The answer to
this question is affirmative what finds its legitimacy in Article 180 §2 of the
Polish Commercial Companies Code. This possibility was implemented into the
Polish legislation through the amendment of the Commercial Companies Code of
2016. However, in order to be able to speak of an effective transfer of shares
in the discussed e-form, the following three conditions must be met:
This is the event organised by the American Bankruptcy Institute where KG LEGAL actively operates as a member in assisting peers in cross border insolvency and restructuring cases involving Polish and US jurisdiction.
Change of employment conditions of a posted worker on the territory of the Republic of Poland.
The purpose of the amendment is to implement theEU 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.
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.
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.