Amendments to the Polish Commercial Companies Code during COVID-19
In connection with the prevailing coronavirus
pandemic, a package of legal changes is being prepared in Poland to facilitate
the functioning of companies during coronavirus pandemic. So far in Poland the
legal changes caused by COVID-19 have been implemented on the basis of the main
act of law dated 2 March 2020 on specific solutions related to the prevention
and combating COVID-19 effects and crisis situations caused by the latter (the
act of law passed by the Polish Parliament and published in the Journal of Laws
under item 374, hereinafter “COVID-19 Polish emergency law”). Pursuant to the
draft act amending COVID-19 Polish emergency law (that amends more than 30
different Polish acts of law, including the Polish Companies Code), in the new art.
25 there are to be implemented provisions regarding the remote decision-making
by corporate bodies.
Remote decision-making in the
management boards of companies is allowed unless the companies’ articles of
association stipulate otherwise.
WHO’s announcement that COVID-19 can be characterized as “pandemic” causes that the economic problems of local businesses arising from the epidemic state are global. Simply put, similar legal measures temporarily implemented into the legal environment of all pandemic countries create very similar economic problems and legal challenges for businesses (especially corporations).
In the face of an increasing number of corporate questions from its Clients, KIELTYKA GLADKOWSKI KG Legal is preparing a guide to assistance packages in individual jurisdictions affected by negative effects of coronavirus. As a part of the project, KIELTYKA GLADKOWSKI KG Legal is preparing a chapter devoted to the specific legal solutions in the face of coronavirus epidemy in Poland and the aid measures launched by the Polish government for companies operating in Poland that are affected by the negative effects of coronavirus.
The discussed issues concern, among others, the distribution of aid granted to Poland from the European Union. Poland is the largest beneficiary of the European Union funds earmarked for combating the effects of the coronavirus epidemic and is to receive approximately EUR 7.5 billion. The report discusses legal and public aid mechanisms for entrepreneurs and employers in Poland. KIELTYKA GLADKOWSKI KG Legal also advises on the application of general principles of Polish law in the case of so-called emergency states, such as the coronavirus pandemic, including labour law, #payment gridlocks, performance of contracts.
The coronavirus infection in Poland has created considerable legal challenges for a number of sectors.
KIELTYKA GLADKOWSKI KG Legal has developed measures to assist its Clients, entrepreneurs and employers, in order to minimise the negative effects of COVID-19 outbreak.
The Polish authorities have implemented an emergency act of law as of 2 March 2020 (about coronavirus effects and combating them; so called “Coronavirus Act”) which regulates, among others, two crucial issues from the point of entrepreneurs – employers.
Firstly that the employee who has a child younger than 8 years and demonstrates that he or she is forced to exercise personal care over such a child (namely that there is no other parent taking care of the child, no other member of the family or no other caretaker for the child) has the right to apply for carer’s allowance and have additional 14 days off work to look after the child. For the period when the employee stays at home with the child the standard salary is not paid. There is, instead, paid the carer’s allowance which amounts to 80% of the remuneration. The carer’s allowance is paid from the funds of the Polish Social Insurance Fund. If the employer has registered more than 20 employees, it is standard that the employer makes the payment to the employee and then applies to the Social Insurance Fund for compensation.
Translation into French language made by Julian Morgan, trainee at Kiełtyka Gładkowski KG Legal
Affaires transfrontalières
CROSS BORDER CASES
Qui sont nos clients ? En tant que cabinet d’avocats polonais, Kiełtyka Gładkowski KG Legal fournit une expertise particulière pour les sociétés et clients privés. Nous assistons des entités internationales dans leurs relations juridiques avec les entreprises, le gouvernement et les autorités administratives polonaises. Nous conseillons également en cas de litige. Nous sommes souvent mandatés par des cabinets d’avocats internationaux dans la représentation des intérêts de leurs clients en Pologne autant en matière contentieuse qu’en matière non contentieuse.
Who are our Clients? KG Legal, as a Polish law firm, provides specialist expertise for corporate and private clients. We assist international entities in regulating their relations with Polish companies, government and administrative authorities and we assist in cross border litigations. We are often instructed by international law firms in respect of representing their clients in Poland, both in contentious and non-contentious matters.
KIEŁTYKA GŁADKOWSKI KG Legal | POLISH LAW FIRM rated in LEGAL 500 EMEA 2019
Translation into Turkish language made by Tayfun Yildiz, trainee at Kiełtyka Gładkowski KG Legal
SINIR DIŞI DAVALARI
CROSS BORDER CASES
Müvekkillerimiz Polonya merkezli bır hukuk bürosu olan KG Legal, kurumsal müvekkillerine profesyonel hukuki danışmanlık sağlamaktadır. Uluslararası kuruluşlara sınır otesi dava takibinde ve Polonya merkezli şirketler, Polonya hükümeti ve diğer idari kuuluşlarla olan ilişkilerinde destek sağlamaktayız. Gerek çekişmeli gerekse de çekişmesiz dava işlerinde genellikle müvekkillerini Polonya’da temsil etmek isteyen uluslararası hukuk bürolarından gerekli direktifleri almaktayız
Who are our Clients? KG Legal, as a Polish law firm, provides specialist expertise for corporate and private clients. We assist international entities in regulating their relations with Polish companies, government and administrative authorities and we assist in cross border litigations. We are often instructed by international law firms in respect of representing their clients in Poland, both in contentious and non-contentious matters.
KIEŁTYKA GŁADKOWSKI KG Legal | POLISH LAW FIRM rated in LEGAL 500 EMEA 2019
