Articles

  • Changes in Labour Code – work on Sundays and public holidays

    2014-02-14

    In principle, work on Sundays and public holidays is prohibited. There are, however, exceptions to this rule. The range of the admissible types of work is included in art. 15110 of the Labour Code.

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  • Issue of wage discrimination in international companies

    2014-01-17

    On 22 November 2012, the Supreme Court issued a verdict on the differentiation of wages of employees of other than Polish nationality who are performing same or comparable work as Polish nationality employees (I PK 100/2012).

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  • Mergers and Acquisitions market in the coming year

    2013-12-20

    After two years' doldrums on the M&A market, the projected economic growth and gradual upturn of the economy may prove to be key factors favouring acquisitions in the coming year.

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  • Deduction prior to bankruptcy proceedings - not always possible

    2013-12-19

    ‘Deduction statement ​​before bankruptcy proceedings comprising liquidation of the bankrupt's assets, made by the bankrupt’s debtor, who has acquired the claim by assignment of claims within one year prior to bankruptcy proceedings, knowing about the existence of grounds for bankruptcy, does not result in redemption of claims’. A following resolution was taken by seven judges of the Supreme Court on September 4, 2013 (Ref. No. III CZP 26/13).

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  • Poland is one of the biggest beneficiaries of the next EU 2014 – 2020 Budget

    2013-12-16

    A proposal for the 2014-2020 budget was approved by the Parliament on 19 November 2013. The most important funds from Polish perspective will be allocated from the cohesion policy and will equal 72.9 billion EUR paidin seven years starting from 2014 – an increase of 5.7% compared to the 2007-2013 budget. Poland is one of the biggest winners of recent negotiations with increases in funds for both cohesion and agriculture.

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  • Pre-retirement protection of MB members

    2013-12-13

    According to the current wording of THE Article 39 of Polish Labour Code[1] (hereinafter ‘LC’) the employer cannot terminate the contract of employment concluded with an employee, which is not more than 4 years before reaching the retirement age, providing that the period of employment allows him a right to retirement from that age. This regulation applies to all employees employed under a contract of indefinite duration, fixed-term contracts (if only the contract provides a possibility to terminate it in accordance with Article 33 LC). Furthermore, this limitation applies also to changing work and remuneration conditions on the basis of Article 42 LC. Consequently, members of the management boards of limited liability companies - who are at the same time employees of that company (hereinafter referred to as ‘managers’) - also fall under this regulation.

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