As of June 1, 2017, changes to the employment law in respect, among others, of temporary workers came into force. Companies employing temporary workers in Poland and transferring such workers abroad must prepare for significant cost increases and an increase in bureaucratic restrictions related to regulatory changes. Changes in regulations also apply to companies bringing foreigners to Poland.
There was expanded the catalogue of sanctions, introducing penalties of up to PLN 100,000.00 and increasing the number of cases in respect of obligatory removal of an entrepreneur from the register of employment agencies. Employing foreigners in Poland_Changes in law PDF
An expert comment made by the founding partner of KG Legal in respect of a landmark judgment on Polish franchise agreement
An expert comment made by the founding partner of KG Legal Kiełtyka Gładkowski to Polish Law Journal, 7-9 July 2017 No. 26 (81), in the article by J. Styczyński, “The Court issues a courageous judgment on franchise agreement: franchise contract may be broken if there was no trust between the parties”. The landmark judgment issued by the Court of Appeal in Krakow on 30 March 2017 (case file number I ACa 711/16).
“– A soft franchise can be recognized by the manner of taking action by the owner of a franchised shop who, while maintaining business within the network of a given brand, retains a great deal of its business distinctiveness – explains Małgorzata Kiełtyka, attorney and partner at KG LEGAL Kiełtyka Gładkowski. […] On the other hand, Małgorzata Kiełtyka emphasizes that the lack of this guarantee should be taken into account in particular by beginner entrepreneurs in franchise sector. – The franchisee receives a franchise package in which he or she is provided with knowledge and support as to how to do business, and in any case, is provided with an access to the distribution of goods (services) on special terms. But even the strongest and most recognizable brand with which the franchise will be equalized in the market, does not always balance all the financial burdens imposed on the franchisee as a part of the franchise agreement.“.
Polish legal system foresees a possibility to draw up various types of notarial protocols in order to restore the objective truth relating to the claim and litigation. The example of this solution is the protocol of the opening of a website.
Polish law, in accordance with European directives, requires from entrepreneurs to provide many provisions on terms and conditions of conducted online shop. Main legal acts which include such requirements are ‘Protection of Competition and Consumers Act’, ‘Consumer Rights Act’ and ‘Provision of Services by Electronic Means Act’. Other regulations find their source in more detailed acts and ordinances.
Fulfillment of needed provisions is governed by Polish Office of Competition and Consumer Protection (UOKiK), which could be found at their website as follows: https://www.uokik.gov.pl/home.php. In case UOKiK discovers the lack of regulation required, it may impose a severe fine.
