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Discrimination in the Polish Labor Code

Publication date: January 07, 2025

What is the prohibition of discrimination?

The prohibition of discrimination at work is included in Article 183a) of the Labour Code and in the Constitution in Article 32, which requires equal treatment in all aspects, including those related to work.

Discrimination may be related to;

  • gender,
  • age,
  • disability,
  • race,
  • religion,
  • nationality,
  • views,
  • origin,
  • religion or sexual orientation
  • either due to employment for a fixed or indefinite period or on a full-time or part-time basis.

The above criteria are not socially acceptable and any unjustified unequal treatment of employees is considered discrimination.

Direct and indirect discrimination

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Recent changes in the Polish Civil Procedure – important issues for cross border cases and litigation

Publication date: December 10, 2024

The Polish legal system has recently undergone a number of significant changes, the most recent of which concern the Code of Civil Procedure. A few years ago, conducting an online hearing was impossible. Although the regulations allowed videoconferencing, it was limited to connections between courts, mainly used for questioning witnesses. The COVID-19 pandemic has significantly affected these regulations, leading to the introduction of the possibility of remote participation in hearings. Thanks to the amendment of the regulations in March 2020, remote hearings have become a reality, initially as a temporary solution, aimed at counteracting the effects of the pandemic.

Seeing the effectiveness and convenience of remote hearings, the legislator decided to permanently introduce this form to the Code of Civil Procedure. On March 14, 2024, an amendment came into force, which not only consolidates remote hearings as a standard procedure, but also introduces a number of other innovations. The aim of these changes is to streamline and accelerate civil proceedings, so that the justice system is more effective and accessible to citizens and entrepreneurs.

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KIELTYKA GLADKOWSKI IS EXPANDING ITS TEAM FOR PROTECTION OF FOREIGN CREDITORS OF POLISH COMPANIES IN THE M&A PROCEDURES FOR A) “SHIPPING” THE DEBTS OF A DIVIDED COMPANY TO ANOTHER COMPANY INTENDED FOR BANKRUPTCY AND B) IN CASES OF CREATING A PROFIT CENTER AND A LOSS CENTER. EXAMPLE VALUE 2 MILLION / 10 MILLION DOLLARS

Publication date: July 23, 2024

For effective protection of foreign creditors in Polish jurisdiction, our law firm combines the experience of:

1/ the practices of lawyers and litigators who can predict the effects of M&A as a tool for the attempt to remove assets in the face of possible enforcement;

2/ OSINT analysts and private investigators who, using various methods of analyzing metadata, are able to track crypto transactions and information traffic in the Internet, also from the level of DEEP and DARK WEB, and are able to track the real value of the assets of the Polish company.

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The lawyers of KIELTYKA GLADKOWSKI at the Capitol Hill with the International Law Section of the American Bar Association – May 2024

Publication date: May 28, 2024

Visiting the American Parliament building by Kiełtyka Gładkowski KG LEGAL’s lawyers. The United States Capitol is a building located on Capitol Hill in Washington, D.C., that serves as the seat of the United States Congress (American Parliament). The visit to the Capitol Hill was related with the role of the members of the American Bar Association as the organization actively engaged in advocacy before Congress, the Executive Branch and other governmental entities on diverse issues of importance to the legal profession.

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Sukuk investment – international perspective

Publication date: March 03, 2023

Sukuk is a financial bond that complies with Islamic religious law commonly known as Sharia. The traditional Western interest-paying bond structure is prohibited in the Islamic law because the riba, or interest debt, goes against precepts of Islam. Therefore, the Islamic countries and investors need a structure to link the returns and cash flows of debt financing to a specific asset being purchased, effectively distributing the benefits of that asset. In order to do that, in Malaysia, the sukuk was created twenty three years ago and, since then, it has become extremely popular in Islamic finance.

Sukuk represents aggregate and undivided shares of ownership in a tangible asset as it relates to a specific project or a specific investment activity. An investor in sukuk, therefore, does not own a debt obligation owed by the bond issuer, but instead owns a piece of the asset that’s linked to the investment. This means that sukuk holders, unlike bond holders, receive a portion of the earnings generated by the associated asset. Hence, financing can only be raised for identifiable asset, this means an asset whose commercial value can be measured.

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