland are family businesses which generate revenues to the overall value of PLN 322 billion per year, and thus their contribution to the GDP is at level of ca. 18%. The data gathered by Instytut Biznesu Rodzinnego [Family Business Institute] shows that approx. 57% of family businesses plan succession over the next five years.

Significant changes in consumer rights

2023 will start with a bang – at least when it comes to consumer protection. 1 January 2023 will be the effective date for two legal acts extending consumer rights and imposing new duties on entrepreneurs engaged in B2C sales. The first of the acts, concerning sales of goods and digital content, has already been published (Journal of Laws of 2022 Item 2337). The other one, implementing the Omnibus Directive, is still awaiting President’s signature. However, due to a short vacatio legis period, it is necessary to take adaptation measures already now.

Andersen in Poland achieved an increase of the fee for municipal waste collection and disposal on the ground of Clausula rebus sic stantibus

Our Law Firm represented a Polish company – member of an international group dealing in waste management, in a dispute against a commune in the Małopolskie Province concerning an increase of the fee for collection and disposal of municipal waste.

Import of liquid fuels to Poland from abroad requires an entry in the relevant register.

Do you import liquid fuels to Poland or do you intend to engage in this type of activity? Many people are not aware that bringing certain liquid fuels from the EU countries (as intra-Community acquisition) and from other countries (as import) requires an entry into a register administered by the Chairman of the Energy Regulatory Authority. It is irrelevant whether such an activity is conducted personally or through a third party (e.g. a transport company or by ordering fuel from a foreign supplier). In both situations, the party importing the fuel should be registered.

Andersen in Poland obtains an integrated permit for dust and sludge solidification plant

For one of its customers (a waste management company), Andersen in Poland obtained an integrated permit for “Hazardous waste (dusts and sludge) treatment plant using stabilizers, Portland cement and additives of structural material, waste other than hazardous waste and other additives”. The annual throughput of the plant is 90,000 tons. The value of the investment project consisting of the plant for which the permit was issued is nearly 9 million zlotys.

Change to liability of collective entities

On 2 September 2022, a new bill was published on the website of the Government Legislative Centre, concerning changes to the Act on liability of collective entities for commission of punishable offences. This is another attempt at making the regulations governing liability of collective entities stricter, and its purpose (as indicated in the explanatory memorandum) is to “increase the effectiveness […] in particular in respect of combatting serious business and fiscal crimes”. Let us have a closer look at the planned changes.

New rules for resolution of collective labour disputes

To the numerous changes in employment law awaiting Polish employers (whistleblowing, work-life balance, remote working, alcohol screening of employees, new probationary contracts, etc.) will be added another one concerning the resolution of collective labour disputes.