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Changes in regulations concerning global mobility

What is global mobility?

Due to the constant development of businesses and the fact that they are, more and more often, operating from several countries around the world at once, legal regulations concerning the posting of workers in the framework of the provision of services have appeared. This model is profitable for the businesses, because they can move their biggest ‘talents’ to offices and countries that could use their abilities in the best way. For the employees, on the other hand, it could pose a chance for development and give them a possibility to move abroad without having to look for another job. Initiatives like this are supported by the European Union – in 2019 they even issued a practical guide on posting (link)

Law regulations

Issues concerning global mobility are regulated, among others, by the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services, OJ L 018 21.1.1997, p. 1-9 (later: Directive 96/71/EC), Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( ‘the IMI Regulation’ ) Text with EEA relevance, OJ L 159, 28.5.2014, p. 11–31 (later: Directive 2014/67/EU) and in Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (Text with EEA relevance), OJ L 173, p. 16-24 (later: Directive 2018/957).

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KIELTYKA GLADKOWSKI PARTICIPATES IN THE US CHAMBER OF COMMERCE GLOBAL FORUM ON ECONOMIC RECOVERY

On May 18 and 19, 2021 KG Legal KIELTYKA GLADKOWSKI  is participating in the Global Forum on Economic Recovery organized by the US Chamber of Commerce, bringing together government and business leaders to discuss combatting the pandemic and the opportunities and impediments to a dynamic global recovery.

The global pandemic created an unprecedented economic and health crisis for the United States and the world. While the rapid development and deployment of vaccines offers hope for a robust economic recovery in the United States, the pandemic highlighted the need for strong U.S. leadership on the international stage to reinvigorate growth, strengthen trade and build resilient supply chains to support a global recovery. Investing in U.S. competitiveness and joining hands with our allies and partners, will be critical to build a better and more inclusive future – creating healthier communities, supporting entrepreneurship, and expanding access to innovative technologies.

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KIELTYKA GLADKOWSKI WILL PARTICIPATE IN THE TRAINING ORGANISED BY KRAKOW TECHNOLOGY PARK

We are pleased to announce that on May 11, 2021 KG Legal Kiełtyka Gładkowski Law firm will take part in the training “Support for business from Polish and European funds in 2021 and the Polish investment zone”. The event is organised by the Kraków Technology Park and its subject matter will focus, among others, on the issues related to reconstruction and support of Polish business from domestic and European funds. During the training the following topics will also be discussed: the legal basis for the activities in the Polish Investment Zone (PSI) and the National Reconstruction Programme.

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Important information for e-mobility market in Poland

New Polish energy law beneficial for the business of distributors of electric car charging stations.

Implementation of Directive 2012/27/EU on energy efficiency in Poland – amendment to the Regulation of the Polish Minister of Climate will support the development of electromobility in Poland

New Polish energy law beneficial for the business of distributors of electric car charging stations.

The Polish bill of August 6, 2020, of the Polish Minister of Climate, amending the regulation (link to the legislation track) on detailed rules of the production, the formation and calculation of tariffs and settlements in wind electricity trading, introduces regulations to facilitate the further development of electromobility in Poland. Currently, high and constant distribution fees overburden the operators of generally accessible charging stations in Poland, and in combination with the still low demand for this service, they result in too high costs and a decrease in profitability, which in turn results in a lack of interest in investing in this type of technology.

The project was developed on the basis of the authorizing provision contained in Art. 46 sec. 3 of the Act of April 10, 1997 – Energy Law. One of the changes is the introduction to Polish law of a tariff group intended only for generally accessible charging stations.

The proposed solution implies shifting the financial burden from the fixed component of the network rate and the transitional fee rate to a variable component, which is related to the actual scope of using the charging infrastructure. The fixed distribution fee will be abolished and in its place variable fees will be created, depending on the amount of energy consumed by the station. At the same time, it is necessary, in order to simplify the tariff setting model, to link the prices and rates of charges specified in the tariff with another tariff group that is closest to each type (basic group).

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Simplified restructuring proceedings in Poland – new opportunities for entrepreneurs in the COVID-19 era

Polish provisions, referred to as Shield 4.0, officially known as the Act on interest subsidies for bank loans granted to entrepreneurs affected by COVID-19 and on simplified proceedings for approval of an arrangement in connection with the occurrence of COVID-19 (full text available at https://isap.sejm.gov.pl), introduced significant changes to the Polish restructuring procedure. A novelty is the introduction of a simplified restructuring procedure, partly based on the existing regulations on the Polish procedure for approval of an arrangement between the creditors and the debtor. The newly introduced proceedings contain regulations protecting the enterprise against enforcement actions of creditors, while being for the most part extrajudicial (out-of-court) proceedings. An important feature of this new model of debt restructuring, which is also a novelty in the Polish restructuring regulations, is the accompanying extensive enforcement immunity, regulated in Art. 16 sec. 3 of the aforementioned act. As a result, since the announcement on the opening of the simplified restructuring proceedings, creditors in principle do not have the possibility to conduct enforcement proceedings against the entrepreneur – the debtor. According to Art. 17 sec. 1 and 2 of the Shield 4.0, this also applies to claims secured in kind (secured by a physical collateral), which so far was only possible in the costly and lengthy recovery proceedings. Moreover, according to Art. 16 sec. 3 point 3 of this Act, during the period of simplified restructuring proceedings, it is impossible for creditors to terminate major agreements concluded with the debtor, including rental, lease, leasing or credit agreements.

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