KG LEGAL \ INFO
BLOG

New EU rules for posting workers have been implemented in Poland – the President signed the act regulating cross-border labour law

The Polish parliament passed an amendment to the act on the posting of workers in the framework of the provision of services and some other acts. The amendment to the Polish law implements EU regulations. According to the press releases, the amendment may affect all 31 thousand employees posted from other countries to the territory of Poland.

Change of employment conditions of a posted worker on the territory of the Republic of Poland.

The purpose of the amendment is to implement the EU Directive 2018/957 of June 28, 2018 regarding the posting of workers as part of the provision of services.

In line with the recital 13 of the Directive, experience shows that workers who have been hired out by a temporary employment undertaking or placement agency to a user undertaking are sometimes sent to the territory of another Member State in the framework of the transnational provision of services. The protection of those workers should be ensured. Member States should ensure that the user undertaking informs the temporary employment undertaking or placement agency about the posted workers who are temporarily working in the territory of a Member State other than the Member State in which they normally work for the temporary employment undertaking or placement agency or for the user undertaking, in order to allow the employer to apply, as appropriate, the terms and conditions of employment that are more favourable to the posted worker.

More

2 key provisions for the defendant with a cross-border European Order for Payment

picture shows chess figures
2 key provisions for the defendant with a cross-border European Order for Payment

What to do when a company with foreign shareholding structure, formally registered in Poland, receives a payment order by registered mail from a foreign court in the European Union on the EU form?

The European Order for Payment is – according to the Regulation of the European Parliament and of the Council No. 1896/2006 / EC of 12 December 2006 establishing a European order for payment procedure, Journal of EU L 399/1 of 30.12.2006 (hereinafter: “the Regulation”) – a court order issued (on the form) in cross-border civil and commercial cases (Article 2 (1) sentence 1 of the Regulation) for the purpose of pursuing pecuniary claims for specified amount, which are due at the time of lodging an application for a European order for payment.

More

KIEŁTYKA GŁADKOWSKI KG LEGAL participates in the cross-border consultations of the European Commission regarding Regulation (EC) 805/2004

KIEŁTYKA GŁADKOWSKI KG LEGAL was addressed to participate in cross-border expert consultations as part of one of the European Commission’s projects aimed at supervising the application of the European Union law. As part of the project, managed by a renowned global audit institution based in Brussels, KIEŁTYKA GŁADKOWSKI KG LEGAL was asked to evaluate the application of the Regulation (EC) 805/2004 of 2004 establishing a European Enforcement Order for uncontested claims.

The study is intended to assess the functioning of the provisions of the Regulation (EC) 805/2004 and the judicial practice of using the European Enforcement Order in individual jurisdictions.

In particular, the assessment will concern the functioning of the Regulation (EC) 805/2004, based on the current practice, and its comparison with the initial assumptions underlying the adoption of this EU act, also taking into account possible cases of incorrect application of the Regulation or the resulting undesirable effects.

Particular emphasis will be put on the application of the Regulation after the Brussels I-bis Regulation (Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters).

As part of the consultations, there have been undertaken research activities, including interviews at national level such as expert teleconferences. On the basis of the conducted research and analyses, a detailed report on the functioning of the European Enforcement Order in Poland will be prepared.

More

Recent selected cases in 2019 – 2020

We are proud that we have been trusted with the development of the following projects for our Clients:

  1. IT and new technologies sector (cryptocurrency)

KIELTYKA GLADKOWSKI provided complex assistance to non-EU investor in respect of legal possibilities of cryptocoin mining in Poland. The assistance involved the choice of the legal form of activity in Poland, the shareholding structure, the regulatory requirements, compliance with energy law and the analysis of investment costs (including tax costs) as well as the possibility of investing in special economic zones in Poland.

More

Private Client desk services for HIGH-NET-WORTH individuals and their businesses and Next Gen Wealth

Private Client desk services for HIGH-NET-WORTH individuals and their businesses and Next Gen Wealth

KIELTYKA GLADKOWSKI LEGAL (ranked as Leading Law firm in Private Client sector by the Legal500 EMEA for the consecutive years) developed its Private Client desk services for HNW individuals and their businesses and Next Gen Wealth.

The core services for HNW individuals rendered by KIELTYKA GLADKOWSKI LEGAL include:

  • coordinating the Clients’ legal affairs in Poland and globally through extensive network of affiliated specialised law firms;
  • legal advice in wealth management;
  • succession planning, superannuation, and family agreements;
  • assistance to private investors investing across different asset classes;
  • capital investments and investment planning;
  • legal support in creating trust funds and tax optimization;
  • separation of assets from risks;
  • litigation;
  • estate administration;
  • property acquisitions and development;
  • advice and support on business and corporate structuring;
  • assistance in drafting and negotiating stakeholder agreements, such as partnership, shareholder and joint venture agreements.


KIELTYKA GLADKOWSKI LEGAL has been recognised by the independent legal market media (LINK TO THE ARTICLE) as the law firm strongly developing its Private Client desk in the direction of comprehensive legal services rendered to high-net-worth individuals in wealth management, investments across different asset classes; capital investments and investment planning; legal support in creating trust funds and tax optimization as well as advice and support on business and corporate structuring.

More

UP