Agnieszka Godusławska | In Principle

In this episode Agnieszka Godusławska and dr Joanna Prokurat, explain on what legal grounds Polish companies can employ board members.

Whether a foreign undertaking should notify the Social Insurance Institution of contracts for specific work it has concluded is determined primarily by whether the undertaking has the status of a remitter of contributions within the meaning of Polish law.

Employment contract termination is one of the most important legal actions in relation to an employer – employee, as it terminates the legal relationship binding them. An employer must diligently prepare for termination of an employment contract. Any error on his part may result in the need to pay compensation to an employee or even to reinstate the employee at work on previous terms.

Intensive developments in modern technologies and increasing globalisation are affecting all areas of life, including that of work. This is work meant in broad terms, not only in terms of its performance, but also recruitment and the mutual relations of employers and employees. Where is this all leading us?

Hiring employees according to a task-based working system when there are no grounds for applying a system of that kind, and where the level of tasks required of an employee is not properly selected, could prove costly for an employer in the event of a dispute.

Employers must deal with the consequences of group layoffs long after carrying them out. Their freedom to hire new workers in the future is limited, as they must first rehire staff terminated in the group layoff.

An employer cannot admit a drunk employee to work. But may the employer subject the employee to a breathalyser test? What other evidence can the employer use if the employee is fired and appeals to the labour court?

The recent amendment of the Polish Labour Code introduced a requirement for employers to prepare work schedules for all employees. The new rules raise new doubts surrounding organisation of working time without eliminating the existing doubts.

An amendment to Poland’s Commercial Companies Code that went into effect on 1 January 2012 enables quick registration of a limited-liability company via internet. The “S24” procedure, as it is known, allows a company to be registered within 24 hours.

Sale or encumbrance of shares in a Polish limited-liability company requires the management board to take certain actions, including entry of changes in the share ledger and, in some cases, consent to the transaction.

The Polish corporate code says the articles of association of a limited-liability company in organisation may be amended by a shareholder resolution, but the Supreme Court says a shareholder agreement is required.