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Rapidly expanding area of e-commerce is legally regulated on European level and by the member states, including Poland. Thus, if you consider to expand your business by an e-shop aimed at Polish customers you should abide to legal regulations at both levels. Our checklist for eShops in Poland summarises the most important legal obligations that shall matter to you when running a Polish ecommerce.
On 26 April 2023, a law implementing changes to the Labour Code resulting from EU directives, the so-called ‘work-life balance’ directive and the ‘parenting’ directive.
Below we present the most important changes.
The employee after working for at least 6 months (once per calendar year) shall be given the opportunity to request inter alia for:
The employer will be obliged to answer within 1 month of receipt of the request.
The permissible duration of probationary contracts will now depend on the anticipated further period of employment.
From the entry into force of the new legislation, the employer will be obliged to give a reason for the termination of a fixed-term contract and to inform about company trade union representing the employee, as in the case of contracts of indefinite duration.
The scope of information to be provided in the mandatory Information on Terms and Conditions of Employment has been significantly expanded to include, inter alia:
In the event that the employer has not established work regulations – the date, place, time and frequency of payment of remuneration for work, nighttime and the method adopted by the employer for employees to confirm their arrival and presence at work and justify their absence from work.
An employee will not be prohibited from concurrent employment with another employer unless he or she enters into a non-compete agreement with the current employer.
An employee will be able to apply for additional leave in connection with the care and care of a family member or other person living in the employee’s household. This leave is unpaid and has an annual duration of 5 days.
In addition, the employee will be entitled to time off work as a result of force majeure – e.g. a family emergency caused by illness or accident, where the employee’s presence is essential. The employee will be entitled to 2 days or 16 hours of leave per year and will be paid at 50% of his/her salary, calculated in the same way as holiday pay.
We remain available to assist you in any of the above-listed directions and to address any questions which may arise in relation to the above information, as well as to any other labour law matter.
In response to the arrival of foreigners to Poland because of the war in Ukraine, the Polish government has developed legal solutions to help facilitate legalization of stay and work in Poland for foreigners. The indicated solutions are included in the Act of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that country. This law exists alongside the binding legal acts in the area of migration and asylum.
The provisions of this Act apply to the following persons who have crossed the Polish border since February 24th, 2022:
The Act shall not apply to citizens of Ukraine who have a permanent or temporary residence permit, a residence permit for long-term EU resident, and those who have refugee status, subsidiary protection, or approval for tolerated stay.
Ukrainians who have submitted applications for international protection (or on whose behalf such applications have been filed), or who have declared their intention to submit such applications, or who are concerned by such declarations of intent, are also not covered by the provisions of this Act. However, foreigners may still be covered by the Act if they withdraw the above application / declaration.
According to the Act, if a citizen of Ukraine has legally entered Poland starting on February 24th, 2022, and declares the intention to stay in Poland, his/her stay is considered legal for a period of 18 months with a start date on February 24th, 2022. The above provision also applies to the child born on the territory of Poland to a Ukrainian mother (the child is covered by this Law for the same amount of time as the mother), and to other members of the immediate family of a Ukrainian citizen holding a Card of the Pole.
A Ukrainian citizen’s departure from the territory of Poland for a period exceeding 1 month revokes his or her temporary protection.
The Council of Ministers will determine the date this Act terminates on by means of an ordinance. This termination will be determined by a number of factors including but not limited to: the number of foreigners that have arrived on the territory of Poland; the situation of the civilian population; and the prospect of the conclusion of the conflict on the territory of Ukraine.
During the period of legal stay, both a citizen of Ukraine having temporary protection introduced by this Act, and one not benefiting from this protection, but legally residing in Poland, is entitled to work in the territory of the Republic of Poland. The work is legal if the employer (via the domain: praca.gov.pl) within 14 days from the date of commencement of work, notifies the poviat labor office about this fact.
Moreover, a citizen of Ukraine may register with the employment office and be recognized as an unemployed person or a jobseeker.
Ukrainian citizens residing in Poland legally may undertake and conduct business activity in Poland on the same terms as Polish citizens, provided that they obtain a PESEL number. In the case of Ukrainians who came to Poland before February 24th, 2022, they can set up a sole proprietorship or any commercial company only if they have a residence permit that entitles them to do so.
A Ukrainian citizen who came to Poland before February 24th, 2022 and does not have such a residence permit, cannot establish a sole proprietorship, civil partnership, general partnership or partnership.
Legal basis: The Act of 12 March 2022 on assistance to citizens of Ukraine in connection with the armed conflict on the territory of that country (Journal of Laws of 2022, item 583).
„A contract may stipulate that damage arising from non-performance or improper performance of a non-monetary obligation will be remedied by a specific sum (liquidated damages) being paid.“ – Civil Code art. 483.
First of all liquidated damages in the Polish Contract Law may only arise from non-performance or improper performance of a non-monetary obligation. As a rule the damage for monetary obligations (usually for late performance) are compensated by statutory interest (roughly 18% yearly). In case contracting parties stipulate for liquidated damages arising from a monetary obligation it won’t be enforceable and is likely deemed to be null and void.
Secondly, the amount of liquidated damages should be strictly specified in a contract or at very least it should be possible to determine the sum at a conclusion of the contract (eg. by specifying the reference value – % value of contract). If the sum to be paid is to be determined by future events or actions such clause will lose certain legal privileges of liquidated damages.
Thirdly, in case of liquidated damages there is no prerequisite of indentifying any damage for an injured party. Moreover its possible to stipulate for liquidated damages in case of any contract breach that will not (or even can not) result in incurring damage at all. The liquidated damages, in that regard, can have punitive function which generally is not possible when pursuing compensation at large. The amount to be paid in case of breach can not be exceedingly punitive.
Fourthly, liquidated damages generally “consume” the right to seek compensation at large. It is possible to waive that rule if parties decide so in a contract. In such case, the injured party will be able to seek compensation at large only for damage exceeding the liquidated damages.
Fifthly, if the greater part of the obligation has been performed, the party in breach may demand that the liquidated damages be reduced. This is applied in case the part of obligation performed by the party in breach can economically serve its purpose in reasonable extent to the injured party.
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About Accace Circle
Accace operates internationally as Accace Circle, a co-created business community of like-minded BPO providers and advisors who deliver outstanding services with elevated customer experience and erase the borders of service delivery. Covering over 50 jurisdictions with nearly 2,500 professionals, we support more than 15,000 customers, mostly mid-size and international Fortune 500 companies from various sectors, and process at least 200,000 pay slips globally.
