What is global mobility?

Due to the constant development of businesses and the fact that they are, more and more often, operating from several countries around the world at once, legal regulations concerning the posting of workers in the framework of the provision of services have appeared. This model is profitable for the businesses, because they can move their biggest ‘talents’ to offices and countries that could use their abilities in the best way. For the employees, on the other hand, it could pose a chance for development and give them a possibility to move abroad without having to look for another job. Initiatives like this are supported by the European Union – in 2019 they even issued a practical guide on posting (link)

Law regulations

Issues concerning global mobility are regulated, among others, by the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, OJ L 018 21.1.1997, p. 1-9 (later: Directive 96/71/EC), Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance, OJ L 159, 28.5.2014, p. 11–31 (later: Directive 2014/67/EU) and in Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Text with EEA relevance), OJ L 173, p. 16-24 (later: Directive 2018/957).

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Applicable regulations

The bankruptcy cases are regulated in Poland majorly by the Insolvency Act of 2003 (in Polish: Ustawa z dnia 28 lutego 2003 r. Prawo upadłościowe (t.j. Dz. U. z 2020 r. poz. 1228 z późn. zm.)) (later: ‘Insolvency Act of 2003’). Yet it is not the only applicable regulation. In cases of cross-border bankruptcy proceedings or cases where a Polish citizen is adjudged bankrupt in the territory of the Member State of the European Union or Ireland, the bankruptcy proceedings are regulated by the Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19-72) (later: ‘Regulation 2015/848’).

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On Thursday, June 3, 2021 Malgorzata Kieltyka will participate in NYC Bar webinar “Real Talk from Women General counsels”.

New York City Bar will host a panel of women general counsels who will discuss the phenomenon of women business generation and development in the workplace. The purpose of the discussion panel is to discuss how women can foster meaningful relationships in the workspace, and importantly, how top legal leaders can be a resource to their younger colleagues.

The moderator will be:

Adrienne Ward, Olshan Frome Wolosky LLP

The panelists will include:

LaTanya Langley, General Counsel, BIC

Karyn Polak, General Counsel, Transamerica

Pilar Ramos, General Counsel, North America — MasterCard

SPONSORING ASSOCIATION COMMITTEE

Women in Legal Profession, Judith Archer, Chair

CO-SPONSORING ASSOCIATION COMMITTEE

In-House Counsel, Michael Patrick Hogan & Jack Lerner, Co-Chairs

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On May 7, 2021, lawyers of the Polish law firm KIEŁTYKA GŁADKOWSKI KG LEGAL will take part in a webinar organized by a befriended Portuguese law firm Caiado Guerreiro on workers global mobility, which is a reality and a necessity for both professionals and companies. KIEŁTYKA GŁADKOWSKI’s participation in this professional webinar dedicated to the cross-border needs of foreign entities, is associated with the future needs and support of clients operating in Portugal, and – in particular in the field of tax optimization – in jurisdictions historically associated with Portugal, including Brazil, Luanda (Angola) and Maputo (Mozambique).

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In May 2019, the European Union issued two directives, namely the one on the contractual aspects of the supply of digital content and digital services (“Directive on digital content“, EU 2019/770) and on the contractual aspects of the sale of goods (“Directive on the sale of goods“), EU 2019/771).

The main objective of both Directives is to contribute to the proper functioning of the internal market and ensure a high level of consumer protection, in particular by establishing rules common to all Member States on contracts for the supply of digital content or digital services concluded between traders and consumers. This is especially about introducing into Polish law provisions on the compliance of digital content or digital service with the contract, in the event of non-compliance of the digital content or digital service with the contract.

The Ministry of Justice has prepared a draft amendment to the provisions of the Act on Consumer Rights and the Civil Code, the purpose of which is to implement the provisions of EU directives related to the pursuit of greater protection for consumers concluding contracts for the supply of digital content or digital services with entrepreneurs. Poland is obliged to implement both directives by 1.7.2021, with effect from 1.1.2022.

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